Arizona Secretary of State


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Legal Notices

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Agency Ombudsman

Notice of Agency Ombudsman

Each state agency shall publish annually in the register, in the state directory and in a telephone directory for Maricopa county the name or names of those employees who are designated by the agency to assist members of the public or regulated community in seeking information or assistance from the agency.

This notice filing shall include:

Delegation Agreement Notification and Public Participation

Notice of Proposed Delegation Agreement

An agency that seeks to delegate functions, powers or duties shall prepare and file this notice with the Division for publication the Register. This notice includes a summary of the proposed delegation agreement.
Once published "an agency shall provide an opportunity for a public hearing if there is sufficient public interest" under A.R.S. § 41-1081(C).

This notice shall include:

Notice of Public Hearing on a Delegation Agreement

A public hearing on the delegation agreement shall not be held earlier than thirty days after the notice of its location and time is published in the Register. An agency shall determine a location and time for the public hearing that affords a reasonable opportunity for persons to participate. Per A.R.S. § 41-1081(D)

This notice filing shall include:

Notice of Written Summary to Public Comment on a Proposed Delegation Agreement

After the conclusion of the public comment period and hearing, if any, the agency shall prepare a written summary, responding to the comments received, whether oral or written. The agency shall consider the comments received from the public in determining whether to enter into the proposed delegation agreement. Per A.R.S. § 41-1081(E)

This notice filing shall include:

Notice of Final Delegation Agreement

The APA does not specifically regulate the legality of filing this notice.

Under consultation and approval from counsel or agency head, an agency may choose to prepare a Notice of Final Delegation Agreement and make it part of the permanent record. Many agencies have adopted this as a standard practice.

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 this notice. The Division has authority under the law to require consistency in notices and that they be filed under publishing standards.

If an agency chooses to file this notice and publicize the final delegation agreement in the Register, the Division strongly encourages an agency prepare its notice like a Notice of Proposed Delegation Agreement and change the heading to "Notice of Final Delegation Agreement."

Please include the effective date of the agreement and a citation to the Notice of Proposed Delegation Agreement published in the Register.

This notice filing shall include:

Guidance Document Notification

Notice of Agency Guidance Document

An agency shall prepare this notice and file it with the Division for publication in the Register to notify stakeholders of written guidelines (a guidance document) that gives broad advice on procedures instead of precise requirements and standards.

This notice filing shall include:


Policy Statement Notification

Notice of Substantive Policy Statement
An agency shall prepare and file this notice in the Division for publication the Register which includes the name and summary (not the full text) of an agency's policy statement.

This notice filing 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.