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Recodification Notice

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Refer to the Arizona Rulemaking Manual.

A recodification is a maintenance function to move and renumber a rule from one Chapter to a different or new Chapter.

When an agency recodifys a rule it shall include the full text of the rule. An agency shall not make substantive changes other than update Section references or references to Arizona Revised Statutes unless otherwise provided in law. The agency shall list the old Section number from an existing Chapter to a new Section number which will be published in a new or existing Chapter.

An agency shall state the reason for the recodification and provide the agency's authority to perform this action. These include an agency's authorizing statute and implementing statute; or specific legislation requesting that an agency recodify rules.

The most common type of specific legislation is when an agency is abolished or terminated under sunset law and another agency is given the authority to maintain the responsibilities of the former agency and its existing rules. Sometimes the legislation provides for limited amendments to a recodified rule, such as updating an agency or program name; and updating Arizona Revised Statute references. This authority often provides for an agency exemption to promulgate a recodified rule in a Notice of Exempt Rulemaking until the agency has the opportunity to amend, repeal, or renumber the rule under the regular rulemaking process.

Historical notes remain in the Chapter in which the rule originated.

Notice of Recodification

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

An agency regulated to move, by renumbering an existing Section from one A.A.C. Chapter to another A.A.C. Chapter, shall file this notice for publication in the Register.

The 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.