A. An agency shall prepare a notice of proposed rulemaking to make, amend, renumber or repeal a rule. The agency shall follow formatting guidelines prescribed by the secretary of state in the preparation of the notice. The agency shall file the notice with the secretary of state. The notice shall include all of the following:

Terms Used In Arizona Laws 41-1022

  • Agency: means any board, commission, department, officer or other administrative unit of this state, including the agency head and one or more members of the agency head or agency employees or other persons directly or indirectly purporting to act on behalf or under the authority of the agency head, whether created under the Constitution of Arizona or by enactment of the legislature. See Arizona Laws 41-1001
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Code: means the Arizona administrative code, which is published pursuant to section 41-1011. See Arizona Laws 41-1001
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Person: means an individual, partnership, corporation, association, governmental subdivision or unit of a governmental subdivision, a public or private organization of any character or another agency. See Arizona Laws 41-1001
  • Preamble: means :

    (a) For any rulemaking subject to this chapter, a statement accompanying the rule that includes:

    (i) Reference to the specific statutory authority for the rule. See Arizona Laws 41-1001

  • Register: means the Arizona administrative register, which is:

    (a) This state's official publication of rulemaking notices that are filed with the office of secretary of state. See Arizona Laws 41-1001

  • Rule: means an agency statement of general applicability that implements, interprets or prescribes law or policy, or describes the procedure or practice requirements of an agency. See Arizona Laws 41-1001
  • Rulemaking: means the process to make a new rule or amend, repeal or renumber a rule. See Arizona Laws 41-1001

1. The preamble.

2. The code chapter and article in which the rule is being proposed.

3. The proposed or current rule section number.

4. The exact wording of the rule, including the full text of a new rule and any amendment to, renumbering of or repeal of a current rule.

B. The secretary of state shall publish the notice in the register pursuant to section 41-1013.

C. When the agency files the notice, the agency shall notify by first class mail, fax or e-mail each person who has requested notification of the proposed rulemaking and each person who has requested notification of all proposed rulemakings. An agency may provide the notification prescribed in this subsection in a periodic agency newsletter. An agency may purge its list of persons requesting notification of proposed rulemakings once each year.

D. An agency shall allow for and accept public comment on the proposed rulemaking as prescribed in section 41-1023, subsection B. If the proposed rulemaking is exempt from the rulemaking requirements, the agency shall allow for and accept public comment as provided under the exemption.

E. If, as a result of public comments or internal review, an agency determines that a proposed rule requires a substantial change pursuant to section 41-1025, the agency shall prepare a notice of supplemental rulemaking that contains the change in the proposed rule. The agency shall provide for additional public comment pursuant to section 41-1023 and file the notice with the secretary of state. The secretary of state shall publish the notice in the register pursuant to section 41-1013.

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