Section R7-3-107. Variance Between Adopted Rule and Published Notice of Proposed Rule Adoption

A.       If, as a result of public comment or internal review, the Com- mission determines that a proposed rule requires substantial change pursuant to subsection (B), the Commission shall issue a supplemental notice containing the changes in the proposed rule, in accordance with R7-3-104. The Commission shall pro- vide for additional public comment pursuant to R7-3-108.

B.       In determining whether a rule which the Commission intends to adopt is substantially different from the rule as originally proposed by the Commission, the following shall be consid- ered:

1.        The extent to which the subject matter of the proposed rule or the issues determined by that rule are different from the subject matter or issues involved in the rule which the Commission intends to adopt,

2.        The extent to which the effects of the proposed rule differ from the effects of the rule which the Commission intends to adopt,

3.        The extent to which all persons affected by the rule which the Commission intends to adopt should have understood that the proposed rule would affect their interests.

Historical Note

Adopted effective August 22, 1996, under an exemption from the Administrative Procedure Act pursuant to A.R.S. § 15-1852(C) (Supp. 96-3).