Arizona Administrative Register, Volume 19, Issue 17, April 26, 2013, p. 803-908

• Jurisdiction: Arizona
• Library: Arizona Register
• Published date: 26 April 2013
• Year: 2013

Arizona Administrative Register / Secretary of State

Notices of Final Rulemaking

April 26, 2013 Page 823 Volume 19, Issue 17

NOTICES OF FINAL RULEMAKING

NOTICE OF FINAL RULEMAKING

TITLE 6. ECON OMIC SECURITY

CHAPTER 9. DEPARTMENT OF ECONOMIC SECURITY

APPELLATE SERVICE ADM INISTRATION

Editor’s Note: The following Notice of Final Rulemaking was reviewed per Executive O rder 2012-03 as issued by Governor

Brewer. (See the text of the exec utive order on page 896.) The Governor’s Office authorized the notice to proceed through the

rulemaking process on Au gust 19, 2010. [R13-46]

PREAMBLE

1. Article, Part, or Se ction Affected (as applicable) Rulemaking Acti on

Article 3 New Article

R6-9-301 New Section

R6-9-302 New Section

2. Citations to the agency’s statutory rulemaking authority to include both the authorizing statute (general) and the

implementing statu te (specific):

Authorizing statut e: A.R.S. § 41-1954(A)(3)

Implementing statu te: A.R.S. §§ 23-671, 23-672, 23-68 1, 23-682, 23-773, 41-1992, 41-199 3 and 41-1995

3. The effective date of the rules:

June 1, 2013

a. If the age ncy selected a date earlier than the 60 day effective date as specified in A.R.S. § 41-1032(A), inclu de

the ea rlier date and state the reason or reasons the agency selected th e earlier effective date as provided in

A.R.S. § 41-1032( A)(1) through (5):

Not applicable

b. If the agency selected a date lat er than the 60 day effective date as specified i n A.R.S. § 41-1032(A), include the

later date and state the reason or reason s the agency selected the lat er effective date as provided in A.R.S. § 41-

1032(B):

Not applicable

4. Citations to all related no tices published in the Register to includ e the Register as specified in R1-1-409(A ) that per-

tain to the record of t he final rulemaking package:

Notice of Rulemak ing Docket Opening: 18 A.A.R. 10 78, May 11, 2012

Notice of Proposed Rulemaking: 18 A.A.R. 2778, Nov ember 2, 2012

5. The agency’s conta ct person who can answer questi ons about the rulemaking:

Name: Rameshwar Adhikar i

Address: Department of Eco nomic Security

P.O. Box 6123, Site Code 837A

Phoenix, AZ 85005

or

Department of Eco nomic Security

1789 W. Jefferson St., Site Code 83 7A

Phoenix, AZ 85007

The Adm inistrative Procedure Act requi res the publication of the final rules of the state’s agencies. Final rules are those which have

appeared in the Register first as proposed rules and have been through the formal rulemaking p rocess including appro val by the Gover-

nor’s Regulatory Review Coun cil or the Attorney General. The Secretary of State shall publish the notice along with the Preamble and the

full text in the next availabl e issue of the Register after the final rules h ave been submitted for filing and publication .

Volume 19, Issue 1 7 Page 824 April 26, 2013

Arizona Administrative Register / Secretary of State

Notices of Final Rulemaking

Telephone: (602) 542-9199

Fax: (602) 542-6000

E-mail: radhikari@azdes.gov

Web site: http://www.azdes.gov

6. An agency’s j ustification and reason why a rule should be made, am ended, repealed or renumbered, to include an

explanation about the rulemaking:

Laws 200 8, Second Regu lar Ses sion, Ch. 98 (H.B. 2204) amended A.R.S. §§ 23- 671, 23-672, 23- 681, 23-682, 23 -

773, 41- 1992, 41-1993, and 41-1995. H.B. 2204 allows the A ppellate Service Administration (“ ASA”) to t ransmit

electronically, rather than by mail, documents to parties who ha ve consented to such service.

Adopting t his rule will accomplish the intent of th is legislation by permitting ASA to electronically transmit docu-

ments to parties. Im plementing these rules will make tra nsmission of documents quicker and less expensive.

7. A reference to a ny study relevant to the rule that the agency rev iewed and ei ther relied on or did n ot rely on in its

evaluation of or justifica tion for the rule, where t he public may obtain or review each study, all data underlying

each study, and any analy sis of each study and other suppo rting material:

None

8. A showin g of good cause why the rulemaking is necessary to promote a statewide interest if the rulemaking will

diminish a previous grant of authority of a political sub division of this state:

Not applicable

9. A summary of th e economic, small business, and consu mer impact:

The State will achieve a small cost sa vings from this rule, since it will be able to save money on postage by being per-

mitted to submit documents elect ronically. ASA estimates it saves approx imately $5,000 to $10,000 per year from the

Unemployment Insu rance (UI) fund source, and ap proximately $1,000 to $2,000 per ye ar from the Public Assistance

(Non-UI Cases) fu nd source, as a result of using e-mail to transmit some of its decisions to parties.

10. A d escription of any changes betwe en the proposed rulemaking, to include supplemental notices, and the final

rulemaking:

The Depart ment has not made any sub stantial changes since the Notice of Proposed Rulemaking was published on

November 2 , 2012, other th an minor clarifying typographical and formatting changes that were made at the recom-

mendation of Cou ncil staff.

11. An agency’s summ ary of the public or st akeholder comments made about the r ulemaking and the agency response

to the comments:

None

12. All agencies shall l ist other matters pres cribed by statute applicable to the sp ecific agency or to any specific rule or

class of rules. Additionally, an agency subjec t to Council review under A.R.S. §§ 41- 1052 and 41-1055 shall respond

to the following q uestions:

Not applicable

a. Whether the rule requires a permit, wh ether a general permit is used and if not, the reasons why a general per-

mit is not used:

These rules do not require a permit.

b. Whether a fede ral law is applicabl e to the subject o f the rule, whethe r the rule is m ore stringent than federal

law and if so, cita tion to the statutory authority to ex ceed the requirements of federal law:

Not applicable

c. Whether a person submitted an analysis to the age ncy that compares the rule’s impact of the co mpetitiveness

of business in this state to the impact on business in other states:

No analysis was sub mitted.

13. A list of any incor porated by reference material as speci fied in A.R.S. § 41-1028 and its lo cation in the rule:

None

14. Whether the rule was previously made, am ended or repealed as an em ergency rule. If so, cite the notice published

in th e Register as specified in R1-1-409(A). Also, the agency shall state where the te xt was c hanged between the

emergency and t he final rulemaking packages:

Not applicable

15. The full text of th e rules follows:

Arizona Administrative Register / Secretary of State

Notices of Final Rulemaking

April 26, 2013 Page 825 Volume 19, Issue 17

TITLE 6. ECON OMIC SECURITY

CHAPTER 9. D EPARTMENT OF ECONOMIC SECURITY

APPELLATE SERVICE ADM INISTRATION

ARTICLE 3. DECIS IONS, HEARINGS, AND ORDERS

Sections

R6-9-301. Definitions

R6-9-302. Electronic Service of Documents by the Appellate Se rvices Administration

ARTICLE 3. DECIS IONS, HEARINGS, AND ORDERS

R6-9-301. Definitions

1. “ASA” means the Appellate Services Administration w ithin the Arizona Department of Ec onomic Security.

2. “Electronic transmi ssion” means the service of docume nts via facsimile transmission (“fax ”) and electronic mail (“e-

mail”).

3. “On the record” m eans audio recorded during a formal p roceeding conducted by a hearin g officer.

4. “Party” means an appellant, appellee, or the Departmen t.

R6-9-302. Electronic Service of Docum ents by the Appellate Services A dministration

A. ASA may transmit docume nts electronically, rather than by conventional mail, to parties who have consent ed to electronic

service.

B. Consent to Elec tronic Service.

1. A party may only co nsent to be electronically served d ocuments by:

a. Submission of a written consent to ASA; or

b. Consenting on the r ecord.

2. The party consenting to electronic servi ce of documents shall provide ASA with eith er a valid e-mail address or a fax

number for service of documents.

3. The party consenting to electronic service of documents shall also provide ASA with a physic al mailing address f or

ASA to use at its di scretion to serve documents. A part y may use a post office box as its phys ical mailing address.

C. Withdrawal of C onsent to Electro nic Service.

1. A party may withdr aw consent to receive documents by ele ctronic means at any time. The withd rawal shall be on the

record or in writing to ASA. The withdrawal is effective upon receipt by ASA.

2. ASA shall treat a notice of a change of electronic a ddress as both a withdrawal of the consent to receiv e documents at

the prior address, a nd as a new consent to receive docu ments at the new address.

3. ASA shall not sen d documents by electronic means af ter a party withdr aws consent.

4. ASA shall consider service of a document to have no force or effect if A SA sent the document electronically after a

party wit hdrew co nsent to receive the document electronically even if the party actually received the electronically

transmitted documen t.

D. ASA shall consider a document sent by ASA and received by a party at the Mountain Standard Time an d date ASA trans-

mits the document to the electronic address provided by the party.

E. ASA shall encryp t any document sent by e-mail.

F. Failure of Electronic Service; Effe ct on Timeliness of Filing.

1. When a party no tifies ASA that t he party did not receive an e-mai l message from A SA, was unable to open or dow n-

load an attached d ocument, or was otherwise unable t o access the document to be serve d, ASA shall re-send the doc-

ument.

2. ASA shall calculate any filing deadline that is based on the date ASA electronically sends a document as follows:

a. If the party does not r eceive the o riginal e-mail message due to equipment malfunction, a ction, or i naction of

either ASA or a serv ice provider, then the date of service sha ll be the date ASA re-sends the docu ments.

b. If the pa rty does not receive the or iginal e-ma il message due to the party ’s own equipment ma lfunction, action,

or inaction:

i. The date of service shall be the date of original electron ic transmission by ASA, and

ii. ASA shall exclude from the calculation the t ime fr om whe n the party gave notice of non-receipt and

requested that the d ocument be re-sent until ASA re-send s or mails the document.