Section R6-1-105. Oral Proceedings; Request for; Nature of

A.      Oral proceedings scheduled pursuant to A.R.S. § 41-1023(A) shall be held in each of the districts established pursuant to

A.R.S. § 41-1961.

B.       A written request for oral proceedings filed with the Depart- ment pursuant to A.R.S. § 41-1023(B) shall contain:

1.        The name, current address, and daytime telephone num- ber of each requestor;

2.        The name of any partnership, corporation, association, governmental subdivision or unit of a governmental sub- division, a public or private organization of any nature, or another agency that the requestor is representing as a reg- istered lobbyist or otherwise;

3.        A statement identifying the rule for which the oral pro- ceeding is requested; and

4.        The signature of each requestor.

C.      The petition may contain a proposed location for such pro- ceeding. If such a location is included, the petition shall also explain how the proposed location will afford interested mem- bers of the public a reasonable opportunity to participate.

D.      Oral proceedings shall be conducted by a presiding officer in an informal manner and without adherence to the procedures of a trial-type or evidentiary hearing, as described in this sub- section.

1.        A person may make an oral presentation without being placed under oath or affirmation.

2.        Any person who makes an oral presentation shall fill out a speaker’s registration card prior to speaking.

3.        The presiding officer shall conduct the proceeding in a way which avoids undue repetition and assures a reliable record on any proposed rulemaking.

4.        Any person may file a written submission at an oral pro- ceeding, in addition to or in lieu of oral presentations.

5.        Prior to taking oral presentations, the presiding officer shall summarize the contents of the rule under consider- ation and the economic impact and small business state- ments filed with the rule.

6.        Prior to the close of the record of the oral proceeding, the presiding officer shall summarize all subsequent rule- making steps, procedures, and time-frames.

Historical Note

Adopted effective September 22, 1988 (Supp. 88-3).

Amended effective December 22, 1993 (Supp. 93-4).