Arizona Administrative Register, Volume 28, Issue 01, January 7, 2022, p. 1-156

• Jurisdiction: Arizona
• Library: Arizona Register
• Published date: 07 January 2022
• Year: 2022

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Volume 28, Issue 1 ~ Administrative Register Contents ~ January 7, 2022

Information ................................................................................................................................................................................... 2

Rulemaking Guide ...................................................................................................................................................................... 3

RULES AND RULEMAKING

Proposed Rulemaking, Notices of

3 A.A.C. 2 Department of Agriculture – Animal Services Division ......................................................................................... 4

13 A.A.C. 15 Department of Public Safety – Rapid DNA .................................................................................................... 10

18 A.A.C. 1 Department of Environmental Quality – Administration ................................................................................... 16

18 A.A.C. 9 Department of Environmental Quality – Water Pollution Control ..................................................................... 22

18 A.A.C. 14 Department of Environmental Quality – Permit and Compliance Fees .......................................................... 79

Proposed Expedited Rulemaking, Notices of

9 A.A.C. 3 Department of Health Services – Child Care Group Homes .............................................................................. 89

9 A.A.C. 5 Department of Health Services – Child Care Facilities ...................................................................................... 99

Exempt Rulemaking, Notices of

4 A.A.C. 19 Board of Nursing ............................................................................................................................................ 111

Rule Expirations, Notices of

17 A.A.C. 4 Department of Transportation – Title, Registration, and Driver Licenses ....................................................... 121

OTHER AGENCY NOTICES

Docket Opening, Notices of Rulemaking

3 A.A.C. 2 Department of Agriculture – Animal Services Division ..................................................................................... 123

13 A.A.C. 15 Department of Public Safety – Rapid DNA .................................................................................................. 124

18 A.A.C. 9 Department of Environmental Quality – Water Pollution Control ................................................................... 124

18 A.A.C. 11 Department of Environmental Quality – Water Quality Standards ............................................................... 125

18 A.A.C. 14 Department of Environmental Quality – Permits and Compliance Fees ...................................................... 126

Public Information, Notices of Rulemaking

Department of Environmental Quality ............................................................................................................................... 129

GOVERNOR’S OFFICE

Governor’s Executive Order 2021-02

Moratorium on Rulemaking to Promote Job Creation and Economic Development; Internal Review

of Administrative Rules ..................................................................................................................................................... 137

INDEXES

Register Index Ledger ....................................................................................................................................................... 139

Rulemaking Action, Cumulative Index for 2021 ................................................................................................................ 140

Other Notices and Public Records, Cumulative Index for 2021 ........................................................................................ 149

CALENDAR/DEADLINES

Rules Effective Dates Calendar ........................................................................................................................................ 151

Register Publishing Deadlines .......................................................................................................................................... 153

GOVERNOR’S REGULATORY REVIEW COUNCIL

Governor’s Re

g

ulator

y

Review Council Deadlines ............................................................................................................ 155

Arizona

Secretary

of State

Digitally signed

by Arizona

Secretary of

State

Date: 2022.01.07

17:38:43 -07'00'

Information Arizona Administrative Register

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2 Vol. 28, Issue 1 | Published by the Arizona Secretary of State | January 7, 2022

ABOUT THIS PUBLICATION

The authenticated pdf of the Administrative Register (A.A.R.)

posted on the Arizona Secretary of State’s website is the official

published version for 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 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 notices of rules terminated by

the agency and rules that have expired.

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). Rulemaking activity published

in the Register includes: proposed, final, emergency, expedited, and

exempt rules as defined in the APA, and other state statutes.

New rules in this publication (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 authenticated pdf of Code chapters posted on the Arizona

Secretary of State’s website are the official published version of

rules in the A.A.C. 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.

January 7, 2022

Volume 28, Issue 1

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 at www.azsos.gov.

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.

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Arizona Administrative Register Rulemaking Guide

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January 7, 2022 | Published by the Arizona Secretary of State | Vol. 28, Issue 1 3

Arizona Regular Rulemaking Process

Look for the 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 agency 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.