Ariz. Admin. Code § R1-6-104 - A.R.S. Section 41-1008(E) Extension Requests

A. A representative of an agency shall appear at the Council meeting at which the agency's rule or five-year review report is to be considered for legal action to respond to questions by the Council.

B. If an agency representative fails to appear at the Council meeting at which the agency's rule or five-year review report is considered for legal action, the Council may:

1. Reschedule consideration of the rule or report;

2. Return a regular rule or report, in whole or in part, to the agency;

3. Approve a regular rule or report, in whole or in part, after allowing public comment, if any;

4. For an expedited rule, approve the rule, reject the rule, order the initiation of regular rulemaking, or provide comments on the expedited rule to the agency within the scope of A.R.S. § 41-1027(A) and require the agency to respond to comments or testimony in writing.

A. Under A.R.S. § 41-1008(E), an agency may file a written request for an extension of the two-year period during which a fee established or increased by exempt rulemaking is effective.

B. The agency shall file a request, in the form of a letter signed by the agency head, at least 40 days before expiration of the two-year period so that the request may be considered at a regularly scheduled Council meeting. The agency representative filing a request shall submit to the Council office one electronic copy of the request. The request shall contain:

1. The name, mailing address, e-mail address, and telephone number of the agency and the agency representative filing the request;

2. The statutory authority under which the request is allowed;

3. The length of the extension sought;

4. The reasons why the two-year period should be extended; and

5. Other supporting information, such as statistical data or a description of persons likely to be adversely affected if the request is denied, if applicable.

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

D. The Council shall schedule consideration of the request for a Council meeting as soon as practicable after receipt of the agency's request.

E. Within seven calendar days after the Council's decision on the request, the Chair shall provide written notification of the Council's decision to the affected agency head, including the reasons for and date of the decision.

Notes

Ariz. Admin. Code § R1-6-104

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 R1-6-104 renumbered to R1-6-108; new Section R1-6-104 renumbered from R1-6-103 and amended by final rulemaking at 6 A.A.R. 8, effective December 8, 1999 (Supp. 99-4). Amended by final rulemaking at 9 A.A.R. 5538, effective December 2, 2003 (Supp. 03-4). 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.