Ariz. Admin. Code § R1-6-103 - Submitting a Petition for Council Rulemaking or Review

The Chair, in consultation with Council, shall establish for each calendar year, by the preceding October 31, a schedule containing submission deadlines based on the meeting dates established under R1-6-102 for:

1. Rules submitted or, if applicable, resubmitted to the Council including new, amended, repealed, or renumbered rules; and

2. Five-year review reports.

A. A person may petition the Council under A.R.S. § 41-1033(A) for a:

1. Rulemaking action relating to a rule promulgated by the Council, including making a new rule or amending or repealing an existing rule; or

2. Review of an existing Council practice or substantive policy statement alleged to constitute a rule.

B. To act under A.R.S. § 41-1033(A) and this Section, a person shall submit to the Council office one electronic copy of a petition, in the form of a letter signed by the person submitting the petition, that includes the following information:

1. Name, mailing address, e-mail address, and telephone number of the person submitting the petition;

2. Name of any person represented by the person submitting the petition; and

3. If the petition is for rulemaking action:

a. A statement of the rulemaking action sought, including the Arizona Administrative Code citation of all existing rules, and the specific language of a new rule or rule amendment; and

b. Reasons for the rulemaking action, including an explanation of why an existing rule is inadequate, unreasonable, unduly burdensome, or unlawful;

4. If the petition is for a review of an existing practice or substantive policy statement:

a. Subject matter of the existing practice or substantive policy statement, and

b. Reasons why the existing practice or substantive policy statement constitutes a rule.

C. The petition shall not exceed five double-spaced pages and shall be in a clear and legible typeface.

D. A person may submit supporting information with a petition, including:

1. Statistical data; and

2. A list of other persons likely to be affected by the rulemaking action or the review, with an explanation of the likely effects.

E. The Council shall send a letter in response to the petition no later than 60 calendar days after the date the Council receives the petition.

Notes

Ariz. Admin. Code § R1-6-103

Adopted effective December 16, 1987 (Supp. 87-4). Section repealed, new Section adopted effective May 25, 1995 (Supp. 95-2). Amended effective April 3, 1996 (Supp. 96-2). Former Section R1-6-103 renumbered to R1-6-104; new Section R1-6-103 renumbered from R1-6-102 and amended by final rulemaking at 6 A.A.R. 8, effective December 8, 1999 (Supp. 99-4). Amended by final rulemaking at 17 A.A.R. 1410, effective September 5, 2011 (Supp. 11-3). Amended by final rulemaking at 19 A.A.R. 2731, effective January 5, 2013. Amended by final rulemaking at 23 A.A.R. 2265, effective 8/9/2017.