Arizona Administrative Register, Volume 25, Issue 40, October 4, 2019, p. 2511-2978

• Jurisdiction: Arizona
• Library: Arizona Register
• Published date: 04 October 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 40 ~ Administrative Register Contents ~ October 4, 2019

Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2512

Rulemaking Guide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2513

RULES AND RULEMAKING

Final Rulemaking, Notices of

18 A.A.C. 11 Department of Environmental Quality - Water Quality Standards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2515

Exempt Rulemaking, Notices of

20 A.A.C. 5 Industrial Commission of Arizona . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2624

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2959

INDEXES

Register Index Ledger . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2961

Rulemaking Action, Cumulative Index for 2019 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2962

Other Notices and Public Records, Cumulative Index for 2019 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2970

CALENDAR/DEADLINES

Rules Effective Dates Calendar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2973

Register Publishing Deadlines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2975

GOVERNOR’S REGULATORY REVIEW COUNCIL

Governor’s Regulatory Review Council Deadlines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2976

Arizona

Secretary

of State

Digitally signed

by Arizona

Secretary of

State

Date: 2019.10.04

16:41:53 -07'00'

2512 Vol. 25, Issue 40 | Published by the Arizona Secretary of State | October 4, 2019

Information

Vol. 25 Issue 40

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 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.

Rulemaking Guide

October 4, 2019 | Published by the Arizona Secretary of State | Vol. 25, Iss ue 40 2513

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.