Section R4-8-702. Petition for Rulemaking; Review of Agency Prac- tice or Substantive Policy Statement; Objection to Rule Based Upon Economic, Small Business, or Consumer Impact

A.      A person may petition the Board under A.R.S. § 41-1033 for a:

1.        Rulemaking action relating to a Board rule, including making a new rule or amending or repealing an existing rule; or

2.        Review of an existing Board practice or substantive pol- icy statement alleged to constitute a rule.

B.       A person may petition the Board under A.R.S. § 41-1056.01 objecting to all or part of a Board rule because the actual eco- nomic, small business, or consumer impact of the rule:

1.        Exceeds the estimated economic, small business, or con- sumer impact of the rule; or

2.        Was not estimated and imposes a significant burden on persons subject to the rule.

C.      To act under A.R.S. § 41-1033 or 41-1056.01 and this Section, a person shall submit to the Board a written petition including the following information:

1.        The name, home or business and e-mail addresses, and telephone and fax numbers of the petitioner;

2.        Name of any person represented by the petitioner;

3.        If requesting a rulemaking action:

a.         Statement of the rulemaking action sought, includ- ing the A.A.C. citation to all existing rules, and the specific language of a new rule or rule amendment; and

b.        Reasons for the rulemaking action, including an explanation of why an existing rule is inadequate, unreasonable, unduly burdensome, or unlawful;

4.        If requesting a review of an existing Board practice or substantive policy statement:

a.         Subject matter of the existing practice or substantive policy statement; and

b.        Reasons why  the existing practice or substantive policy statement constitutes a rule.

5.        If objecting to a rule because of its economic, small busi- ness, and consumer impact statement:

a.         The A.A.C. citation of the rule to which objection is made; and

b.        A description of how the actual economic, small business, or consumer impact of the rule differs from that estimated; or

c.         A description of the actual economic, small busi- ness, or consumer impact of the rule and an assess- ment of the burden on persons subject to the rule; and

6.        Dated signature of the petitioner.

D.      A person may submit supporting information with a petition.

Historical Note

New Section R4-8-702 recodified from R4-8-502 at 13

A.A.R. 482, effective January 24, 2007 (Supp. 07-1). Amended by final rulemaking at 14 A.A.R. 690, effective

April 5, 2008 (Supp. 08-1).