Ariz. Admin. Code § 1-1-701

Current through Register Vol. 30, No. 50, December 13, 2024

Section R1-1-701 - Notice of Emergency Rulemaking

A. If an agency determines a proposed new Section, an amendment to a Section, or a repeal of an existing Section meets the emergency provisions of A.R.S. § 41-1026, the agency shall prepare a Notice of Emergency Rulemaking as prescribed in this Section.

B. A Notice of Emergency Rulemaking shall contain:

1. On a centered line one inch from the top of the page, the heading in all capital letters, NOTICE OF EMERGENCY RULEMAKING.

2. On a centered line under the notice heading, the agency's Code Title number and heading.

3. On a centered line under the Title, the agency's Code Chapter number and heading.

4. If applicable, on a centered line under the Chapter number and heading the agency's Code Subchapter label and heading.

5. On a centered line under the Chapter or Subchapter heading, whichever is applicable, the heading in all capital letters and underlined, PREAMBLE. The Preamble of the Notice of Emergency Rulemaking shall include, in numbered order:

a. A list of Articles, Parts, or Sections affected and the rulemaking action of each Article, Part, or Section affected in two columns, as specified in R1-1-502(B)(5).

b. Citations to the agency's statutory rulemaking authority to include the authorizing statute (general) and the implementing statute (specific).

c. The effective date of the rule. If an agency specifies a date:

i. Earlier than the 60 day effective date as specified in A.R.S. § 41-1032(A) the agency shall include the earlier date and state the reason or reasons it selected the earlier effective date as provided in A.R.S. § 41-1032(A)(1) through (5), or

ii. Later than the 60 day effective date as specified in A.R.S. § 41-1032(A) the agency shall include the date and state the reason or reasons it selected the later effective date as provided in A.R.S. § 41-1032(B).

d. Citations to all related emergency rulemaking notices published in the Register as specified in R1-1-409(A) that pertain to the record of this notice of emergency rulemaking.

e. The agency's contact person who can answer questions about the rulemaking. This information shall include the contact's:

i. Name;

ii. Address;

iii. Area code and telephone number; and

iv. Fax number, e-mail and web site addresses, if applicable.

f. An agency's justification and reason why a rule should be made, amended, repealed, or renumbered, to include an explanation about the rulemaking.

g. A reference to any study relevant to the rule that the agency reviewed and either relied on or did not rely on in its evaluation of or justification for the rule, where the public may obtain or review each study, all data underlying each study, and any analysis of each study and other supporting material.

h. A showing of good cause why the rulemaking is necessary to promote a statewide interest if the rulemaking will diminish a previous grant of authority of a political subdivision of this state.

i. A summary of the economic, small business, and consumer impact.

j. Any other matters prescribed by statute and applicable to the specific agency or to any specific rule or class of rules. When applicable, matters shall include but are not limited to:

i. Whether the rule requires a permit, whether a general permit is used and if not, the reasons why a general permit is not used;

ii. Whether a federal law is applicable to the subject of the rule, whether the rule is more stringent than federal law and if so, citation to the statutory authority to exceed the requirements of federal law; and

iii. Whether a person submitted an analysis to the agency that compares the rule's impact of the competitiveness of business in this state to the impact on business in other states.

k. A list of any incorporated by reference material as specified in A.R.S. § 41-1028 and its location in the rule.

l. An agency explanation about the situation justifying the rulemaking as an emergency rule.

m. The date the Attorney General approved the rule.

n. The phrase "The full text of the rules follows:".

6. The full text of the rules in the rulemaking package shall begin on the page after the last page of the Preamble and contain the text as specified in R1-1-502(B)(18).

C. An agency shall submit an emergency rulemaking package to the Attorney General for review.

D. The Attorney General shall prepare a certificate as specified in R1-1-105.

E. An emergency rulemaking package shall include:

1. Two agency receipts as specified in R1-1-106;

2. An original and two copies of the agency certificate as specified in R1-1-105;

3. An original and two copies of the certificate of approval or disapproval from the Attorney General as specified in subsection (D).

4. An original and two copies of the rulemaking package as specified in R1-1-103;

5. An economic, small business, and consumer impact statement if required by A.R.S. § 41-1055; and

6. An agency that received an analysis comparing the rule's impact of the competitiveness of business in this state to the impact on business in other states, shall file the analysis with the rulemaking.

F. The Attorney General shall file the emergency rulemaking package, to include all documents listed under subsection (E), with the Office.

G. Emergency rules are in effect for 180 days under the provisions of A.R.S. § 41-1026.

H. Emergency rules may be renewed for an additional 180-day period under the provisions of A.R.S. § 41-1026. If an agency amends the text of a rule renewed, the agency shall prepare a list of every amendment made to the renewed emergency rule. The list of amendments shall be included and attached to the renewal notice when filed with the Office.

Ariz. Admin. Code § R1-1-701

Adopted effective January 1, 1995; filed in the Office of the Secretary of State December 30, 1994 (Supp. 94-4). Amended by final rulemaking at 10 A.A.R. 468, effective March 23, 2004 (Supp. 04-1). Amended by final rulemaking at 17 A.A.R. 1391, effective September 5, 2011 (Supp. 11-3). Subsection (B)(5)(c)(i) corrected at Office request, Office File No. M11-380, filed October 20, 2011 (Supp. 11-3).