Ariz. Admin. Code § R1-6-203 - Delivering a Notice of Proposed Expedited Rulemaking

A. Consistent with A.R.S. §§ 41-1027(G) and 41-1052(I) a person may submit written comments about an agency rulemaking to the Council within 30 days from Council receipt of the rulemaking. Written comments may include any visual aids or written materials supplementing planned testimony. For an expedited rulemaking, a person may submit written comments to the Council that are within the scope of A.R.S. § 41-1027(A) . The date of receipt of the rule shall be posted on the Council's web site. Council staff shall notify the agency of any written comments received by the Council. An agency may submit a written response to the Council before or during the scheduled Council meeting or, if more time is needed to respond, request in writing that the rulemaking be moved to the next regularly scheduled Council meeting.

B. A person may provide testimony about regular rulemaking at a Council meeting and may request that an expedited rulemaking be removed from the consent agenda and heard by the Council under A.R.S. § 41-1052 for the purpose of providing testimony.

C. The Chair may limit the time allotted to each speaker and preclude repetitious testimony.

D. A person who provides testimony or submits written comments to the Council shall:

1. Ensure that the testimony or comments relate to a final rulemaking submitted to the Council;

2. Address the provision of A.R.S. §§ 41-1027 or 41-1052(D) through (G) that is the basis for the Council's authority to consider each issue addressed;

3. State specifically how each issue relates to the particular provision addressed;

4. Explain the efforts the person made to communicate with the rulemaking agency about each issue;

5. Submit to Council staff one electronic copy and one paper copy of each written comment, including any visual aid or written material supplementing planned testimony; and

6. At the same time written comments are provided to the Council, provide a copy of written comments, including any visual aids or written materials supplementing planned testimony, to the agency.

E. If a person does not comply with the requirements of this Section, the Chair, in the Chair's discretion, shall consider the reason for the noncompliance, fairness to the rulemaking agency, and the best interests of the state in determining the action to take under A.R.S. §§ 41-1027, 41-1052, or 41-1053 .

A. Under A.R.S. § 41-1027(B), before filing a Notice of Proposed Expedited Rulemaking with the Office of the Secretary of State, an agency is required to submit an electronic copy of the Notice of Proposed Expedited Rulemaking to the Council.

B. Upon filing a Notice of Proposed Expedited Rulemaking with the Office of the Secretary of State, the agency shall:

1. Post the Notice of Proposed Expedited Rulemaking on its website as soon as practicable; and

2. Notify Council staff of the filing as soon as practicable. Upon receipt of this notice, Council staff shall post the Notice of Proposed Expedited Rulemaking on the Council's website as soon as practicable.

C. For the purposes of submitting a final expedited rule for consideration by the Council in accordance with R1-6-202, if the agency and the Council post the Notice of Proposed Expedited Rulemaking on their respective websites on different dates, the Council shall consider the 30-day public comment window established in A.R.S. § 41-1027(C) to have opened on the date of the agency's posting.

Notes

Ariz. Admin. Code § R1-6-203

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.