Arizona Administrative Code Title 1 - RULES AND THE RULEMAKING PROCESS
Here’s an enhanced overview of Arizona Administrative Code Title 1 – RULES AND THE RULEMAKING PROCESS, which governs how state agencies create and manage rules:
📚 Overview of Title 1
Purpose: Sets out the formal process by which Arizona state agencies propose, review, publish, and enact administrative rules—ensuring transparency, public participation, and legal compliance (law.cornell.edu).
Organization:
Chapter 1 – Secretary of State – Rules and Rulemaking: Contains Articles 1–10 detailing definitions, drafting standards, notices, expedited and exempt processes, recodification, etc. (law.cornell.edu).
Chapters 2–5: Mostly repealed or reserved for future use .
Chapter 6 – Governor’s Regulatory Review Council (GRRC): Includes Articles 1–8 outlining review, objection procedures, and council action summaries (law.cornell.edu).
🔧 Key Provisions in Chapter 1
1. Article 1 – General Provisions
Defines essential terms like “Agency,” “Rule,” “Register,” “Code,” “Emergency rule,” and more, consistent with the Arizona Revised Statutes (Title 41, Chapter 6) (apps.azsos.gov).
2. Article 2 – Arizona Administrative Register
Outlines the Register as the official daily publication for rulemaking notices, public comments, and rule filings.
3. Article 4 – Rule Drafting Style and Format
Specifies required drafting formats and compliance with the Arizona Rulemaking Manual; current up to March 21, 2025 (regulations.justia.com).
4. Article 8 – Expedited Rulemaking
Agencies may utilize an accelerated process under A.R.S. § 41‑1027 if specific criteria are met (e.g., emergency, minimal economic impact), with detailed notice and submission rules (apps.azsos.gov).
5. Article 9 – Exempt Rulemaking
Allows certain rules to bypass full APA processes under legal exemptions; still must be filed and published (agriculture.az.gov).
6. Article 10 – Recodification
Establishes procedures for renumbering or reorganizing rules within the Code (apps.azsos.gov).
7. Rule Effective Date
Standard effective date is 60 days post-filing with the Secretary of State, unless accelerated or delayed by agency or GRRC action (apps.azsos.gov).
🏛️ Governor’s Regulatory Review Council (Chapter 6)
Review Authority: GRRC examines proposed or final rules for compliance with statutory standards, handles petitions and objections, and issues summaries of its actions .
Summary Requirement: Under § R1‑1‑211, the Council must publish a summary of its review results in the Register — ensuring transparency (law.cornell.edu).
🛠️ How It All Works — Process Flow
Drafting & Notice: Agencies prepare rule language per Article 4 and file a Notice of Proposed Rulemaking.
Public Engagement: Publication in the Administrative Register, followed by public comment; oral hearings if requested.
Agency Action: Incorporate feedback, finalize rule, and file final rule for codification.
GRRC Review: Council may review, request modifications, or summarize approval.
Codification: Rule becomes part of the A.A.C., typically 60 days after filing unless adjusted.
🗓️ Code Maintenance & Updates
Quarterly Supplements update the Code (Jan–Mar, Apr–Jun, Jul–Sep, Oct–Dec).
Titles and Chapters are published and authenticated via official PDF signatures for legal integrity (azsos.gov, apps.azsos.gov, apps.azsos.gov, apps.azsos.gov).
✅ Summary
Title 1 outlines the full lifecycle of rulemaking—from drafting, public input, expedited or exempt processes, GRRC oversight, to final codification. It ensures rulemaking is consistent, transparent, and accessible.
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