Arizona Secretary of State


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Expedited Rulemaking and Related Notices

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An agency may conduct expedited rulemaking if the rulemaking does not increase the cost of regulatory compliance, increase a fee or reduce procedural rights of persons regulated.

An agency determines this by meeting one or more of the requirements under A.R.S. § 41-1027(A)(1) through (8).

Intent to Promulgate an Expedited Rule

Docket Opening Notice

The APA does not specifically regulate the legality of preparing and filing this notice for a Notice of Proposed Expedited Rulemaking. Refer to A.R.S. § 41-1027 for additional information.

Some agencies have adopted the filing of this notice as a standard and acceptable practice; others have not. Consult your agency head or counsel.

Under consultation and approval from counsel or agency head, an agency may choose to announce its expedited rulemaking intentions by opening a docket and make it part of the permanent record.

As the Division is merely the publisher of notices as specified in the APA or other statutes, it does not have the legal authority to provide a template for for filing this notice.

If an agency chooses to open a docket and publicize it in the Register, the Division strongly encourages an agency prepare its notice similar to a regular Notice of Rulemaking Docket Opening and change the heading to "Notice of Docket Opening for a Proposed Expedited Rulemaking."

The notice filing shall include:

Proposed Expedited Rulemaking and Related Notices

Notice of Proposed Expedited Rulemaking

Per A.R.S. § 41-1027 after preparing this notice, B. An agency shall deliver a notice of proposed expedited rulemaking to the governor, the president of the senate, the speaker of the house of representatives, the committee and the council. The notice shall contain the name, address and telephone number of the agency contact person and the exact wording of the proposed expedited rulemaking and indicate how the proposed expedited rulemaking achieves the purpose prescribed in subsection A of this section. On delivery of the notice required in subsection B of this section, the agency shall file the notice of proposed expedited rulemaking with the secretary of state...

The rulemaking package filing shall include:

Notice of Objection to a Proposed Expedited Rulemaking

The notice filing shall include:

Supplemental Proposed Expedited Rulemaking and Related Notices

Notice of Supplemental Proposed Expedited Rulemaking

Per A.R.S. § 41-1027, an agency may not submit a final expedited rule to the council that is substantially different from the proposed rule contained in the notice of proposed expedited rulemaking.

The notice rulemaking package shall include:

Notice of Objection to a Supplemental Proposed Expedited Rulemaking

The notice filing shall include:

Terminating a Notice of Proposed Expedited Rulemaking or Notice of Supplemental Proposed Expedited Rulemaking

Notice of Termination of Expedited Rulemaking

Per A.R.S. § 41-1027(D), an agency may terminate an expedited rulemaking proceeding and commence a new rulemaking proceeding for the purpose of making a substantially different rule.

The notice filing shall include:

Final Expedited Rulemaking

Notice of Final Expedited Rulemaking

Per A.R.S. § 41-1027(G), On receipt of council approval, the agency shall file a notice of final expedited rulemaking and the council's certificate of approval with the secretary of state.

The notice rulemaking 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.