Arizona Administrative Register, Volume 25, Issue 13, March 29, 2019, p. 741-790
Jurisdiction | Arizona |
Library | Arizona Register |
Published date | 29 March 2019 |
Year | 2019 |
DIRECTOR PUBLISHER RULES MANAGING EDITOR
Administrative Rules Division
Scott Cancelosi
Secretary of State
KATIE HOBBS
Arizona Administrative Register
Rhonda Paschal
Vol. 25, Issue 13 ~ Administrative Register Contents ~ March 29, 2019
Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .742
Rulemaking Guide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .743
RULES AND RULEMAKING
Proposed Rulemaking, Notices of
17 A.A.C. 4 Department of Transportation - Title, Registration, and Driver Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . .745
Final Rulemaking, Notices of
9 A.A.C. 8 Department of Health Services - Food, Recreational, and Institutional Sanitation . . . . . . . . . . . . . . . . . . . . . .748
9 A.A.C. 8 Department of Health Services - Food, Recreational, and Institutional Sanitation . . . . . . . . . . . . . . . . . . . . . .756
9 A.A.C. 8 Department of Health Services - Food, Recreational, and Institutional Sanitation . . . . . . . . . . . . . . . . . . . . . .763
Emergency Rulemaking, Notices of
21 A.A.C. 5 Department of Child Safety - Permanency and Support Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 771
GOVERNOR’S OFFICE
Governor’s Executive Order 2019-01
Moratorium on Rulemaking to Promote Job Creation and Customer-Service-Oriented Agencies; Protecting
Consumers Against Fraudulent Activities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .776
INDEXES
Register Index Ledger . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 778
Rulemaking Action, Cumulative Index for 2019 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .779
Other Notices and Public Records, Cumulative Index for 2019 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .781
CALENDAR/DEADLINES
Rules Effective Dates Calendar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .783
Register Publishing Deadlines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .785
GOVERNOR’S REGULATORY REVIEW COUNCIL
Governor’s Regulatory Review Council Deadlines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .786
Notice of Action Taken at the March 5, 2019 Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 787
Arizona
Secretary
of State
Digitally signed
by Arizona
Secretary of
State
Date: 2019.03.28
10:40:56 -07'00'
742 Vol. 25, Issue 13 | Published by the Arizona Secretary of State | March 29, 2019
Information
Vol. 25 Issue 13
PUBLISHER
SECRETARY OF STATE
Katie Hobbs
ADMINISTRATIVE RULES
STAFF
DIRECTOR
Scott Cancelosi
RULES MANAGING EDITOR
Rhonda Paschal
ADMINISTRATIVE REGISTER
This publication is available online for
free at www.azsos.gov.
ADMINISTRATIVE CODE
A price list for the Arizona
Administrative Code is available
online. You may also request a paper
price list by mail. To purchase a paper
Chapter, contact us at
(602) 364-3223.
PUBLICATION DEADLINES
Publication dates are published in the
back of the Register. These dates
include file submittal dates with a
three-week turnaround from filing to
published document.
CONTACT US
Administrative Rules Division
Office of the Secretary of State
1700 W. Washington Street, Fl. 2
Phoenix, AZ 85007
(602) 364-3223
The Office of the Secretary of State is
an equal opportunity employer.
ABOUT THIS PUBLICATION
The paper copy of the Administrative Register (A.A.R.) is the official
publication for rules and rulemaking activity in the state of Arizona.
Rulemaking is defined in Arizona Revised Statutes known as the Arizona
Administrative Procedure Act (APA), A.R.S. Title 41, Chapter 6, Articles 1
through 10.
The Office of the Secretary of State does not interpret or enforce rules
published in the Arizona Administrative Register or Code. Questions should be
directed to the state agency responsible for the promul gation of the rule as
provided in its published filing.
The Register is cited by volume and page number. Volumes are published by
calendar year with issues published weekly. Page numbering continues in each
weekly issue.
In addition, the Register contains the full text of the Governor’s Executive
Orders and Proclamations of general applicability, summaries of Attorney
General opinions, notices of rules terminated by the agency, and the Governor’s
appointments of state officials and members of state boards and commissions.
ABOUT RULES
Rules can be: made (all new text); amended (rules on file, changing text);
repealed (removing text); or renumbered (moving rules to a different Section
number). Rules activity published in the Register includes: proposed, final,
emergency, expedited, and exempt rules as defined in the APA.
Rulemakings initiated under the APA as effective on and after January 1,
1995, include the full text of the rule in the Register. New ru les in this publi cation
(whether proposed or made) are denoted with underlining; repealed text is
stricken.
WHERE IS A “CLEAN” COPY OF THE FINAL OR EXEMPT
RULE PUBLISHED IN THE REGISTER?
The Arizona Administrative Code (A.A.C) contains the codified text of rules.
The A.A.C. contains rules promulgated and filed by state agencies that have been
approved by the Attorney General or the Governor’s Regulatory Review Council.
The Code also contains rules exempt from the rulemaking process.
The printed Code is the official publication of a rule in the A.A.C., and is
prima facie evidence of the making, amendment, or repeal of that rule as
provided by A.R.S. § 41-1012. Paper copies of rules are available by full Chapter
or by subscription. The Code is posted online for free.
LEGAL CITATIONS AND FILING NUMBERS
On the cover: Each agency is assigned a Chapter in the Arizona
Administrative Code under a specific Title. Titles represent broad subject areas.
The Title number is listed first; with the acronym A.A.C., which stands for the
Arizona Administrative Code; following the Chapter number and Agency name,
then program name. For example, the Secretary of State has rules on rulemaking
in Title 1, Chapter 1 of the Arizona Administrative Code. The citation for this
chapter is 1 A.A.C. 1, Secretary of State, Rules and Rulemaking
Every document filed in the office is assigned a file number. This number,
enclosed in brackets, is located at the top right of the published documents in the
Register. The original filed document is available for 10 cents a page.
Rulemaking Guide
March 29, 2019 | Published by the Arizona Secretary of State | Vol. 25, Issue 13 743
Look for the Agency Notice
Review (inspect) notices published
in the Arizona Administrative Register.
Many agencies maintain stakeholder
lists and would be glad to inform you
when they proposed changes to rules.
Check an agency’s website and its
newsletters for news about notices and
meetings.
Feel like a change should be made
to a rule and an agency has not
proposed changes? You can petition
an agency to make, amend, or repeal a
rule. The agency must respond to the
petition. (See A.R.S. § 41-1033)
Attend a public hearing/meeting
Attend a public meeting that is
being conducted by the agency on a
Notice of Proposed Rulemaking.
Public meetings may be listed in the
Preamble of a Notice of Proposed
Rulemaking or they may be published
separately in the Register. Be prepared
to speak, attend the meeting, and make
an oral comment.
An age ncy may not have a public
meeting scheduled on the Notice of
Proposed Rulemaking. If not, you may
request that the agency schedule a
proceeding. This request must be put
in writing within 30 days after the
published Notice of Proposed
Rulemaking.
Write the agency
Put your comments in writing to
the agency. In order for the agency to
consider your comments, the agency
must receive them by the close of
record. The comment must be
received within the 30-day comment
timeframe following the Register
publication of the Notice of Proposed
Rulemaking.
You can also submit to the
Governor’s Regulatory Review
Council written comments that are
relevant to the Council’s power to
review a given rule (A.R.S. § 41-
1052). The Council reviews the rule at
the end of the rulemaking process and
before the rules are filed with the
Secretary of State.
START HERE
APA, statute or ballot
proposition is
passed. It gives an
agency authority to
make rules.
It may give an
agency an exemption
to the process or
portions thereof.
Agency opens a
docket.
Agency files a Notice of
Rulemaking Docket
Opening; it is published
in the Register. Often
an agency will file the
docket with the
proposed rulemaking.
Agency decides not to
act and closes docket.
The agency may let
the docket lapse by
not filing a Notice of
Proposed rulemaking
within one year.
Agency drafts proposed rule
and Economic Impact
Statement (EIS); informal
public review/comment.
Agency files Notice of
Proposed Rulemaking.
Notice is published in
the Register.
Notice of meetings may
be published in
Register or included in
Preamble of Proposed
Rulemaking.
Agency opens
comment period.
Agency decides not to
proceed and does not file
final rule with G.R.R.C.
within one year after
proposed rule is
published. A.R.S. § 41-
1021(A)(4).
Agency decides not to
proceed and files Notice
of Termination of
Rulemaking for
publication in Register.
A.R.S. § 41-1021(A)(2).
Agency files Notice
of Supplemental
Proposed
Rulemaking. Notice
published in
Register.
Oral proceeding and close of
record. Comment period must last
at least 30 days after publication
of notice. Oral proceeding
(hearing) is held no sooner than
30 days after publication of notice
of hearing
Agency decides not to
proceed; files Notice of
Termination of
Rulemaking. May open
a new Docket.
Substantial change?
If no change then
Rule must be submitted for review or terminated within 120 days after the close of the record.
A final rulemaking package is submitted to G.R.R.C. or A.G. for review. Contains final
preamble, rules, and Economic Impact Statement.
G.R.R.C. has 90 days to review and approve or return the rule package, in whole or in part;
A.G. has 60 days.
After approval by G.R.R.C. or A.G., the rule becomes effective 60 days af ter filing with the
Secretary of State (unless otherwise indicated).
Arizona Regular Rulemaking Process
Final rule is published in the Register and the quarterly Code Supplement.
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