2012 Arizona Revised Statutes
Title 41 State Government
41-1027 Expedited rule making

41-1027. Expedited rule making

A. An agency may conduct expedited rule making pursuant to this section if the rule making does not increase the cost of regulatory compliance, increase a fee or reduce procedural rights of persons regulated and does one or more of the following:

1. Amends or repeals rules made obsolete by repeal or supersession of an agency's statutory authority.

2. Amends or repeals rules for which the statute on which the rule is authorized has been declared unconstitutional by a court with jurisdiction, there is a final judgment and no statute has been enacted to replace the unconstitutional statute.

3. Makes, amends or repeals rules that repeat verbatim existing statutory authority granted to the agency.

4. Makes, amends or repeals rules relating only to internal governmental operations that are not subject to violation by a person.

5. Corrects typographical errors, makes address or name changes or clarifies language of a rule without changing its effect.

6. Adopts or incorporates by reference without material change federal statutes or regulations pursuant to section 41-1028, statutes of this state or rules of other agencies of this state.

7. Reduces or consolidates steps, procedures or processes in the rules.

B. If the proposed expedited rule making is solely for a purpose prescribed in subsection A, paragraph 1, 3 or 5 of this section, an agency shall notify the governor, the president of the senate, the speaker of the house of representatives and the council of the proposed expedited rule making. The notice shall contain the name, address and telephone number of the agency contact person and the exact wording of the proposed expedited rule making and indicate how the proposed expedited rule making achieves the purpose prescribed in subsection A, paragraph 1, 3 or 5 of this section.

C. If the proposed expedited rule making is for a purpose prescribed in subsection A, paragraph 2, 4, 6 or 7 of this section, an agency shall file a request for proposed expedited rule making with the governor and notify the president of the senate, the speaker of the house of representatives and the council of the request. The request shall contain the name, address and telephone number of the agency contact person and the exact wording of the proposed expedited rule making and an explanation of how the proposed expedited rule making meets the criteria in subsection A of this section.

D. The governor may approve the request for expedited rule making if the request complies with subsection A of this section.

E. On delivery of the notice required in subsection B of this section or on approval by the governor of a request for proposed expedited rule making the agency shall file a notice of the proposed expedited rule making with the secretary of state for publication in the next state administrative register containing the information and provisions of the proposed rule making filed with the governor pursuant to subsection B or C of this section and allow any person to provide written comment to the agency for at least thirty days after publication in the register, including objections to the rule making because it does not meet the criteria pursuant to subsection A of this section. The agency shall adequately respond in writing to the comments on the proposed expedited rule making.

F. An agency may not submit an expedited rule to the council that is substantially different from the proposed rule contained in the notice of proposed expedited rule making. However, an agency may terminate an expedited rule making proceeding pursuant to subsection K of this section and commence a new rule making proceeding for the purpose of making a substantially different rule. An agency shall use the criteria prescribed in section 41-1025, subsection B for determining whether an expedited rule is substantially different from the published proposed expedited rule.

G. After adequately addressing, in writing, any written objections, an agency shall file a request for approval with the council. The request shall contain the notice of proposed expedited rule making filed with the secretary of state pursuant to this section and the agency's responses to any written comments. The council may require a representative of an agency whose proposed expedited rule making is under examination to attend a council meeting and answer questions. The council may communicate to the agency its comments on the proposed expedited rule making within the scope of subsection A of this section and require the agency to respond to its comments or testimony in writing. A person may submit written comments to the council that are within the scope of subsection A of this section.

H. Before an agency files a notice of final expedited rule making with the secretary of state, the council shall approve any proposed expedited rule making. The council shall not approve the rule unless:

1. The rule satisfies the criteria for expedited rule making pursuant to subsection A of this section.

2. The rule is clear, concise and understandable.

3. The rule is not illegal, inconsistent with legislative intent or beyond the agency's statutory authority.

4. The agency, in writing, adequately addressed the comments on the proposed rule and any supplementary proposal.

5. If applicable, the permitting requirements comply with section 41-1037.

6. The rule is not a substantial change, considered as a whole, from the proposed rule and any supplementary proposal.

7. The rule imposes the least burden and costs to persons regulated by the rule.

I. On receipt of council approval, the agency shall file a notice of final expedited rule making with the secretary of state that contains the information and provisions required in subsection B or C of this section and that the agency did receive approval from the council pursuant to this section.

J. The expedited rule making becomes effective thirty days following publication of the notice of final expedited rule making.

K. An agency may terminate an expedited rule making proceeding on approval of the governor and written notice to the president of the senate, the speaker of the house of representatives and the council.