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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
rulemaking; expedited process; rule expiration
Purpose
Allows an agency seeking to expire a rule to file a notice of intent with the Governor's Regulatory Review Council (GRRC). Requires GRRC to consider the notice at the next scheduled meeting and provide notice of rule expiration to the agency, if approved by a quorum.
Background
In order to make, amend, renumber or repeal a rule, agencies must prepare a notice of proposed rulemaking, which must be published by the Secretary of State (SOS) in the Arizona Administrative Registry (A.R.S. § 41-1022). An agency must allow for at least 30 days of public comment to afford persons the opportunity to submit written statements or arguments on the proposed rulemaking. An agency must schedule an oral proceeding on the proposed rulemaking, if requested within the 30-day comment period (A.R.S. § 41-1023). After closing the record of proposed rulemaking, an agency must file the proposal with GRRC for approval. An agency may not file a final rule with the SOS without final approval from GRRC, unless certain criteria are met (A.R.S. §§ 41-1024 and 41-1052).
An agency may conduct expedited rulemaking if the rule meets certain statutory criteria, including amending or repealing rules that are: 1) obsolete; 2) authorized by statute that has been declared unconstitutional; or 3) outdated, redundant or no longer necessary for the operation of state government. An agency must deliver notice of proposed expedited rulemaking to the Governor, Legislature and GRRC and file the notice with the SOS for inclusion in the Arizona Administrative Registry. After allowing for 30 days of written comment, the agency must file the request with GRRC for approval (A.R.S. § 41-1027).
Any person can petition an agency to make, amend or repeal a final rule or review an existing agency practice or policy statement that the petitioner alleges constitutes a rule. If the agency rejects the petition, the petitioner can appeal to GRRC within 30 days. If requested by at least three members of GRRC, the chair must place the appeal on the next GRRC meeting agenda (A.R.S. § 41-1033).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows an agency that seeks to expire a rule or rules to file a notice of intent to expire with GRRC.
2. Requires the notice to describe the rule or rules to be expired and the reasons for expiration.
3. Requires GRRC to place the notice on the agenda for consideration at the next scheduled
House Action
GE 2/3/21 DP 13-0-0
3rd Read 2/11/21 60-0-0
Prepared by Senate Research
February 25, 2021
MH/gs