Section R4-20-123. Petition for Rulemaking; Review of Agency Prac- tice or Substantive Policy Statements; Objection Based Upon Economic, Small Business, or Consumer Impact

A person shall file a petition to adopt, amend, or repeal a rule or to review an existing agency practice or substantive policy statement that the petitioner alleges to constitute a rule under A.R.S. § 41- 1033 or to object to a rule according to A.R.S. § 41-1056.01 as pre- scribed in this Section. Each petition shall contain:

1.        The name and current address of the petitioner;

2.        For the adoption of a new rule, the specific language of the proposed rule;

3.        For  the  amendment  of   a  current  rule,  the  applicable

A.A.C. citation and Section heading. The request shall include the specific language of the current rule, any lan- guage to be deleted shall be stricken through but legible, and any new language shall be underlined;

4.        For the repeal of a current rule, the applicable A.A.C cita- tion and Section heading;

5.        The reasons the rule should be adopted, amended, or repealed, and if for an existing rule, why the rule is inade- quate, unreasonable, unduly burdensome, or otherwise not acceptable. The petitioner may provide additional supporting information, including:

a.        Any statistical data or other justification, with clear reference to an attached exhibit;

b.        An identification of what persons or segment of the public would be affected and how they would be affected; and

c.        If the petitioner is a public agency, a summary of rel- evant issues raised in any public hearing, or as writ- ten comments offered by the public;

6.        For a review of an existing Board practice or substantive policy statement alleged to constitute a rule, the reasons the existing Board practice or substantive policy state- ment constitutes a rule and the proposed action requested of the Board;

7.        For an objection to a rule based upon the economic, small business or consumer impact, evidence that:

a.        The actual economic, small business, or consumer impact significantly exceeded the impact estimated in the economic, small business, and consumer impact statement submitted during the making of the rule; or

b.        The actual economic, small business, or consumer impact was not estimated in the economic, small business, and consumer impact statement submitted during the making of the rule and the actual impact imposes a significant burden on persons subject to the rule; and

8.        The signature of the person submitting the petition.

Historical Note

New Section made by final rulemaking at 11 A.A.R.

3660, effective November 15, 2005 (05-3).