REFERENCE TITLE: rulemaking; approval of governor; factors

State of Arizona House of Representatives Fifty-second Legislature First Regular Session 2015

HB 2646

Introduced by Representative Olson

 

AN ACT

 

Establishing procedures for rulemaking.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Rulemaking; approval of governor; factors; definitions

A.  An agency may not conduct any formal or informal rulemaking without the prior written approval of the governor.  When seeking approval to conduct rulemaking, an agency shall specify one or more of the following factors as justification for the rulemaking:

1.  To fulfill an objective related to job creation, economic development or economic expansion in this state.

2.  To reduce or ameliorate a regulatory burden while achieving the same regulatory objective.

3.  To prevent a significant threat to the public health, peace or safety.

4.  To avoid violating a court order or federal law that would result in sanctions by a court or the federal government against an agency for failure to conduct the rulemaking action.

5.  To comply with a federal statutory or regulatory requirement if the compliance is related to a condition for the receipt of federal monies or participation in any federal program.

6.  To fulfill an obligation related to fees or any other action necessary to implement the state budget, as determined by the director of the governor's office of strategic planning and budgeting.

7.  To conduct rulemaking that is exempt pursuant to section 41‑1005, Arizona Revised Statutes.

8.  To address matters pertaining to the control, mitigation or eradication of waste, fraud or abuse within an agency or wasteful, fraudulent or abusive activities perpetrated against an agency.

B.  This section does not confer any legal rights on any person and may not be used as a basis for a legal challenge to rules, approvals, permits or licenses or any other action or inaction of an agency.

C.  For the purposes of this section:

1.  "Agency":

(a)  Means any board, commission, department, officer or other administrative unit of this state.

(b)  Does not include:

(i)  The legislature.

(ii)  The courts.

(iii)  The corporation commission.

(iv)  Any agency that is headed by a single elected state official.

(v)  Any agency whose administrative head is not appointed by the governor.

2.  "Person" means an individual, partnership, corporation, association, governmental subdivision or unit of a governmental subdivision, a public or private organization of any character or another agency.

3.  "Rule" means an agency statement of general applicability that implements, interprets or prescribes law or policy, or describes the procedure or practice requirements of an agency.  Rule includes prescribing fees or the amendment or repeal of a prior rule but does not include intraagency memoranda that are not delegation agreements.

4.  "Rulemaking" means the process for formulation and finalization of a rule.