Arizona Secretary of State


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Exempt Rulemaking and Related Notices Templates

All templates on this page are provided in Rich Text Format, known as rtf.

An agency shall determine which notice to download, prepare, and file based on requirements under its exemption to make (new Section), amend, renumber or repeal a rule.

An agency regulated under its exemption to just prepare a Notice of Exempt Rulemaking and file it without any additional rulemaking steps shall use the Notice of Exempt Rulemaking Template provided on this page.

Please note: If an agency is exempt from all of the provisions of the Arizona Administrative Procedure Act, it still is required under statute to follow the Division's filing, publishing, and Code codification scheme requirements.

Docket Opening Template

Notice of Exempt Rulemaking Docket Opening

An agency regulated under its exemption to open a docket opening shall prepare and file this notice for publication it in the Register. Consult your agency head or counsel.

The notice filing shall include:

Proposed Exempt Rulemakings and Related Notice Templates

Notice of Proposed Exempt Rulemaking

An agency regulated to propose to make (new Section) exempt rules, or amend, renumber, or repeal rules in a proposed exempt rulemaking for review, shall prepare and file this notice for publication in the Register.

An agency shall also use this notice if the exemption provides it present in this notice an oral proceeding or public meeting for public review and comment; or if the exemption requires the proposed exempt rule be published in a newspaper of general circulation; on a website; in the Register, or a combination of these.

An agency may determine it is advantageous to file and have this notice published in the Register even though not required to do so under its exemption.

The rulemaking notice package shall include:

Notice of Oral Proceeding on Proposed Exempt Rulemaking

An agency regulated to conduct an oral proceeding on a Notice of Proposed Exempt Rulemaking shall prepare and file this notice for publication in the Register.

An agency may determine it is advantageous to file and have this notice published in the Register even though not required to do so under its exemption.

The notice filing shall include:

Notice of Public Meeting on Proposed Exempt Rulemaking

An agency regulated to conduct a public meeting on a proposed exempt rulemaking shall prepare and file this notice for publication in the Register.

An agency may determine it is advantageous to file and have this notice published in the Register even though not required to do so under its exemption.

The notice filing shall include:

Supplemental Proposed Exempt Rulemaking Notice Template

Notice of Supplemental Proposed Exempt Rulemaking

An agency regulated to propose to make (new Section) exempt rules, or amend, renumber, or repeal rules in a supplemental proposed exempt rulemaking for review, shall prepare and file this notice for publication in the Register.

An agency shall also use this notice if the exemption provides it present in this notice an oral proceeding or public meeting for public review and comment; or if the exemption requires the proposed exempt rule be published in a newspaper of general circulation; on a website; in the Register, or a combination of these.

An agency may determine it is advantageous to file and have this notice published in the Register even though not required to do so under its exemption.

The rulemaking notice package shall include:

Termination of an Exempt Rulemaking Notice Template

Notice of Termination of Exempt Rulemaking

An agency regulated to terminate a proposed exempt rulemaking shall prepare and file this notice for publication in the Register.

The notice filing shall include:

Final Exempt Rulemaking Notice Template

Notice of Final Exempt Rulemaking

An agency regulated to make (new Section) exempt rules, or amend, renumber, or repeal rules under final exempt rulemaking shall prepare and file this notice for publication in the Register.

An agency shall use a Notice of Final Exempt Rulemaking if an oral proceeding was held on the proposed rule; or a proposed rule was published in a newspaper of general circulation; on a website; in the Register; or was presented at a meeting for public review and comment.

The rulemaking notice package shall include:

Exempt Rulemaking Notice Template

Notice of Exempt Rulemaking

An agency regulated to make (new Section) exempt rules, or amend, renumber, or repeal rules under an exemption from ALL requirements as provided in law shall prepare and file this notice for publication in the Register.

The rulemaking notice package shall include:

Rights to Comment or Petition an Agency, Board, Commission, or G.R.R.C. about Arizona Rules

Right to comment on a proposed rulemaking
A person may comment when an agency proposes to make, amend, or repeal a rule. Information on how to comment is provided in the Preamble of the Notice of Proposed Rulemaking published in the Register.

Under the law an agency may choose not to schedule an oral proceeding (speak in person, or web meeting) to accept formal (verbal) comments; however, a person may request that an agency conduct an oral proceeding on the proposed rule.

Information on how to request an oral proceeding is provided in the Preamble of the Notice of Proposed Rulemaking published in the Register.

Right to petition an agency - Administrative Procedure Act, A.R.S. Title 41
A.R.S. § 41-1033 ~ A person may petition (ask) an agency to make, amend, or repeal of a rule codified in the Arizona Administrative Code.

A person may also petition an agency to review an existing agency practice or substantive policy statement that the petitioner alleges to constitute a rule. For more information, contact the agency.

PETITION THE SECRETARY OF STATE
If you would like to petition the Department of State, Office of the Secretary of State about rules in 2 A.A.C. 12 or rules in 1 A.A.C. 1, simply submit in writing:
  • The rule Section number or numbers to consider to amend, repeal, or make;
  • State why you want the office to consider to make the change or a new rule. For example: A change in standards or procedures codified in rule. Cite any applicable studies to support your case:

    • Include:

  • Your first and last name;
  • Street address, city, state and zip code;
  • Telephone number; and
  • Email address, if applicable.

    • Mail to:
    Office of the Secretary of State
    1700 W. Washington St, FL 7
    Phoenix, AZ 85007
    Attention: Administrative Rules

    Right to petition the Governor's Regulatory Review Council A.R.S. § 41-1033 provides that a person may petition Governor's Regulatory Review Council (GRRC) to request a review of a final rule based on the person's belief that the final rule does not meet requirements prescribed in A.R.S. ยง 41-1030 or whether an existing agency practice or substantive policy statement constitutes a rule.

    Contact the Council at (602) 542-2058 for more information or visit the Governor's Regulatory Review Council's website.