2011 Arizona Revised Statutes
Title 49 The Environment
49-471.07 Time and manner of rule or ordinance making

49-471.07. Time and manner of rule or ordinance making

A. A board of supervisors may not act on a rule or ordinance until the rule or ordinance making record is closed.

B. At the time a control officer submits a rule or ordinance to the board of supervisors, the control officer shall issue a concise explanatory statement containing:

1. An indication of any change between the text of the proposed rule or ordinance or preamble contained in the notice of proposed rule or ordinance making published in the register and the text of the rule or ordinance submitted to the board of supervisors, with the reasons for any change.

2. An evaluation of the arguments for and against the rule or ordinance, including a response to comments received on the proposed rule or ordinance or preamble and any supplemental notices.

C. The board of supervisors shall not adopt a rule or ordinance that is substantially different from the proposed rule or ordinance contained in the notice of proposed rule or ordinance making. If the rule or ordinance is substantially different from the proposed rule or ordinance, the board of supervisors shall terminate the rule or ordinance making proceeding and commence a new rule or ordinance making proceeding by filing a new notice of proposed rule or ordinance making, or the board of supervisors may file a supplemental notice of proposed rule or ordinance making.

D. In determining whether a rule or ordinance is substantially different from the published proposed rule or ordinance on which it is required to be based, all of the following shall be considered:

1. The extent to which all persons affected by the rule or ordinance should have understood that the published proposed rule or ordinance would affect their interests.

2. The extent to which the subject matter of the rule or ordinance or the issues determined by that rule or ordinance are different from the subject matter or issues involved in the published proposed rule or ordinance.

3. The extent to which the effects of the rule or ordinance differ from the effects of the published proposed rule or ordinance if it had been made instead.

E. Within one hundred twenty days after the close of the record on the proposed rule or ordinance making, a control officer shall take one of the following actions:

1. Submit the rule or ordinance to the board of supervisors.

2. Continue or terminate the proceeding by publication of a notice to that effect in the register.

F. A final rule or ordinance is effective on the date the board of supervisors adopts the final rule or ordinance, unless the board of supervisors specifies a later effective date.

G. Within thirty days after adoption by the board of supervisors of the final rule or ordinance, the control officer shall submit a notice to the secretary of state for publication in the next register. The notice shall contain the preamble and text of the final rule or ordinance. The secretary of state shall publish the notice in the next issue of the register at no cost to the county.