Section R7-3-108. Oral Proceedings

A.       When the Commission proposes a rule, such proposed action shall be presented as a specifically identified agenda item for review at a public meeting of the Commission, and such public meeting shall take place no less than 30 days prior to the pub- lic meeting at which the Commission intends to adopt, amend, or repeal the rule. At the time it proposes a rule, the Commis- sion may schedule an oral proceeding on the proposed action. Any person may submit written statements, arguments, and supporting data on the Commission’s proposed action to the Executive Director of the Commission within 30 days follow- ing the date the Commission proposes the rule.

B.       The Commission shall schedule an oral proceeding on a pro- posed rule if, within 30 days after proposing the rule, a written request for an oral proceeding is submitted to the Commission by no fewer than five persons. An oral proceeding may not be held earlier than 30 days after notice of its date, location, and time is published. If an oral proceeding is scheduled, the Com- mission shall post, in a location as required for notice of a pub- lic meeting, a written notice of the place and date of the proceeding no less than 20 days in advance thereof. The Com- mission, a member of the Commission, or an official of the Commission’s staff designated by the Commission, shall pre- side at the oral proceeding. At the oral proceeding, minutes of the meeting shall be taken and persons may present oral argu- ment, views, and supporting data on the proposed rule. The person presiding at the hearing shall exclude unduly repeti- tious argument.

C.       Prior to its meeting at which it intends to adopt, amend, or repeal a rule, the Commission shall be provided with a copy of the proposed action; an informative summary of such action; a memorandum summarizing the written public comment received; the economic, small business, and consumer impact summary; and the minutes of any oral proceeding regarding the proposed action. The Commission shall consider all such information prior to adopting, amending, or repealing the rule.

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).