ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: GE DP 13-0-0-0

HB 2265: rulemaking; expedited process; rule expiration

Sponsor:  Representative Kavanagh, LD 23

House Engrossed

Overview

Allows an agency to file a Notice of Intent (notice) with the Governor's Regulatory Review Council (GRRC) if seeking to expire a rule or rules and outlines procedural requirements.

History

Arizona Administrative Procedure Act (APA)

The APA provides procedures for agency rulemaking and for appealing agency decisions. Specifically, Title 41, Chapter 6, Article 3 establishes the statutory requirements for agencies in regard to rulemaking authority. These requirements are designed to ensure adequate public participation in the rulemaking process.

A rule is an agency statement of general applicability that implements, interprets or prescribes law or policy, or describes the procedure or practice requirements of an agency. A rule includes prescribing fees or the amendment or repeal of a prior rule (A.R.S. § 41-1005).

GRRC

The purpose of GRRC is to review and approve or return rules, preambles, economic, small business and consumer impact statements. GRRC is composed of six members who are appointed by the Governor and one ex officio member representing the Director of the Arizona Department of Administration or the Assistant Director.

GRRC has final approval authority over all proposed administrative rules, unless the proposed rule is statutorily exempt. GRRC is required to review and approve or return a rule, preamble and economic, small business and consumer impact statement within 120 days of receipt (A.R.S. § 41-1052).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NotePermits an agency seeking to expire a rule or rules to file a notice with GRRC and describe the rule or rules to be expired and reasons for expiration. (Sec. 1)

2.   Requires GRRC to place the notice on the agenda for the next scheduled meeting for consideration. (Sec. 1)

3.   Stipulates that if the rule expiration is approved, GRRC must prepare a notice of rule expiration and provide it to the agency for filing with the Secretary of State. (Sec. 1)

4.   Makes a technical change. (Sec. 1)

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8.                     HB 2265

9.   Initials SJ/AG        Page 0 House Engrossed

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