A. To submit a five-year review report for
consideration by the Council, an agency shall submit to the Council office one
electronic copy of the cover letter signed by the agency head and the five-year
review report required by A.R.S. §
41-1056. The
agency shall concisely analyze and provide the following information in the
five-year review report in the following order for each rule:
1. General and specific statutes authorizing
the rule, including any statute that authorizes the agency to make
rules;
2. Objective of the rule,
including the purpose for the existence of the rule;
3. Effectiveness of the rule in achieving the
objective, including a summary of any available data supporting the conclusion
reached;
4. Consistency of the rule
with state and federal statutes and other rules made by the agency, and a
listing of the statutes or rules used in determining the consistency;
5. Agency enforcement policy, including
whether the rule is currently being enforced and, if so, whether there are any
problems with enforcement;
6.
Clarity, conciseness, and understandability of the rule;
7. Summary of any written criticism of the
rule received by the agency within the five years immediately preceding the
five-year review report. An agency shall respond to any written criticism and
shall provide a copy of its response to the commenter;
8. A comparison of the estimated economic,
small business, and consumer impact of the rule with the economic, small
business, and consumer impact statement prepared on the last making of the rule
or, if no economic, small business, and consumer impact statement was prepared
on the last making of the rule, an assessment of the actual economic, small
business, and consumer impact of the rule;
9. Any analysis submitted to the agency by
another person regarding the rule's impact on this state's business
competitiveness as compared to the competitiveness of businesses in other
states;
10. If applicable, how the
agency completed the course of action indicated in the agency's previous
five-year review report;
11. A
determination after analysis that the probable benefits of the rule within this
state outweigh the probable costs of the rule, and the rule imposes the least
burden and costs to persons regulated by the rule, including paperwork and
other compliance costs necessary to achieve the underlying regulatory
objective;
12. A determination
after analysis that the rule is not more stringent than a corresponding federal
law unless there is statutory authority to exceed the requirements of that
federal law;
13. For a rule adopted
after July 29, 2010, that requires issuance of a regulatory permit, license or
agency authorization, whether the rule complies with A.R.S. §
41-1037;
and
14. Course of action the agency
proposes to take regarding each rule, including the month and year in which the
agency anticipates submitting the rules to the Council if the agency determines
it is necessary to amend or repeal an existing rule, or to make a new rule. If
no issues are identified for a rule in the report, an agency may indicate that
no action is necessary for the rule.
B.
To avoid repetition, an agency shall use a narrative
format rather than a tabular format to present the information in the report.
The narrative shall be organized according to the categories in subsection (A).
For subsection (A)(2), the agency shall provide a specific objective, including
the purpose for the existence of each individual rule. Within the remaining
categories, an agency shall analyze each rule individually or, if the analysis
for each rule is the same, consolidate the analysis, either by article or for
all rules in the report. If the analysis for a category is identical for all of
the rules in a report, the agency shall specify that the analysis within that
category applies to all of the rules in the report. If the analysis for a
category is identical for all of the rules in an article, the agency shall
specify that the analysis within that category applies to all of the rules in
the article.
C.
B. In addition to the documents required in subsection
(A), an agency shall submit one electronic copy of the cover letter. The cover
letter shall provide the following information:
1. A person to contact for information
regarding the report,
2. Any rule
that is not reviewed with the intention that the rule will expire under A.R.S.
§
41-1056(J),
3. Any rule that is not reviewed because the
Council rescheduled the review of an article under A.R.S. §
41-1056(H),
and
4. The certification that the
agency is in compliance with A.R.S. §
41-1091.
D.
In addition to the documents required in subsections
(A) and (C), an agency shall submit one electronic copy of the following
reference documents:
1.
Rules being reviewed;
2.
General and specific statutes authorizing the rules,
including any statute that authorizes the agency to make rules;
and
3.
If an economic, small business, and consumer impact
statement was prepared on the last making of a rule being reviewed, the
economic, small business, and consumer impact statement for the
rule.
