Ariz. Admin. Code § 6-1-105

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

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

A. When requested under A.R.S. § 41-1023(C), the Department shall schedule an oral proceeding in at least one of the districts established under A.R.S. § 41-1961. The Department may provide internet or teleconference access to an oral proceeding.

B. A written request for an oral proceeding filed with the Department under A.R.S. § 41-1023(C) shall contain:

1. The name, current address, daytime telephone number, and e-mail address, if available, of each requestor;

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

3. A statement identifying the rule for which the oral proceeding is requested; and

4. The signature of each requestor.

C. A person requesting an oral proceeding may indicate a specific city or district where the person would like the proceeding to be held. If such a location is included, the petition shall also explain how the proposed location will afford interested members of the public a reasonable opportunity to participate.

D. The presiding officer shall conduct an oral proceeding in an informal manner as described in this subsection.

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 that avoids undue repetition and assures a reliable record on any proposed rulemaking.

4. Any person may file a written submission at an oral proceeding, in addition to an oral presentation.

5. Prior to taking oral presentations, the presiding officer shall summarize the contents of the rule under consideration and the economic impact and small business statements filed with the rule.

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

7. The presiding officer shall record the oral proceeding by electronic or other means. At the start of the oral proceeding, the presiding officer shall announce that the proceeding is being recorded.

Ariz. Admin. Code § R6-1-105

Adopted effective September 22, 1988 (Supp. 88-3). Amended effective December 22, 1993 (Supp. 93-4). Amended by final rulemaking at 23 A.A.R. 2757, effective 11/18/2017.