A. An agency may not submit a rule to the council until the rule making record is closed.

Terms Used In Arizona Laws 41-1024

  • 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
  • Committee: means the administrative rules oversight committee. See Arizona Laws 41-1001
  • Council: means the governor's regulatory review council. See Arizona Laws 41-1001
  • Emergency rule: means a rule that is made pursuant to section 41-1026. See Arizona Laws 41-1001
  • Final rule: means any rule filed with the secretary of state and made pursuant to an exemption from this chapter in section 41-1005, made pursuant to section 41-1026, approved by the council pursuant to section 41-1052 or 41-1053 or approved by the attorney general pursuant to section 41-1044. See Arizona Laws 41-1001
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • 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
  • Small business: means a concern, including its affiliates, which is independently owned and operated, which is not dominant in its field and which employs fewer than one hundred full-time employees or which had gross annual receipts of less than four million dollars in its last fiscal year. See Arizona Laws 41-1001

B. Within one hundred twenty days after the close of the record on the proposed rule making, an agency shall take one of the following actions:

1. Submit the rule to the council or, if the rule is exempt pursuant to section 41-1057, to the attorney general.

2. Terminate the proceeding by publication of a notice to that effect in the register.

C. Before submitting a rule to the council or the attorney general, an agency shall consider the written submissions, the oral submissions or any memorandum summarizing oral submissions and the economic, small business and consumer impact statement regarding the rule or information in the preamble.

D. Within the scope of its delegated authority, an agency may use its own experience, technical competence, specialized knowledge and judgment in the making of a rule.

E. Unless exempted by section 41-1005 or 41-1057 or unless the rule is an emergency rule made pursuant to section 41-1026, if the agency chooses to make the rule, the agency shall submit a rule package to the council and to the committee. The rule package shall include:

1. The preamble.

2. The exact words of the rule, including existing language and any deletions.

3. The economic, small business and consumer impact statement.

F. If the rule is exempt pursuant to section 41-1005, the agency shall file it as a final rule with the secretary of state.

G. If the rule is exempt from council approval, pursuant to section 41-1057, the agency shall submit the rule package set forth in subsection E of this section to the attorney general for approval pursuant to section 41-1044.

H. An agency shall not file a final rule with the secretary of state without prior approval from the council, unless the final rule is exempted pursuant to section 41-1005 or 41-1057 or the rule is an emergency rule made pursuant to section 41-1026 or an expedited rule made pursuant to section 41-1027.