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REFERENCE TITLE: commodity marketing orders and agreements |
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State of Arizona House of Representatives Fiftieth Legislature First Regular Session 2011
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HB 2310 |
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Introduced by Representatives Jones, Pancrazi, Senators Nelson, Shooter: Representatives Brophy McGee, Crandell, Urie
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AN ACT
Amending sections 3-401, 3-404, 3-405, 3-406, 3‑408, 3‑409, 3‑412, 3‑413, 3‑414, 3‑415, 3-419, 3-422, 3-424, 3-425 and 3-428, Arizona Revised Statutes; amending title 3, chapter 3, article 1, Arizona Revised Statutes, by adding section 3-430; amending section 41-1005, Arizona Revised Statutes; relating to agricultural marketing orders and marketing agreements.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 3-401, Arizona Revised Statutes, is amended to read:
3-401. Definitions
In this article, unless the context otherwise requires:
1. "Affected commodity" means the specific citrus, fruit or vegetable regulated pursuant to article 2 or 4 of this chapter and subject to the marketing agreement or order or the proposed marketing agreement or order.
2. "Affected person" means a producer or shipper of an affected commodity.
3. "Assistant director" means the assistant director of the office of commodities development and promotion of the Arizona department of agriculture.
4. 3. "Marketing agreement" or "agreement" means an agreement developed by producers or shippers of the affected commodity and entered into by the assistant director pursuant to this article.
5. 4. "Marketing commission" or "commission" means the marketing commission established under section 3‑413.
6. 5. "Marketing committee" or "committee" means a marketing committee established by a marketing agreement according to section 3‑426.
7. 6. "Marketing order" or "order" means an order developed by producers or shippers of the affected commodity and issued by the assistant director pursuant to this article.
8. 7. "Person" means any individual, firm, corporation, trust, association or partnership.
9. 8. "Producer" means a person who has a financial interest in producing or causing citrus, fruit or vegetable commodities to be produced for market in commercial quantities.
10. 9. "Shipper" means a person that engages in shipping, transporting, selling or marketing citrus, fruits or vegetables under his the shipper's own registered trademark or label or a person who first markets the fruits or vegetables for the producer.
11. 10. "Supervisor" means the supervisor of standardization of the Arizona department of agriculture.
12. 11. "Volume" means cartons or the equivalent weight of Arizona grown products marketed in the preceding marketing season.
13. 12. "Written assent" means a signed statement of an affected person consenting to the terms of a marketing order.
Sec. 2. Section 3-404, Arizona Revised Statutes, is amended to read:
3-404. Marketing order and marketing agreement programs
A. A marketing order or marketing agreement applies to all producers and shippers included under the terms of the order or agreement.
B. A marketing order or marketing agreement may:
1. Provide for establishing standards for the quality, condition, size or maturity of a commodity marketed in or shipped outside this state. Standards shall not be less than the standards provided by articles 2 and 4 of this chapter and rules adopted pursuant to those articles.
2. Provide for establishing, and verifying compliance with, food safety standards.
2. 3. Provide for plans to conduct programs for advertising and sales promotion.
3. 4. Provide for research studies to improve production, distribution and marketing.
4. 5. Provide for educational programs designed to inform producers and shippers about quality improvement or about practices, procedures and methods used in production, processing and marketing.
5. 6. Provide for research and educational programs concerning health, food, nutritional, therapeutic and dietetic qualities or for developing new food products or new uses for agricultural products.
6. 7. Provide programs to control and eradicate insects, disease and parasites.
7. 8. Provide for establishing and regulating the use of an official brand, trade name or label.
8. 9. Provide programs to gather and disseminate weather data to producers.
9. 10. Provide for developing and funding programs, jointly or cooperatively, with public or private organizations, including funding marketing information services.
10. 11. Authorize persons to participate in hearings regarding agricultural chemicals that are used by the affected commodity.
Sec. 3. Section 3-405, Arizona Revised Statutes, is amended to read:
3-405. Contents of a marketing order
A. A marketing order shall:
1. Describe the territory of this state to be regulated by the marketing order.
2. State the type of marketing order program.
3. Establish a marketing commission and prescribe the number of commission members.
4. State the maximum rate of assessments in amounts sufficient to cover all expenses of the marketing order if assessments are required.
5. State whether the marketing order applies to producers or shippers, or both. If the marketing order applies to shippers only, shippers shall pay any assessments owing and shall not charge producers any assessments for the marketing order. If the marketing order applies to both producers and shippers, the shippers shall not charge producers any assessments that the shipper is required to pay pursuant to the marketing order.
6. Apply uniformly to all persons of the same category.
7. State whether the costs of the hearing, public meeting and referendum or written assent procedures shall be reimbursed by any assessments received if the marketing order is approved.
8. State the amount of time an inspector may hold a lot found to be in violation of the marketing order and specify the time period allowed to recondition a product pursuant to section 3‑420.
B. The marketing order may apply to more than one commodity and may include any other relevant information.
Sec. 4. Section 3-406, Arizona Revised Statutes, is amended to read:
3-406. Initiation of the marketing order process
A. To initiate or substantially change a marketing order, an affected person shall file a petition with the department signed by ten per cent of producers or shippers, or both producers and shippers, of the affected commodity that is the subject of the proposed marketing order. The petition shall state:
1. The affected commodity to be regulated by the marketing order.
2. A description of the territory of this state to be regulated by the proposed marketing order.
3. The category of persons to be regulated by the marketing order.
4. A draft of the proposed marketing order.
5. The proposed method of voting.
6. Any other relevant information.
B. Within thirty days after receiving the petition, the department shall initiate developing a department list and shall prepare a budget to handle the petition. The department shall require a deposit from the petitioners to cover the costs of the hearing public meeting and referendum or written assent procedures. The deposit may be reimbursed by any assessments received if the marketing order is approved.
Sec. 5. Section 3-408, Arizona Revised Statutes, is amended to read:
3-408. Public meeting; notice
A. A public meeting on the petition shall be held within sixty days after the department receives the petition.
B. Notice shall be sent to all affected persons on the department list and interested parties five to thirty days before the date of the public meeting. The notice shall state the time, date and place of the public meeting, the territory and commodity affected by the proposed marketing order and that the department will receive evidence and testimony concerning the department list and the proposed marketing order.
C. The assistant director, or his the director's designee, shall conduct the public meeting and shall receive evidence and testimony concerning the proposed marketing order, the accuracy of the department list and the preferred method of voting on the proposed marketing order. The assistant director or designee may receive evidence and testimony regarding the period of time required for filing written assents and any other relevant matters.
D. The department may hold more than one public meeting if the affected commodity is grown in more than one area of this state.
Sec. 6. Section 3-409, Arizona Revised Statutes, is amended to read:
3-409. Findings
A. Based on testimony received at the public meeting, the assistant director may recommend to the petitioners that the proposed marketing order be modified. If the petitioners make any substantial changes to the proposed marketing order after the public meetings, there shall be at least one additional public meeting to receive evidence and testimony regarding the revised marketing order. If the petitioners make only technical changes to the proposed marketing order, no additional public meeting is required.
B. The assistant director shall approve the marketing order if he the director finds:
1. The same marketing agreement or marketing order program is not in effect for the affected commodity in the territory described by the proposed marketing order.
2. The marketing order complies with this article.
3. The costs of administering the proposed marketing order are met by the proposed assessment, if an assessment is necessary.
C. The assistant director shall issue a decision to be mailed to all persons appearing at the public meeting within twenty days after the conclusion of all public meetings. The decision shall state the director's findings of the assistant director, the method of voting on the proposed marketing order and a summary of the evidence and testimony presented at the public meetings.
Sec. 7. Section 3-412, Arizona Revised Statutes, is amended to read:
3-412. Terminating a marketing order
A. The marketing order expires on the fifth anniversary of its effective date unless specified otherwise in the marketing order, terminated previously or reapproved.
B. If the marketing order has been substantially changed and the substantial change was submitted for approval to those persons regulated by the marketing order during the existing term of the marketing order, the marketing order's term is deemed reapproved from the date of the approval of the substantial change.
C. During the last year the marketing order is effective, the department shall develop a list pursuant to section 3-407 and hold a public meeting pursuant to section 3-408 and an election pursuant to section 3‑410. If the marketing order is reapproved, the new term begins on the expiration of the existing term.
D. If at least forty per cent of the persons regulated by a marketing order, by volume and by number, present a petition to terminate the marketing order to the department and the signatures have been collected within ninety days, the department shall hold a public meeting pursuant to section 3-408 and depending on the testimony presented at the public meeting may submit the marketing order for an election pursuant to section 3-410 within sixty days after the filing of the petition. The petition shall state the text of the marketing order, the proposed method of voting and any other pertinent information.
E. If a marketing commission, by a two-thirds vote of its membership, determines that it is no longer in the best interest of the persons regulated by the marketing order to continue the marketing order, the department shall submit the marketing order to an election pursuant to section 3-410 within thirty days after the marketing commission's vote.
F. If a marketing commission does not meet for three consecutive marketing seasons, the assistant director may call a public meeting pursuant to section 3-408 to determine whether an election on termination is necessary.
G. If an election is conducted by referendum, the marketing order shall be terminated if a majority of the persons regulated by the marketing order by number and volume votes to terminate the marketing order.
H. If an election is conducted by written assent, the marketing order shall be terminated if a majority of the persons regulated by the marketing order by number and volume files a written assent to terminate the marketing order with the department.
I. The department shall certify the election results. The department may not disclose how a particular person voted but shall disclose who voted and the total number of votes cast in favor of the marketing order and the total number of votes cast opposing the marketing order.
J. If the department certifies that the marketing order shall be terminated pursuant to the results of the referendum or written assent, the marketing order terminates five days after the notice is mailed to every person regulated by the marketing order and persons who request notification.
K. A marketing order shall not be submitted for termination until one year after an election.
Sec. 8. Section 3-413, Arizona Revised Statutes, is amended to read:
3-413. Marketing commission; appointment; term
A. A marketing commission is composed of three to nine members with rotating terms of three years. Two-thirds of the members shall be appointed collectively by the director, and supervisor and assistant director, from nominations of affected persons or representative commodity associations and one-third shall be selected by the other members of the marketing commission.
B. Members shall be selected to represent areas of this state that produce the affected commodity on the basis of the volume of total production in this state for the affected commodity.
C. A marketing commission shall be composed of persons who are regulated by the marketing order and shall include both producers and shippers if the marketing order regulates both categories.
D. Commission members are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
Sec. 9. Section 3-414, Arizona Revised Statutes, is amended to read:
3-414. Powers and duties of a marketing commission or marketing committee
A. A marketing commission or marketing committee shall:
1. Collect, receive and disburse any monies to be used to administer a marketing order or marketing agreement.
2. Annually elect a chairman, secretary and treasurer from among its members.
3. Meet at least twice annually or at additional times called by the chairman or when requested by a quorum of the marketing commission or marketing committee.
4. Keep a permanent record of its proceedings and make these records available for public inspection for any lawful purpose.
5. Provide for an annual audit of any of its accounts by a certified public accountant and make an annual financial statement available to any affected person and the auditor general on request.
6. Prescribe any assessments to be assessed within the limits prescribed in this article, the marketing order or the marketing agreement.
B. A marketing commission shall:
1. Prepare for the regulated commodity an annual report of its activities, receipts and expenditures. A copy of the annual report shall be available to any interested person on request.
2. Organize and administer any election called under this article or the marketing order.
C. A marketing commission or marketing committee may:
1. Sue and be sued as a marketing commission or marketing committee, without individual liability, for acts of the marketing commission or marketing committee within the scope of the powers and duties conferred on it by this article, the marketing order or the marketing agreement.
2. Enter into contracts to carry out the purposes of this article, the marketing order or the marketing agreement.
3. Appoint committees or subcommittees of the marketing commission or marketing committee, ex officio marketing commission or marketing committee members or advisory groups composed of representatives from organizations, institutions or businesses related to or interested in the regulated commodity.
4. Employ or retain and fix the compensation of a qualified person or qualified entity to manage the marketing order or marketing agreement, on behalf of the marketing commission or marketing committee, and other personnel that are necessary to carry out the provisions of this article, the order or the agreement.
5. Cooperate with any local, state or nationwide organization or agency engaged in work or activities similar or related to those of the commission or the committee and enter into contracts with the organizations or agencies for carrying on joint programs.
6. Make grants to research agencies to finance appropriate studies, or to purchase or acquire equipment and facilities consistent with the marketing order or marketing agreement.
7. Act jointly and in cooperation with this state or any other state or the federal government and spend monies to administer any program deemed by the commission or committee to be beneficial to the affected commodity.
8. Accept grants, donations, contributions, gifts, property or services or other assistance for from public or private sources.
9. Provide educational materials to:
(a) Interested parties that are not affected persons at a charge fixed by the commission or committee commensurate with the cost of compilation, publication and issuance.
(b) Public officials without charge.
10. Return assessments to affected persons on a pro rata basis to the extent that monies collected exceed budgeted expenses.
9. 11. Adopt rules pursuant to title 41, chapter 6 necessary to promptly and effectively administer this article. Title 41, chapter 6 does not apply to rulemaking under this article, but the commission or committee shall provide fifteen days' advance notice of the meeting at which rules will be adopted. The commission or committee shall receive public testimony at the meeting regarding the rules.
10. 12. Refer to persons regulated under a marketing order for an advisory vote the question of setting assessments or establishing or continuing any program authorized by the order.
11. 13. Investigate and prosecute in the name of this state any legal action to enforce the collection or ensure payment of the authorized assessments.
12. 14. Gather data or any other information the commission or committee deems necessary to administer and enforce the order or agreement.
13. 15. Receive complaints of violations of the order or agreement and refer the complaints to the proper authorities.
Sec. 10. Section 3-415, Arizona Revised Statutes, is amended to read:
3-415. Administrative services; reimbursement
A. The marketing commission or marketing committee may employ staff, at a rate of compensation determined by the commission or committee, to serve at the pleasure of the commission or committee, and may shall prescribe the terms and conditions of employment of employees as necessary to perform the functions prescribed by this article, the marketing order or marketing agreement. The commission or committee may provide, at a rate or amount determined by the commission or committee, compensation, vehicles and vehicle expense, health care benefits, life insurance, retirement and any other cost or expense associated with employment. Reimbursement for travel and subsistence expenses for commission or committee employees shall be in the amount prescribed by title 38, chapter 4, article 2. All employees of the commission or committee are exempt from title 38, chapter 4, articles article 1 and 4 and chapter 5, article 2 and title 41, chapter 4, articles 5 and 6 and are not under the jurisdiction of the department of administration.
B. The commission or committee may also enter into an interagency agreement pursuant to title 11, chapter 7, article 3 with the department to provide necessary administrative services to the commission or committee including:
1. Providing secretarial and other services necessary for the commission or committee to carry out its activities.
2. Establishing separate operating accounts for the commission or committee.
3. Providing necessary financial and accounting services to the commission or committee, including the issuance of checks, payment of bills approved by the commission or committee, annual audits, expenditure and receipt reports whether monthly or annually, preparation of annual budget and any other activities requested by the commission or committee.
4. Receiving mail and other communication for the commission or committee.
5. Receiving monies authorized under this article for deposit, pursuant to sections 35-146 and 35-147, in the appropriate funds.
6. Accepting donated monies on behalf of the commission or committee to be credited to the account of the commission or committee.
7. Providing space for the meetings of the commission or committee.
8. Providing any other administrative services that the commission or committee requests or finds necessary.
C. If the department performs any function under this article, it acts as the agent of the marketing commission or marketing committee and has no authority or control over the commission or committee or the commission's or committee's employees or assets. The commission or committee shall reimburse the department for any administrative services the department provides from the monies received under the marketing order or marketing agreement in an amount agreed on by the commission or committee and the director. Any services provided by citrus, fruit and vegetable standardization or the department in the normal scope of services are not subject to reimbursement from a marketing commission or marketing committee.
Sec. 11. Section 3-419, Arizona Revised Statutes, is amended to read:
3-419. Deposit of assessments; use on termination
A. Monies collected pursuant to sections 3‑417 and 3‑424 this article shall be deposited in the marketing commission's or marketing committee's accounts to be administered and disbursed by the commission or committee for the purposes prescribed in this article. Monies collected pursuant to a marketing order or marketing agreement may not be used for any purpose other than the order or agreement.
B. The monies in a marketing commission or marketing committee account may be invested pursuant to section 35‑313. Interest earned on these monies shall be credited to the marketing commission or marketing committee account.
C. If monies are unexpended at the end of a fiscal period, the marketing commission or marketing committee shall carry the monies forward to the next fiscal period.
D. If the marketing order or marketing agreement is terminated and the expenses are paid, monies shall be returned to the affected persons pro rata unless the amounts are too small to be practicable or may be expended by the marketing commission or marketing committee on any program consistent with the marketing order or marketing agreement.
E. No specific legislative appropriation is necessary to operate a marketing commission or marketing committee.
Sec. 12. Section 3-422, Arizona Revised Statutes, is amended to read:
3-422. Records and reports
A. The department may require affected persons to maintain records about their operation and furnish the records on request to the marketing commission, marketing committee or department to ensure compliance with a marketing order or marketing agreement.
B. The marketing commission, marketing committee or hearing officer may hold a hearing in which persons may be required to testify under oath.
C. All information concerning the businesses of individual producers and shippers, including cartons or equivalent marketed, and the dollar value of gross annual sales is not a public record and shall not be disclosed except by court order or to a person who presents a release signed by the producer or shipper, except that inspection records may be disclosed in a court or administrative proceeding for the purpose of enforcing an order or agreement.
D. All results of elections for a marketing order, marketing agreements, contracts entered into by a marketing commission or marketing committee and annual reports are public records.
Sec. 13. Section 3-424, Arizona Revised Statutes, is amended to read:
3-424. Initiation of the marketing agreement process; contents
A. Two or more persons who produce or ship the affected commodity shall file an application with the assistant director together with a filing fee of five hundred dollars to cover the costs of the public meeting. If the public meeting costs less than five hundred dollars, the difference shall be refunded to the applicants. The application shall state:
1. The affected commodity to be regulated by the marketing agreement.
2. A description of the territory of this state to be regulated by the marketing agreement.
3. The category of persons to be regulated by the marketing agreement.
4. A draft of the proposed marketing agreement.
5. Any other relevant information.
B. A marketing agreement shall:
1. Describe the territory of this state to be regulated by the marketing agreement and the persons to be regulated by the marketing agreement.
2. State the type of marketing agreement program.
3. Specify the number of marketing committee members if a marketing committee is to be established.
4. Provide for the rate of assessments in amounts sufficient to cover all expenses of the marketing agreement if assessments are required and specify a method of collecting assessments.
5. State whether the marketing agreement applies to producers or shippers, or both. If the marketing agreement applies to shippers only, shippers shall pay any assessments owing and shall not charge producers any assessments for the marketing agreement. If the marketing agreement applies to both producers and shippers, the shippers shall not charge producers any assessments that the shipper is required to pay pursuant to the marketing agreement.
6. Apply uniformly to all persons of the same category.
7. State whether the costs of the filing fee will be reimbursed by any assessments received pursuant to the marketing agreement.
8. State the amount of time an inspector may hold a lot found to be in violation of the marketing agreement and specify the time period allowed to recondition the product pursuant to section 3‑420.
C. The marketing agreement may apply to more than one commodity and may state any other relevant information.
Sec. 14. Section 3-425, Arizona Revised Statutes, is amended to read:
3-425. Public meeting; notice; findings
A. At least five days but not more than twenty days after the application is filed with the department, the assistant director, or his the director's designee, shall hold a public meeting. A notice shall be sent to all persons that may be affected by the proposed marketing agreement that states the time, date and place of the public hearing meeting and that the department will receive evidence and testimony concerning the proposed marketing agreement. An official department list of affected persons does not have to be prepared.
B. At the public meeting, the assistant director, or his the director's designee, shall receive evidence and testimony concerning the proposed marketing agreement. The assistant director may hold more than one hearing meeting if the affected commodity is grown in more than one area of this state.
C. The assistant director shall approve the marketing agreement if he director finds:
1. The same marketing agreement or marketing order program is not in effect for the affected commodity in the territory described by the proposed marketing agreement.
2. The marketing agreement complies with this article.
3. The signatories of the marketing agreement have sufficient monies to defray expenses of formation, administration and enforcement of the marketing agreement.
4. The marketing agreement is signed by all participants.
Sec. 15. Section 3-428, Arizona Revised Statutes, is amended to read:
3-428. Approval of a marketing agreement; amendments; term
A. A marketing agreement applies only to producers and shippers who sign the marketing agreement and is effective on the approval of the assistant director. Additional signatories may be added with the approval of the assistant director. If signatories withdraw, the assistant director may review and terminate the marketing agreement if not enough signatories remain to defray expenses of the marketing agreement.
B. A marketing agreement may be amended at any time with the approval of the assistant director and all of the signatories. If a signatory fails to vote on a proposed amendment within thirty days after notice of the proposed amendment, the signatory is deemed to have approved the amendment.
C. A marketing agreement is binding on signatories for a period specified in the marketing agreement, but not longer than twelve months. The marketing agreement may be renewed for an additional three terms without the requirement of a public meeting provided in section 3‑425.
D. If a marketing agreement remains effective for a fourth term, the department must hold a public meeting pursuant to section 3-425 during that term. The proposed marketing agreement may amend the current agreement. If the marketing agreement is reapproved, the new term begins on the expiration of the existing term.
Sec. 16. Title 3, chapter 3, article 1, Arizona Revised Statutes, is amended by adding section 3-430, to read:
3-430. Transfer of property on termination
All property, except monies, of a terminated commission or committee shall be transferred to the department. The department may use or convey the property for the benefit of another commission or committee or may dispose of the property at the director's discretion.
Sec. 17. Section 41-1005, Arizona Revised Statutes, is amended to read:
41-1005. Exemptions
A. This chapter does not apply to any:
1. Rule that relates to the use of public works, including streets and highways, under the jurisdiction of an agency if the effect of the order is indicated to the public by means of signs or signals.
2. Order of the Arizona game and fish commission that opens, closes or alters seasons or establishes bag or possession limits for wildlife.
3. Rule relating to section 28‑641 or to any rule regulating motor vehicle operation that relates to speed, parking, standing, stopping or passing enacted pursuant to title 28, chapter 3.
4. Rule concerning only the internal management of an agency that does not directly and substantially affect the procedural or substantive rights or duties of any segment of the public.
5. Rule that only establishes specific prices to be charged for particular goods or services sold by an agency.
6. Rule concerning only the physical servicing, maintenance or care of agency owned or operated facilities or property.
7. Rule or substantive policy statement concerning inmates or committed youth youths of a correctional or detention facility in secure custody or patients admitted to a hospital, if made by the state department of corrections, the department of juvenile corrections, the board of executive clemency or the department of health services or a facility or hospital under the jurisdiction of the state department of corrections, the department of juvenile corrections or the department of health services.
8. Form whose contents or substantive requirements are prescribed by rule or statute, and instructions for the execution or use of the form.
9. Capped fee‑for‑service schedule adopted by the Arizona health care cost containment system administration pursuant to title 36, chapter 29.
10. Fees prescribed by section 6‑125.
11. Order of the director of water resources adopting or modifying a management plan pursuant to title 45, chapter 2, article 9.
12. Fees established under section 3‑1086.
13. Fee‑for‑service schedule adopted by the department of economic security pursuant to section 8‑512.
14. Fees established under sections 41‑2144 and 41‑2189.
15. Rule or other matter relating to agency contracts.
16. Fees established under section 32‑2067 or 32‑2132.
17. Rules made pursuant to section 5‑111, subsection A.
18. Rules made by the Arizona state parks board concerning the operation of the Tonto natural bridge state park, the facilities located in the Tonto natural bridge state park and the entrance fees to the Tonto natural bridge state park.
19. Fees or charges established under section 41‑511.05.
20. Emergency medical services protocols except as provided in section 36‑2205, subsection C.
21. Fee schedules established pursuant to section 36‑3409.
22. Procedures of the state transportation board as prescribed in section 28‑7048.
23. Rules made by the state department of corrections.
24. Fees prescribed pursuant to section 32‑1527.
25. Rules made by the department of economic security pursuant to section 46‑805.
26. Schedule of fees prescribed by section 23‑908.
27. Procedure that is established pursuant to title 23, chapter 6, article 5 or 6.
28. Rules made by a marketing commission or marketing committee pursuant to section 3-414.
B. Notwithstanding subsection A, paragraph 23 22 of this section, at such time as the federal highway administration authorizes the privatization of rest areas, the state transportation board shall make rules governing the lease or license by the department of transportation to a private entity for the purposes of privatization of a rest area.
C. Coincident with the making of a rule pursuant to an exemption under this section, the agency shall file a copy of the rule with the secretary of state for publication pursuant to section 41‑1012.
D. Unless otherwise required by law, articles 2, 3, 4 and 5 of this chapter do not apply to the Arizona board of regents and the institutions under its jurisdiction, except that the Arizona board of regents shall make policies or rules for the board and the institutions under its jurisdiction that provide, as appropriate under the circumstances, for notice of and opportunity for comment on the policies or rules proposed.
E. Unless otherwise required by law, articles 2, 3, 4 and 5 of this chapter do not apply to the Arizona state schools for the deaf and the blind, except that the board of directors of all the state schools for the deaf and the blind shall adopt policies for the board and the schools under its jurisdiction that provide, as appropriate under the circumstances, for notice of and opportunity for comment on the policies proposed for adoption.
F. Unless otherwise required by law, articles 2, 3, 4 and 5 of this chapter do not apply to the state board of education, except that the state board of education shall adopt policies or rules for the board and the institutions under its jurisdiction that provide, as appropriate under the circumstances, for notice of and opportunity for comment on the policies or rules proposed for adoption. In order to implement or change any rule, the state board of education shall provide at least two opportunities for public comment.