A. An agency shall maintain an official rule making record for each rule it proposes by publication in the register of a notice of proposed rule making and each final rule filed in the office of the secretary of state. The record and matter incorporated by reference must be available for public inspection.

Terms Used In Arizona Laws 41-1029

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • 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
  • Council: means the governor's regulatory review council. See Arizona Laws 41-1001
  • Docket: A log containing brief entries of court proceedings.
  • 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

  • Provision of law: means the whole or a part of the federal or state constitution, or of any federal or state statute, rule of court, executive order or rule of an administrative agency. 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
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

B. The agency rule making record shall contain all of the following:

1. A copy of the notice initially filed in the office of the secretary of state.

2. Copies of all publications in the register with respect to the rule or the proceeding on which the rule is based.

3. Copies of any portions of the agency’s rule making docket containing entries relating to the rule or the proceeding on which the rule is based.

4. All written petitions, requests, submissions and comments received by the agency and all other written materials considered or prepared by the agency in connection with the rule or the proceeding on which the rule is based.

5. Any official transcript of oral presentations made in the proceeding on which the rule is based, or if not transcribed, any tape recording or stenographic record of those presentations, and any memorandum prepared by a presiding official summarizing the contents of those presentations.

6. A copy of all materials submitted to the council, including the economic, small business and consumer impact statement and the minutes of the council meeting at which the rule was reviewed.

7. A copy of the final rule and preamble.

8. Information requested regarding the experience, technical competence, specialized knowledge and judgment of an agency if the agency relies on section 41-1024, subsection D in the making of a rule and a request is made.

C. On judicial review, the record required by this section constitutes the official agency rule making record with respect to a rule. Except as provided in section 41-1036 or otherwise required by a provision of law, the agency rule making record need not constitute the exclusive basis for agency action on that rule or for judicial review of that rule.

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