Arizona administrative code

              Arizona Administrative Code
Title Index
September 30, 2005 Page 1 Supp. 05- 3
TITLE INDEX
Editor’s Note: This Title Index contains the Titles, Chapters, and Articles for all the rules contained in the Arizona Administrative
Code. At the bottom of each Chapter page are numbers that indicate the year and Code Supplement in which the rules last appeared. For
example, Supp. 03- 1 refers to the first supplement in 2003 ( January 1, 2003 through March 31, 2003). For the specific date a Section was
filed with the Office of the Secretary of State, refer to the Historical Note at the end of the Section.
TITLE 1. RULES AND THE RULEMAKING
PROCESS
Chapter
1. Secretary of State – Rules and Rulemaking
Article
1. General Provisions
2. The Arizona Administrative Register
3. The Arizona Administrative Code
4. Rule Drafting
5. Proposed Rulemaking
6. Final Rulemaking
7. Emergency Rulemaking
8. Summary Rulemaking
9. Exempt Rulemaking
10. Recodification
2. Repealed
3. Reserved
4. Reserved
5. Reserved
6. Governor’s Regulatory Review Council
Article
1. Rules of Procedure
2. Delegation Agreements
3. Agency Practice or Substantive Policy Statements
4. Appeals of Economic, Small Business, and Consumer
Impact Statements
TITLE 2. ADMINISTRATION
Chapter
1. Department of Administration
Article
1. Expired
2. Transferred
3. Emergency Expired
4. Emergency Telecommunication Services Revolving Fund
5. Expired
6. Adjusted Work Hours
7. Repealed
8. Reimbursement for Public or Private Transportation
9. Reimbursement for Vanpool Transportation
2. Arizona Commission on the Arts
Article
1. Matching Private Monies with Monies from the Arizona
Arts Endowment Fund
2. Grantmaking Procedures for Grants from the Arizona
Arts Trust Fund
3. Arizona State Library, Archives and Public Records
Article
1. Rulemaking
2. General Provisions
3. Access and Use of Materials
4. Protecting Minors from Harmful Materials on the Internet
5. State Documents Depository Program
6. Interlibrary Loan and State Grants- In- Aid
4. Board of Library Examiners
Article
1. General Provisions
5. Department of Administration – Personnel Adminis-tration
Article
1. General
2. Employment
3. Classification and Compensation
4. Benefits
5. Conditions of Employment
6. Repealed
7. Grievances
8. Disciplinary Actions
9. Separations
5.1. State Personnel Board
Article
1. General Provisions
6. Expired
Article
1. Expired
2. Expired
3. Expired
4. Expired
5. Expired
7. Department of Administration – Finance Division,
Purchasing Office
Article
1. General Provisions
2. Procurement Organization
3. Source Selection and Contract Formation
4. Specifications
5. Procurement of Construction and Specified Professional
Services
6. Contract Clauses
7. Cost Principles
8. Transferred
9. Legal and Contractual Remedies
10. Intergovernmental Procurement
8. State Retirement System Board
Article
1. Retirement System; Defined Benefit Plan
2. State Retirement Defined Contribution Program
3. Reserved
4. Practice and Procedure Before the Board
5. Purchasing Service Credit
9. Governing Committee for Tax Deferred Annuity and
Deferred Compensation Plans
Article
1. General Provisions
10. Department of Administration – Risk Management
Section
Article
1. Coverage and Claims Procedure
2. Loss Prevention
3. Purchase of Insurance/ Self- Insurance/ Contracts and
Insurance
4. Provider Indemnity Program ( PIP)
5. Environmental Losses
6. Computation of Interest on Appealed Judgments
Supp. 05- 3 Page 2 September 30, 2005
Arizona Administrative Code
Title Index
11. Department of Administration – Public Buildings
Maintenance
Article
1. General
2. Traffic and Parking
3. Solicitation
4. Special Events
5. Severability
12. Office of the Secretary of State
Article
1. Repealed
2. Repealed
3. Registration of Telemarketing Sellers
4. Repealed
5. Electronic Signatures
6. Electronic Voter Registration
7. Ballot Measure Publicity Pamphlet Argument Fees
8. Reserved
9. Reserved
10. Campaign Contributions and Expenses; Standing Politi-cal
Committees Section
11. Notary Public Bonds and Fees
12. Electronic Notary
13. State Board of Deposit
Article
1. General Provisions
14. Transferred
15. Department of Administration – Management Ser-vices
Division
Article
1. Reserved
2. Fleet Management
3. Materials Management
16. Office of the Ombudsman – Citizens’ Aide
Article
1. General Provisions
2. Handling Confidential Material
3. Receiving and Processing Complaints
4. Conducting Investigations
5. Actions after an Investigation
17. Water Quality Appeals Board
Article
1. Appeals
18. Government Information Technology Agency
Article
1. General Provisions
2. Information Technology Projects
3. Information Technology Planning
4. Appeals of Government Information Technology Agency
Decisions
19. Office of Administrative Hearings
Article
1. Prehearing and Hearing Procedures
20. Citizens Clean Elections Commission
Article
1. General Provisions
2. Compliance and Enforcement Procedures
3. Standard of Conduct for Commissioners and Employees
4. Reserved
5. Rulemaking
6. Ex Parte Communications
7. Audits and Repayments
TITLE 3. AGRICULTURE
Chapter
1. Department of Agriculture – Administration
Article
1. General Provisions
2. Practice and Procedure – Contested Cases and Appeal-able
Agency Actions
3. Public Participation in Rulemaking
2. Department of Agriculture – Animal Services
Division
Article
1. General Provisions
2. Meat and Poultry Inspection
3. Feeding of Animals
4. Animal Disease Prevention and Control
5. State- Federal Cooperative Disease Control Program
6. Health Requirements Governing Admission of Animals
7. Livestock Inspection
8. Dairy and Dairy Products Control
9. Egg and Egg Products Control
10. Aquaculture
11. Expired
3. Department of Agriculture – Environmental Services
Division
Article
1. General Provisions
2. Permits, Licenses and Certification
3. Pesticide Use, Sales and Equipment
4. Recordkeeping and Reporting
5. Nonexclusive Lists of Serious, Nonserious and De Mini-mis
Violations
6. Repealed
7. Pesticide
8. Fertilizer Materials
9. Commercial Feed
10. Agricultural Safety
11. Arizona Native Plants
4. Department of Agriculture – Plant Services Division
Article
1. General Provisions
2. Quarantine
3. Nursery Rules
4. Seeds
5. Colored Cotton
6. Recodified
7. Fruit and Vegetable Standardization
8. Citrus Fruit Standardization
9. Biotechnology
5. Department of Agriculture – State Agricultural
Laboratory
Article
1. Sampling and Laboratory Certification
6. Department of Agriculture – Office of Commodity
Development and Promotion
Article
1. Marketing
2. Joint- ventures
7. Reserved
8. Reserved
9. Department of Agriculture – Agricultural Councils
and Commissions
Article
1. Reserved
2. Arizona Grain Research and Promotion Council
3. Arizona Cotton Research and Protection Council
4. Expired
5. Arizona Citrus Research Council
Arizona Administrative Code
Title Index
September 30, 2005 Page 3 Supp. 05- 3
10. Reserved
11. Veterinary Medical Examining Board
Article
1. General Provisions
2. Application and Examination for Licensure
3. Temporary Permittees
4. Continuing Education Requirements
5. Standards of Practice
6. Veterinary Technicians
7. Veterinary Medical Premises and Equipment
8. Drug Dispensing
9. Investigations and Hearings
12. Arizona Exposition and State Fair Board
Article
1. Definitions
2. Game Descriptions and Standards
3. Concessionaires
13. Reserved
TITLE 4. PROFESSIONS AND OCCUPATIONS
Chapter
1. Board of Accountancy
Article
1. General
2. CPA Examination
3. Certification and Registration
4. Regulation
2. Agricultural Employment Relations Board
Article
1. General Provisions
2. Elections
3. Unfair Labor Practices
4. Hearings
3. State Boxing Commission
Article
1. Equipment
2. Weigh- in and Examination
3. Conduct of Contests
4. Administration
5. Expired
4. Recodified
5. Board of Barbers
1. General Provisions
2. Examination and Practitioner Licensing
3. Shops
4. Schools
5. Hearings
6. Board of Behavioral Health Examiners
Article
1. Definitions
2. General Provisions
3. Licensure
4. Social Work
5. Counseling
6. Marriage and Family Therapy
7. Substance Abuse Counseling
8. License Renewal and Continuing Education
9. Appeal of Licensure or License Renewal Ineligibility
10. Disciplinary Process for Unprofessional Conduct
11. Standards of Practice
7. Board of Chiropractic Examiners
Article
1. Board of Chiropractic Examiners
2. Committees
3. Hearings
4. Examinations
5. Licenses
6. Acupuncture Certification
7. Standards of Education
8. Continuing Education
9. Unprofessional Conduct
10. Preceptorship Training Program
11. Chiropractic Assistants
12. Restricted Permits
13. Charges
8. Acupuncture Board of Examiners
Article
1. General Provisions
2. Licensing and Certification Provisions
3. Training Programs and Continuing Education
4. Regulatory Provisions
5. Public Participation Procedures
9. Registrar of Contractors
Article
1. General Provisions
10. Board of Cosmetology
Article
1. General Provisions
2. Schools
3. Students
4. Salons
11. State Board of Dental Examiners
Article
1. Definitions
2. Licensure by Credential
3. Examinations, Licensing Qualifications, Application and
Renewal, Time- frames
4. Fees
5. Dentists
6. Dental Hygienists
7. Dental Assistants
8. Denturists
9. Restricted Permits
10. Dental Technicians
11. Advertising
12. Continuing Dental Education and Renewal Requirements
13. General Anesthesia and Sedation
14. Dispensing Drugs and Devices
15. Complaints, Investigations, Disciplinary Action
16. Mediation
17. Rehearing or Review
18. Business Entities
12. Board of Funeral Directors and Embalmers
Article
1. General Provisions
2. Licensing Provisions
3. Regulatory Provisions
4. Continuing Education
5. Prearranged Funeral Agreements
6. Crematory and Cremation Regulation
13. Recodified
14. Recodified
15. Recodified
16. Arizona Medical Board
Article
1. General Provisions
2. Licensure
3. Dispensing of Drugs
4. Medical Assistants
5. Executive Director Duties
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Arizona Administrative Code
Title Index
6. Disciplinary Actions
17. Arizona Regulatory Board of Physician Assistants
Article
1. General Provisions
2. Physician Assistant Certification
3. Scope of Practice
4. Regulation
18. Naturopathic Physicians Board of Medical Examin-ers
Article
1. General Provisions
2. Licenses; Specialist Certificates; Continuing Medical
Education; Renewal
3. Reserved
4. Approval of Schools of Naturopathic Medicine
5. Naturopathic Clinical Training and Preceptorship Train-ing
Program Requirements
6. Naturopathic Medical Assistants
7. Time- frames for Board Decisions
8. Experimental Medicine
19. Board of Nursing
Article
1. Definitions and Time- frames
2. Arizona Professional and Practical Nursing Programs
3. Licensure
4. Regulation
5. Advanced and Extended Nursing Practice
6. Practice and Procedure
7. Public Participation Procedures
8. Certified Nursing Assistants
20. Board of Dispensing Opticians
Article
1. General
21. Board of Optometry
Article
1. General Provisions
2. Licensing Provisions
3. Regulatory Provisions
4. Repealed
5. Executive Director Duties
22. Board of Osteopathic Examiners in Medicine and
Surgery
Article
1. General Provisions
23. Board of Pharmacy
Article
1. Administration
2. Pharmacist Licensure
3. Intern Training and Pharmacy Intern Preceptors
4. Professional Practices
5. Recodified
6. Permits and Distribution of Drugs
7. Non- pharmacy Licensed Outlets – General Provisions
8. Drug Classification
9. Penalties and Miscellaneous
10. Uniform Controlled Substances and Drug Offenses
11. Pharmacy Technicians
24. Board of Physical Therapy
Article
1. General Provisions
2. Licensing and Examination Provisions
3. Regulation of Physical Therapy
4. Continuing Competence
5. Public Participation Procedures
25. Board of Podiatry Examiners
Article
1. General Provisions
2. Examinations
3. Licenses
4. Rehearing or Review
5. Continuing Education
6. Dispensing Drugs and Devices
26. Board of Psychologist Examiners
Article
1. General Provisions
2. Licensure
3. Regulation
27. Recodified
28. State Real Estate Department
Article
1. General Provisions
2. Repealed
3. Licensure
4. Education
5. Advertising
6. Repealed
7. Compensation
8. Documents
9. Repealed
10. Repealed
11. Professional Conduct
12. Developments
Part A. Application for Public Report, Certificate of
Authority, or Special Order of Exemption
Part B. General Information
13. Administrative Procedures
14. Repealed
29. Structural Pest Control Board
Article
1. General and Administrative Provisions
2. Licensure, Qualification, Certification and Registration
3. Pesticide Usage
4. Termites and Other Wood- destroying Organisms
5. Hearings, Settlement Conferences, and Consent Orders
30. Board of Technical Registration
Article
1. General Provisions
2. Registration Provisions
3. Regulatory Provisions
31. Recodified
32. Repealed
33. Board of Examiners for Nursing Care Institution
Administrators and Assisted Living Facility Man-ager
Article
1. General
2. Nursing Care Institution Administrator Licensing
3. Administrator in Training Program
4. Assisted Living Facility Manager Certification
34. Board of Manufactured Housing
Article
1. General
2. Licensing
3. Sales Transactions and Trust or Escrow Accounts
4. Surety Bonds
5. Fees
6. Manufacturing, Construction, and Inspection
7. Plan Approvals
8. Permits and Installations
9. Repealed
Arizona Administrative Code
Title Index
September 30, 2005 Page 5 Supp. 05- 3
10. Administrative Procedures
11. Renumbered
35. Arizona Health Facilities Authority
Article
1. General Provisions
2. Board of Directors
3. Officers
4. Resignations and Vacancies
5. Other Matters
6. Applications for, and Issuance of, Bonds
36. Department of Building and Fire Safety
Article
1. Reserved
2. State Fire Safety Committee
3. Repealed
37. Recodified
38. Board of Homeopathic Medical Examiners
Article
1. General
2. Dispensing of Drugs by Homeopathic Physicians
3. Education, Supervision, and Delegation Standards For
Registration of Medical Assistants By Homeopathic
Physicians
4. Application and Renewal Process; Time- frames
39. Board for Private Postsecondary Education
Article
1. Definitions, Licensure, Reporting
2. Fees
3. Operation of Private Non- accredited Institutions
4. Operation of All Licensed Institutions
5. Investigations and Hearing Procedures
6. Student Tuition Recovery Fund
40. Department of Veterans’ Services - Arizona State
Veteran Home
Article
1. Definitions
2. General Provisions
3. Application and Admission Process
4. Repealed
5. Resident Support
6. Resident Responsibilities and Conduct
7. Involuntary Resident Discharge
8. Resident Trust Fund
9. Appeal Process
41. Recodified
42. Board of Directors of Joint Underwriting Plan for
Nurse- midwives, Licensed and Certified ( no rules
filed)
43. Board of Occupational Therapy Examiners
Article
1. General Provisions
2. Licensing and Certification
3. Hearings and Disciplinary Proceedings
4. Standards of Practice
5. Course Approval
6. Property Tax Agents
44. Auditor General
Article
1. Suspension and Debarment of Contractors Providing
School District Audit Services; Disapproval of Contracts
45. Board of Respiratory Care Examiners
Article
1. General Provisions
2. Licensure
3. Hearings
46. Board of Appraisal
Article
1. General Provisions
2. Licensing and Certification
3. Hearings and Disciplinary Proceedings
4. Standards of Practice
5. Course Approval
6. Property Tax Agents
47. Recodified
48. Arizona Uniform Plumbing Code Commission
Article
1. Arizona Uniform Plumbing Code
49. Board of Athletic Training
Article
1. General Provisions
2. Licensure
3. Hearings
4. Athletic Training Practice
TITLE 5. CORRECTIONS
Chapter
1. Department of Corrections
Article
1. Repealed
2. Repealed
3. Repealed
4. Repealed
5. Repealed
6. Repealed
7. Repealed
8. Repealed
9. Repealed
10. Renumbered
11. Renumbered
12. Emergency expired
13. Renumbered
14. Renumbered
15. Renumbered
2. Department of Corrections Interstate Parole Com-pact
( no rules filed)
3. Department of Corrections, State Compact of Juve-niles
( no rules filed)
4. Board of Executive Clemency
Article
1. General Provisions
2. Executive Clemency Actions
3. Revocation
4. Repealed
5. Repealed
6. Repealed
7. Repealed
8. Repealed
TITLE 6. ECONOMIC SECURITY
Chapter
1. Department of Economic Security
Article
1. Public Participation in Rulemaking
2. Debt Setoff
3. Expired
4. Fingerprinting
5. Civil Rights
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Arizona Administrative Code
Title Index
2. Department of Economic Security – Employment
and Training
Article
1. General Provisions
2. Employment Services Provided by the Department
3. Repealed
4. Other Employment Services and Programs
5. Reserved
6. Repealed
3. Department of Economic Security – Unemployment
Insurance
Article
1. Recodified
2. Recodified
3. Recodified
4. Repealed
5. Repealed
6. Recodified
7. Recodified
8. Recodified
9. Recodified
10. Repealed
11. Repealed
12. Recodified
13. Definitions
14. Administration and Enforcement
15. Decisions, Hearings, and Orders
16. Funds
17. Contributions
18. Benefits
19. Recodified
20. Recodified
21. Recodified
22. Recodified
23. Recodified
24. Recodified
25. Repealed
26. Repealed
27. Repealed
28. Reserved
29. Reserved
30. Reserved
31. Reserved
32. Reserved
33. Reserved
34. Reserved
35. Repealed
36. Repealed
37. Repealed
38. Repealed
39. Repealed
40. Repealed
41. Repealed
42. Reserved
43. Reserved
44. Reserved
45. Reserved
46. Reserved
47. Reserved
48. Reserved
49. Reserved
50. Voluntary Leaving Benefit Policy
51. Discharge Benefit Policy
52. Able and Available Benefit Policy
53. Refusal of Work Benefit Policy
54. Benefit Claims, Computation, Extension, and Over-payment
55. Total and Partial Unemployment Benefit Policy
56. Labor Dispute Benefit Policy
57. Reserved
58. Reserved
59. Reserved
60. Repealed
61. Repealed
62. Repealed
63. Repealed
64. Repealed
65. Repealed
66. Repealed
4. Department of Economic Security – Rehabilitation
Services
Article
1. State Agency Administration
2. Provision of Services to Individuals
3. Business Enterprise Program
4. Other Rules and Provisions that Relate to Providing Ser-vices
to Individuals
5. Reserved
6. Sight Conservation Program
7. Expired
8. Expired
5. Department of Economic Security – Social Services
Article
1. Repealed
2. Repealed
3. Repealed
4. Repealed
5. Repealed
6. Repealed
7. Repealed
8. Repealed
9. Repealed
10. Repealed
11. Repealed
12. Repealed
13. Repealed
14. Repealed
15. Repealed
16. Reserved
17. Repealed
18. Repealed
19. Repealed
20. Repealed
21. Repealed
22. Repealed
23. Repealed
24. Appeals and Hearings
25. Repealed
26. Repealed
27. Repealed
28. Repealed
29. Repealed
30. Repealed
31. Repealed
32. Repealed
33. Reserved
34. Reserved
35. Reserved
36. Reserved
37. Reserved
38. Reserved
Arizona Administrative Code
Title Index
September 30, 2005 Page 7 Supp. 05- 3
39. Reserved
40. Reserved
41. Reserved
42. Reserved
43. Reserved
44. Reserved
45. Reserved
46. Reserved
47. Reserved
48. Reserved
49. Child Care Assistance
50. Child Care Resource and Referral System
51. Expired
52. Certification and Supervision of Family Child Care
Home Providers
53. Repealed
54. Repealed
55. Child Protective Services
56. Confidentiality and Release of CPS Records
57. Repealed
58. Family Foster Parent Licensing Requirements
59. Group Foster Home Licensing Standards
60. Comprehensive Medical/ Dental Program for Foster Chil-dren
61. Repealed
62. Repealed
63. Repealed
64. Repealed
65. Department Adoption Functions and Procedures for Pro-viding
Adoption Services
66. Adoption Services
67. Adoptive Subsidy
68. Repealed
69. Child Placing Agency Licensing Standards
70. Adoption Agency Licensing
71. Repealed
72. Repealed
73. Repealed & Renumbered
74. Licensing Process and Licensing Requirements for Child
Welfare Agencies Operating Residential Group Care
Facilities and Outdoor Experience Programs
75. Appeal and Hearing Procedures for Adverse Action
Against Family Foster Homes, Adoption Agencies, Fam-ily
Child Care Home Providers, and Persons Listed on the
Child Care Resource and Referral System
76. Repealed
77. Repealed
78. Repealed
79. Repealed
80. Interstate Compact on the Placement of Children
81. Repealed
82. Repealed
83. Repealed
84. Repealed
85. Repealed
86. Repealed
87. Repealed
88. Repealed
89. Reserved
90. Reserved
91. Repealed
92. Repealed
93. Repealed
94. Repealed
95. Repealed
96. Repealed
97. Repealed
98. Repealed
99. Repealed
100. Repealed
101. Repealed
102. Repealed
103. Repealed
104. Repealed
105. Repealed
106. Repealed
107. Repealed
108. Repealed
109. Repealed
110. Repealed
6. Department of Economic Security – Developmental
Disabilities
Article
1. General Provisions
2. Repealed
3. Eligibility for Developmental Disabilities Services
4. Application
5. Admission/ Redetermination/ Termination
6. Program Services
7. Licensure of Community Residential Settings
8. Programmatic Standards and Contract Monitoring for
Community Residential Settings
9. Managing Inappropriate Behaviors
10. Child Developmental Foster Home License
11. Adult Developmental Home License
12. Cost of Care Portion
13. Coordination of Benefits; Third- Party Payments
14. Guardianship and Conservatorship
15. Standards for Certification of Home and Community-based
Service ( HCBS) Providers
16. Abuse and Neglect
17. Human Rights Committees
18. Administrative Review
19. Recodified
20. Contracts
21. Division Procurement and Rate Setting – Qualified Ven-dors
22. Appeals and Hearings
7. Department of Economic Security – Child Support
Enforcement
Article
1. Reserved
2. Reserved
3. Reserved
4. Reserved
5. Reserved
6. Reserved
7. Reserved
8. Administrative Review
8. Department of Economic Security – Aging and Adult
Administration
Article
1. Grievances and Hearings
2. Adult Protective Services
9. Reserved
10. Department of Economic Security – The JOBS Pro-gram
Article
1. JOBS: General Provisions
2. Repealed
3. Grievance Procedures
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Arizona Administrative Code
Title Index
11. Department of Economic Security – Job Training
Partnership Act ( JTPA)
Article
1. General Provisions
2. JTPA Appeal Process
12. Department of Economic Security – Cash Assistance
Program
Article
1. General Provisions
2. Application Process and Procedures
3. Non- financial Eligibility Criteria
4. Financial Eligibility; Resources
5. Financial Eligibility; Income
6. Special AFDC Circumstances
7. Determining Eligibility and Benefit Payment Amount
8. Payments
9. Changes; Adverse Action
10. Appeals
11. Overpayments
12. Intentional Program Violation
13. JOBSTART
13. Department of Economic Security – State Assistance
Programs
Article
1. Reserved
2. Application and Continued Eligibility
3. Methods of Eligibility Determination and Budget Proce-dures
4. Reserved
5. Reserved
6. Supplemental Payments Program
7. Repealed
8. Short- term Crisis Services
9. Tuberculosis Control
10. Reserved
11. Reserved
12. Other Procedures and Services
14. Department of Economic Security – Food Stamps
Program
Article
1. Food Stamps – General Information and Provisions
2. Expired
3. Expired
4. Expired
5. Expired
6. Expired
15. Expired
16. Arizona Fingerprint Imaging Project ( Reserved)
17. Department of Economic Security – General Assis-tance
Program
Article
1. General Assistance Program; Purpose and Definitions
2. Individuals Who May Qualify for Assistance
3. Requesting Benefits
4. Non- financial Eligibility Determination
5. Treatment of Resources and Income
6. Determining Income Eligibility and a Cash Benefit
Amount
7. Benefit Payments
8. Maintaining Benefits
9. Appeals and Hearings
18. Department of Economic Security – Licensing and
Certification
Article
1. Definitions
2. Reserved
3. Reserved
4. Reserved
5. Reserved
6. Reserved
7. Life- Safety Inspection
TITLE 7. EDUCATION
Chapter
1. Expired
2. State Board of Education
Article
1. State Board of Education Meetings
2. State Board of Education Committees
3. Curriculum Requirements and Special Programs
4. Special Education
5. Career and Vocational Education
6. Certification
7. Repealed
8. Compliance
9. School District Budget and Accounting
10. School District Procurement
11. School District Procurement – Continued
12. Repealed
13. Conduct
14. Charter Schools
3. Commission for Postsecondary Education
Article
1. Rulemaking
2. Adjudications
3. Arizona Leveraging Educational Assistance Partnership
Program
4. Arizona Private Postsecondary Education Student Finan-cial
Assistance Program
5. Arizona Family College Savings Program
4. Arizona Board of Regents
Article
1. Code of Conduct
5. State Board for Charter Schools
Article
1. General Provisions
2. New Charters
3. Reserved
4. Amendment to a Charter
6. School Facilities Board
Article
1. Definitions
2. Minimum School Facility Guidelines
3. Square Footage Calculations
4. Expired
5. New School and Land Funding
6. Contingency Funds
7. Minimum School Facility Guidelines for the Arizona
State Schools for the Deaf and Blind
8. Repealed
9. Repealed
10. Repealed
11. Repealed
12. Repealed
13. Repealed
14. Repealed
15. Repealed
16. Repealed
TITLE 8. EMERGENCY AND MILITARY AFFAIRS
Chapter
Arizona Administrative Code
Title Index
September 30, 2005 Page 9 Supp. 05- 3
1. Reserved
2. Department of Emergency and Military Affairs –
Division of Emergency Management
Article
1. Search or Rescue
2. Repealed
3. Governor’s Emergency Fund
4. Repealed
5. Emergency Expired
6. Hazardous Materials Training Program, Student and
Instructor Evidence of Completion
3. Department of Emergency and Military Affairs –
Division of Military Affairs
Article
1. Repealed
2. Ranges and Training Sites
TITLE 9. HEALTH SERVICES
Chapter
1. Department of Health Services – Administration
Article
1. Rules of Practice and Procedure
2. Public Participation in Rulemaking
3. Disclosure of Medical Records
4. Codes and Standards Referenced
2. Department of Health Services – Tobacco Tax
Funded Programs
Article
1. Sliding- fee Schedule
2. Expired
3. Expired
4. Expired
5. Reserved
6. Reserved
7. Repealed
3. Department of Health Services – Child Care Group
Homes
Article
1. General
2. Certification
3. Administration
4. Program and Equipment Standards
5. Physical Environment Standards
4. Department of Health Services – Noncommunicable
Diseases
Article
1. Definitions
2. Pesticide Illness
3. Blood Lead Levels
4. Cancer Registry
5. Birth Defects Monitoring Program
5. Department of Health Services – Child Care
Facilities
Article
1. General
2. Facility Licensure
3. Facility Administration
4. Facility Staff
5. Facility Program and Equipment
6. Physical Plant of a Facility
7. Repealed
8. Repealed
9. Repealed
10. Repealed
6. Department of Health Services – Communicable
Diseases and Infestations
Article
1. General
2. Communicable Disease and Infestation Reporting
3. Control Measures for Communicable Diseases and
Infestations
4. AIDS Drug Assistance Program ( ADAP)
5. Rabies Control
6. Tuberculosis Control
7. Vaccine- Preventable Diseases
8. Assaults on Officers, Firefighters, or Emergency
Medical Technicians
9. HIV- Related Testing
7. Department of Health Services – Children’s Rehabil-itative
Services
Article
1. Definitions
2. Eligibility
3. Referral; Enrollment; Application; Redetermination;
Termination
4. Covered Medical Services
5. Covered Support Services
6. Member Payment
7. Member Appeals
8. Department of Health Services – Food, Recreational,
and Institutional Sanitation
Article
1. Food and Drink
2. Bottled Water
3. Public Toilet Facilities
4. Children’s Camps
5. Trailer Coach Parks
6. Camp Grounds
7. Schools
8. Public and Semipublic Swimming Pools and Bathing
Places
9. Expired
10. Renumbered
11. Repealed
12. Renumbered
13. Hotels, Motels, and Tourist Courts
14. Repealed
15. Repealed
16. Repealed
17. Renumbered
18. Renumbered
19. Emergency Expired
9. Department of Health Services – Health Care
Institutions: Establishment; Modification
Article
1. Repealed
2. Expired
3. Expired
10. Department of Health Services – Health Care
Institutions: Licensing
Article
1. General
2. Hospitals
3. Repealed
4. Repealed
5. Adult Day Health Care Facilities
6. Repealed
7. Assisted Living Facilities
8. Hospices; Hospice Inpatient Facilities
Supp. 05- 3 Page 10 September 30, 2005
Arizona Administrative Code
Title Index
9. Nursing Care Institutions
10. Repealed
11. Home Health Agencies
12. Repealed
13. Repealed
14. Recovery Care Centers
15. Abortion Clinics
16. Reserved
17. Outpatient Surgical Center
11. Department of Health Services – Health Care
Institutions: Rates and Charges
Article
1. General
2. Uniform Accounting System
3. Hospital Discharge Reporting for Inpatients
4. Outpatient Services Reporting
12. Repealed
Article
1. Repealed
13. Department of Health Services – Health Programs
Services
Article
1. Hearing Screening
2. Repealed
3. Repealed
4. Repealed
5. Repealed
6. Repealed
7. Repealed
8. Repealed
9. Repealed
10. Ambulance Service Licensure
11. Ambulance Registration Certificate
12. Miscellaneous
13. Repealed
14. Repealed
15. Recodified
14. Department of Health Services – Laboratories
Article
1. Expired
2. Expired
3. Laboratory Tests
4. Determination of Alcohol Concentration
5. Tests for Endocrine Disorders, Metabolic Disorders, and
Hemoglobinopathies
6. Licensing of Environmental Laboratories
7. Health Screening Services
15. Department of Health Services – Loan Repayment
Article
1. General
2. Primary Care Provider Loan Repayment Program
3. Rural Private Primary Care Provider Loan Repayment
Program
16. Department of Health Services – Occupational
Licensing
Article
1. Licensing of Midwifery
2. Licensing Audiologists and Speech- Language
Pathologists
3. Licensing Hearing Aid Dispensers
4. Registration of Sanitarians
17. Department of Health Services – Pure Food Control
Article
1. Reserved
2. Food Standards
3. Repealed
18. Department of Health Services – Local Health
Department Services
Article
1. Per Capita Matching Funds
19. Department of Health Services – Vital Records and
Statistics
Article
1. Administrative Organization, Duties and Procedures
2. Duties Regarding Live Births
3. Duties of Persons Responsible for Death Records; Post-mortem
Procedures
4. Access to Records; Copies; Fees
20. Department of Health Services – Behavioral Health
Service Agencies: Licensure
Article
1. General
2. Universal Rules
3. Outpatient Clinic Requirements
4. Residential Agency Requirements
5. Inpatient Treatment Program Requirements
6. Use of Restraint or Seclusion
7. Level 1 Specialized Transitional Agency
8. Court- Ordered Services
9. DUI Services
10. Opioid Treatment
11. Misdemeanor Domestic Violence Offender Treatment
12. Level 4 Transitional Agency
13. Shelter for Victims of Domestic Violence
14. Rural Substance Abuse Transitional Agency
15. Adult Therapeutic Foster Home
16. Repealed
17. Repealed
18. Repealed
19. Repealed
Part
A. Repealed
B. Repealed
21. Department of Health Services – Behavioral Health
Services for Persons with Serious Mental Illness
Article
1. General Provisions
2. Rights of Persons with Serious Mental Illness
3. Individual Service Planning for Behavioral Health Ser-vices
for Persons with Serious Mental Illness
4. Appeals, Grievances, and Requests for Investigation for
Persons with Serious Mental Illness
5. Court- ordered Evaluation and Treatment
22. Arizona Health Care Cost Containment System –
Administration
Article
1. Definitions
2. Scope of Services
3. Repealed
4. Repealed
5. General Provisions and Standards
6. RFP and Contract Process
7. Standards for Payments
8. Repealed
9. Quality Control
10. First- and Third- party Liability and Recoveries
11. Civil Monetary Penalties and Assessments
12. Behavioral Health Services
13. Repealed
14. AHCCCS Medical Coverage for Families and Individuals
Arizona Administrative Code
Title Index
September 30, 2005 Page 11 Supp. 05- 3
15. AHCCCS Medical Coverage for People who are Aged,
Blind, or Disabled
16. Repealed
17. Enrollment
18. Reserved
19. Freedom to Work
20. Breast and Cervical Cancer Treatment Program
21. Trauma and Emergency Services Fund
23. Department of Health Services – Oral Health
Article
1. General Provisions
2. Standards for the Provision of Oral Health Services
3. Oral Health Services
4. Prepaid Dental Plan Organizations
24. Department of Health Services – Arizona Medically
Underserved Area Health Services
Article
1. General
2. Arizona Medically Underserved Areas
3. Coordinating Medical Providers
4. Repealed
25. Department of Health Services – Emergency Medical
Services
Article
1. Definitions
2. Medical Direction; ALS Base Hospital Certification
3. Training Programs
4. EMT Certification
5. Medical Direction Protocols for Emergency Medical
Technicians
6. Repealed
7. Reserved
8. Recodified
9. Ground Ambulance Certificate of Necessity
10. Ground Ambulance Vehicle Registration
11. Ground Ambulance Service Rates and Charges;
Contracts
12. Time- frames for Department Approvals
Exhibit A. Ambulance Revenue and Cost Report, General
Information and Certification
Exhibit B. Ambulance Revenue and Cost Report, Fire District
and Small Rural Company
26. Arizona Commission for the Deaf and Hard of Hear-ing
Article
1. General
2. Telecommunications Equipment Distribution Program
3. Administrative Procedures
4. Relay Services
5. Interpreter Certification
27. Arizona Health Care Cost Containment System –
Health Care for Private Employer Groups/ AHCCCS
Administered
Article
1. Definitions
2. Scope of Services
3. Eligibility and Enrollment
4. Contracts and GSAs
5. General Provisions and Standards
6. Repealed
7. Standard for Payments
8. Coordination of Benefits
28. Arizona Health Care Cost Containment System –
Arizona Long- term Care System
Article
1. Definitions
2. Covered Services
3. Preadmission Screening ( PAS)
4. Eligibility and Enrollment
5. Program Contractor and Provider Standards
6. RFP and Contract Process
7. Standards for Payments
8. Repealed
9. First- and Third- party Liability and Recoveries
10. Civil Monetary Penalties and Assessments
11. Behavioral Health Services
12. Repealed
13. Freedom to Work
29. Arizona Health Care Cost Containment System –
Medicare Cost Sharing Program
Article
1. Definitions
2. Eligibility
2. Benefits and Services
4. Contractor, Provider, and Noncontracting Provider
Requirements
5. Grievance and Appeal Process
6. First- and Third- party Liability and Recoveries
30. Repealed
31. Arizona Health Care Cost Containment System –
Children’s Health Insurance Program
Article
1. Definitions
2. Scope of Services
3. Eligibility and Enrollment
4. Repealed
5. General Provisions and Standards
6. RFP and Contract Process
7. Standards for Payments
8. Repealed
9. Quality Control
10. First- and Third- party Liability and Recoveries
11. Civil Monetary Penalties and Assessments
12. Behavioral Health Services
13. Repealed
14. Premiums for a Child Determined Eligible Under
Article 3
15. Reserved
16. Services for Native Americans
17. Eligibility, Enrollment and Cost Sharing for a Parent
32. Repealed
33. Department of Health Services – Group Homes for
Individuals Who are Developmentally Disabled
Article
1. Licensure Requirements
2. Group Home Requirements
34. Arizona Health Care Cost Containment System –
Grievance System
Article
1. Request for Eligibility Hearing
2. Appeal, Grievance, and Hearing for an Enrolled Person
3. Appeal and Hearing for an FFS Member
4. Claim Dispute
TITLE 10. LAW
Chapter
1. Department of Law – Attorney General’s Office
Article
1. Dismissal
2. Repealed
Supp. 05- 3 Page 12 September 30, 2005
Arizona Administrative Code
Title Index
2. Attorney General – Fair Housing
Article
1. Fair Housing
3. Department of Law – Civil Rights Division
Article
1. General Provisions
2. Employment Discrimination
3. Voting Rights and Public Accommodation
Discrimination
4. The Arizonans with Disabilities Act
4. Arizona Criminal Justice Commission
Article
1. Crime Victim Compensation Program
2. Crime Victim Assistance Program
3. Repealed
4. Drug and Gang Enforcement Account
Administrative Program
5. Full- service Forensic Crime Laboratory Account
TITLE 11. MINES
Chapter
1. State Mine Inspector
Article
1. General Provisions
2. Explosives and Blasting
3. Fire Prevention and Control
4. Air Quality, Ventilation and Radiation, and Physical
Agents
5. Maintenance and Use of Equipment
( Compressors, Mucking Machines, Belts & Guards,
Mobile Equipment)
6. Loading, Hauling and Dumping
7. Travelways and Escapeways
8. Electricity
9. Personal Protection
10. Materials Storage and Handling
11. Hoists and Shafts
12. Underground Operations
13. Open Pits
14. Sand and Gravel Operations
15. Acid Plants and Leaching
16. Smelters
17. Aerial Tramways
18. Gassy Mines
19. Miscellaneous Provision
20. Storage and Mixing of Reagents in Concentrators
21. Assay and Metallurgical Laboratories
22. Cyanide Leach Operations
2. State Mine Inspector – Mined Land Reclamation
Article
1. Definitions
2. General Regulatory Provisions
3. Exploration Operation Reclamation Plan
4. Exploration Operation Reclamation Standards
5. Mining Unit Reclamation Plan
6. Mining Unit Reclamation Standards
7. Revegetation and Soil Standards
8. Financial Assurance
TITLE 12. NATURAL RESOURCES
Chapter
1. Radiation Regulatory Agency
Article
1. General Provisions
2. Registration, Installation, and Service of Ionizing Radia-tion-
producing Machines; and Certification of Mammog-raphy
Facilities
3. Radioactive Material Licensing
4. Standards for Protection against Ionizing Radiation
5. Sealed Source Industrial Radiography
6. Use of X- rays in the Healing Arts
7. Medical Uses of Radioactive Material
8. Radiation Safety Requirements for Analytical X- ray
Operations
9. Particle Accelerators
10. Notices, Instructions, and Reports to Ionizing Radiation
Workers; Inspections
11. Industrial Uses of X- rays, not Including Analytical X- ray
Systems
12. Administrative Provisions
13. License and Registration Fees
14. Registration of Nonionizing Radiation Sources and Stan-dards
for Protection Against Nonionizing Radiation
15. Transportation
16. Reserved
17. Wireline Service Operations and Subsurface Tracer
Studies
2. Radiation Regulatory Agency – Medical Radiologic
Technology Board of Examiners Division
Article
1. General Provisions
2. Application and Certification of Technologists
3. Licensing Time- frames
4. Schools of Practical Radiologic Technology
5. Nuclear Medicine Technologist
6. Practical Technologist in Bone Densitometry
3. Reserved
4. Game and Fish Commission
Article
1. Definitions and General Provisions
2. Miscellaneous Licenses and Permits
3. Taking and Handling of Wildlife
4. Live Wildlife
5. Boating and Water Sports
6. Rules of Practice Before the Commission
7. Heritage Grants
8. Wildlife Areas and Department Property
9. Arizona Wildlife Conservation Fund Grants
5. Land Department
Article
1. General Provisions
2. Practice and Procedure in Administrative Hearings for
Protesting Auctions Before the Arizona State Land
Commissioner
3. Selections, Investigations, Classifications and Appraisals
4. Sales
5. Leases
6. Improvements ( Reserved)
7. Special Leasing Provisions
8. Rights- of- Way
9. Exchanges
10. Expired
11. Special Use Permits
12. Repealed
13. Repealed
14. Repealed
15. Repealed
16. Repealed
16.1 Renumbered
17. Natural Resource Conservation Districts
Arizona Administrative Code
Title Index
September 30, 2005 Page 13 Supp. 05- 3
18. Mineral Leases
19. Prospecting Permits
20. Common Mineral Materials and Natural Products
21. Oil and Gas Leases
22. Geothermal Resources
23. Board of Appeals
24. Expired
25. Classifying Trust Lands as Suitable for Conservation
Purposes
6. Arizona State Museum ( Rules repealed)
7. Oil and Gas Conservation Commission
Article
1. Oil, Gas, Helium, and Geothermal Resources
2. Repealed
8. Arizona State Parks Board
Article
1. General Provisions
2. Operation of the Board
3. State Historic Preservation Office Programs
9. Repealed
10. Repealed
11. Repealed
12. Repealed
13. Reserved
14. Arizona Power Authority
Article
1. General
2. Availability of Long- Term Power; Application for Elec-tric
Service; Power Purchase Certificates
3. Service to Purchasers
4. Administration of Power
5. Records
6. Conferences
15. Department of Water Resources
Article
1. Definitions, Fees, Procedural Rules for Hearings
2. Procedural Rules
3. Stockpond and Other Surface Water Rules
4. Licensing Time- frames
5. Reserved
6. Reserved
7. Assured and Adequate Water Supply
8. Well Construction and Licensing of Well Drillers
9. Water Measurement
10. Reporting Requirements for Annual Reports, Annual
Accounts, Operating Flexibility Accounts, and Convey-ances
of Groundwater Rights
11. Inspections and Audits
12. Dam Safety Procedures
16. Repealed
17. Arizona Navigable Stream Adjudication Commis-sion
1. Hearings
TITLE 13. PUBLIC SAFETY
Chapter
1. Department of Public Safety – Criminal Identifica-tion
Section
Article
1. Criminal History Records
2. ACJIS Network
3. Arizona Crime Statistics
4. Applicant Fingerprint Processing
5. Department Records
2. Department of Public Safety – Private Investigators
Article
1. General Provisions
2. Agency Licenses
3. Registration Certificates
4. Regulation
3. Department of Public Safety – Tow Trucks
Article
1. General Provisions
2. Tow Truck Permits
3. Tow Truck Specifications
4. Tow Truck Equipment Specifications
5. Qualifications of Tow Truck Operators
6. Enforcement of Rules and Regulations
4. Arizona Peace Officer Standards and Training
Board
Article
1. General Provisions
2. Correctional Officers
5. Law Enforcement Merit System Council
Article
1. General Provisions
2. Classification and Compensation
3. Employment
4. Assignments
5. Employee Leave
6. Grievances
7. Discipline and Appeals
8. Separation from Employment
9. Repealed
6. Department of Public Safety – Security Guards
Article
1. General Provisions
7. Department of Public Safety – Polygraph Examiners
Article
1. Repealed
8. Department of Public Safety Local Retirement
Board
Article
1. Procedures
9. Department of Public Safety – Concealed Weapon
Permits
Article
1. General Provisions
2. Concealed Weapon Permit
3. Firearms- safety Training Program
4. Hearings and Disciplinary Proceedings
10. Department of Public Safety – Rules of Practice ( no
rules filed)
11. Board of Fingerprinting
Article
1. Board of Fingerprinting
TITLE 14. PUBLIC SERVICE CORPORATIONS;
CORPORATIONS AND ASSOCIATIONS;
SECURITIES REGULATION
Chapter
1. Corporation Commission – Corporations and Asso-ciations
Article
1. In General
2. Corporate Names
2. Corporation Commission – Fixed Utilities
Article
1. General Provisions
2. Electric Utilities
Supp. 05- 3 Page 14 September 30, 2005
Arizona Administrative Code
Title Index
3. Gas Utilities
4. Water Utilities
5. Telephone Utilities
6. Sewer Utilities
7. Resource Planning
8. Public Utility Holding Companies and Affiliated Interests
9. Customer- Owned Pay Telephones
10. Alternative Operator Services
11. Competitive Telecommunications Services
12. Arizona Universal Service Fund
13. Telecommunications Interconnection and Unbundling
14. Emergency Expired
15. Arbitration and Mediation
16. Retail Electric Competition
17. Reserved
18. Reserved
19. Consumer Protections for Unauthorized Carrier Changes
20. Consumer Protections for Unauthorized Carrier Charges
3. Corporation Commission – Rules of Practice and
Procedure
Article
1. Rules of Practice and Procedure Before the Corporation
Commission
2. Rules of Practice and Procedure Before Power Plant and
Transmission Line Siting Committee
4. Corporation Commission – Securities
Article
1. In General Relating to the Arizona Securities Act
2. Repealed
3. Rules of Procedure for Investigations, Examinations, and
Administrative Proceedings
5. Corporation Commission – Transportation
Article
1. Railroads
2. Pipeline Safety
6. Corporation Commission – Investment Management
Article
1. General Provisions Relating to the Arizona Investment
Management Act
2. Duties of Investment Advisers and Investment Advisers
Representatives
TITLE 15. REVENUE
Chapter
1. Department of Revenue – Estate Tax Section
Article
1. General Provisions
2. Department of Revenue – Income and Withholding
Tax Section
Subchapter A. General and Administrative
Article
1. Definitions and General Provisions
2. General Accounting Provisions
Subchapter B. Withholding
Article
1. Withholding by Employer
2. Withholding as Payment of Tax for Employee
Subchapter C. Individuals
Article
1. Payment and Collection of Tax
2. Additions to Arizona Gross Income
3. Subtractions from Arizona Gross Income
4. Deductions
5. Credits
6. Nonresidents
7. Alternative Fuel Credits
Subchapter D. Corporations
Article
1. General
2. Additions to Arizona Gross Income
3. Subtractions from Arizona Gross Income
4. Multistate Division of Income
5. Business and Nonbusiness Income
6. Property Factor
7. Payroll Factor
8. Sales Factor
9. Departure from Standard Apportionment and Allocation
Provisions
10. Credits
11. Alternative Fuel Credits
Subchapter E. Tax- exempt Organizations
Article
1. Organizations Exempt from Tax
2. Denial of Exempt Status
3. Returns of Exempt Organizations
Subchapter F. Estates and Trusts
Article
1. Returns
2. Imposition of Tax on Estates and Trusts
Subchapter G. Partnerships
Article
1. Taxation of Partnerships
3. Department of Revenue – Luxury Tax Section
Article
1. Repealed
2. General
3. Tobacco
4. Liquor
5. Administration
4. Department of Revenue – Property Tax
Article
1. Property Valuation
2. Valuation of Mines
3. Valuation of Airline Property
4. Class Seven Limited Value and Assessment Ratio
5. Valuation of Pipeline Companies
5. Department of Revenue – Transaction Privilege and
Use Tax Section
Article
1. Retail Classification
2. Introduction
3. Repealed
4. Amusement Classification
5. Repealed
6. Prime Contracting Classification
7. Repealed
8. Repealed
9. Mining Classification
10. Transaction Privilege Tax – Transient Lodging Classifi-cation
11. Sales Tax – Printing Classification
12. Repealed
13. Sales Tax – Publishing Classification
14. Transporting Classification
15. Personal Property Rental Classification
16. Commercial Lease Classification
17. Restaurant Classification
18. Sales Tax – Retail Classification
18.1. Sales of Food
19. Repealed
20. General
21. Utilities Classification
Arizona Administrative Code
Title Index
September 30, 2005 Page 15 Supp. 05- 3
22. Transaction Privilege Tax – Administration
23. Use Tax
24. Repealed
25. Repealed
26. Repealed
27. Reserved
28. Reserved
29. Reserved
30. Interim Rules
6. Repealed
7. Department of Revenue – Bingo Section
Article
1. Repealed
2. General Provisions
3. Licensing Provisions
4. Tax Provisions
5. Suspension; Revocation; Appeals
6. Hearing and Appeal Procedures
8. Reserved
9. Reserved
10. Department of Revenue – General Administration
Article
1. Appeal Procedures
2. Administration
3. Authorized Transmission of Funds
4. Reimbursement of Fees and Other Costs Related to an
Administrative Proceeding
5. Electronic Filing Program
6. Tax Amnesty Program
11. Reserved
12. Department of Revenue – Property Tax Oversight
Commission
Article
1. General Provisions
2. Property Tax Levy Limits
3. Hearing and Appeal Procedure
TITLE 16. TAX APPEALS
Chapter
1. State Board of Tax Appeals
Article
1. Expired
2. Agency Abolished
3. State Board of Tax Appeals – Luxury, Transaction
Privilege ( Sales), Use, Estate, Income
Article
1. Tax Appeal Procedures
4. State Board of Equalization
Article
1. Emergency Expired
TITLE 17. TRANSPORTATION
Chapter
1. Department of Transportation – Administration
Article
1. General Provisions
2. Reserved
3. Taxes
4. Electronic Funds Transfer
5. Administrative Hearings
2. Department of Transportation – Aeronautics Divi-sion
Article
1. General Provisions
2. Grand Canyon National Park Airport – Operation and
Management
3. Department of Transportation – Highways
Article
1. Repealed
2. Management of Contractor Bidding
3. Relocation Assistance
4. Repealed
5. Highway Encroachments and Permits
6. Reserved
7. Highway Encroachments and Permits
8. Arizona Parkways and Historic and Scenic Roads
9. Highway Traffic Control Devices
4. Department of Transportation – Title, Registration,
and Driver Licenses
Article
1. Reserved
2. Vehicle Title
3. Vehicle Registration
4. Driver Licenses
5. Safety
6. School Bus Standards
7. Miscellaneous Rules
8. Recodified
9. Recodified
5. Department of Transportation – Commercial Pro-grams
Article
1. General Provisions
2. Motor Carriers
3. Professional Driver Training Schools
4. Dealers
5. Financial Responsibility
6. Ignition Interlock Devices
7. Third Party Programs
6. Department of Transportation – Overdimensional
Permits
Article
1. General Provisions
2. Permit Classes
3. Safety Requirements
4. Transport Restrictions
5. Envelope Permit Special Provisions
7. Department of Transportation – Third- party Pro-grams
Article
1. Definitions and Applicability
2. Authorization
3. Certification
4. Audits
8. Reserved
9. Department of Administration – School Buses
Article
1. School Bus Minimum Standards
2. Minimum Standards for School Buses Operated on Alter-native
Fuel
TITLE 18. ENVIRONMENTAL QUALITY
Chapter
1. Department of Environmental Quality –
Administration
Article
1. Definitions
2. Administrative Appeals
3. Public Participation in Rulemaking
Supp. 05- 3 Page 16 September 30, 2005
Arizona Administrative Code
Title Index
4. Public Notice and General Public Hearings
5. Licensing Time- frames
2. Department of Environmental Quality – Air Pollu-tion
Control
Article
1. General
2. Ambient Air Quality Standards; Area Designations; Clas-sifications
3. Permits and Permit Revisions
4. Permit Requirements for New Major Sources and Major
Modifications to Existing Major Sources
5. General Permits
6. Emissions from Existing and New Nonpoint Sources
7. Existing Stationary Source Performance Standards
8. Emissions from Mobile Sources ( New and Existing)
9. New Source Performance Standards
10. Motor Vehicles; Inspections and Maintenance
11. Federal Hazardous Air Pollutants
12. Emissions Bank
13. Diesel Conversion Grant Program
14. Conformity Determinations
15. Forest and Range Management Burns
16. Visibility; Regional Haze
3. Repealed
4. Department of Environmental Quality – Safe Drink-ing
Water
Article
1. General Requirements
2. Maximum Contaminant Levels and Monitoring Require-ments;
Monitoring Assistance Program
3. Treatment Techniques
4. Special Monitoring Requirements
5. Recodified
6. Capacity Development Requirements for a New Public
Drinking Water System
7. Consumer Confidence Reports
8. Technical Assistance
5. Department of Environmental Quality – Environ-mental
Reviews and Certification
Article
1. Classification of Water and Wastewater Facilities and
Certification of Operators
2. Public and Semipublic Swimming Pools and Spas
3. Water Quality Management Planning
4. Subdivisions
5. Minimum Design Criteria
6. Department of Environmental Quality – Pesticides
and Water Pollution Control
Article
1. Numeric Values and Information Submittal
2. Pesticide Contamination Prevention
3. Groundwater Protection List
7. Department of Environmental Quality – Remedial
Action
Article
1. Water Quality Assurance Revolving Fund
2. Soil Remediation Standards
3. Prospective Purchaser Agreement
4. Greenfields Pilot Program
5. Voluntary Remediation Program
6. Declaration of Environmental Use Restriction Fee
8. Department of Environmental Quality – Waste Man-agement
Article
1. Remedial Action Requirements
2. Hazardous Wastes
3. Recodified
4. Recodified
5. Recodified
6. Recodified
7. Recodified
8. Reserved
9. Reserved
10. Reserved
11. Reserved
12. Reserved
13. Reserved
14. Reserved
15. Reserved
16. Recodified
9. Department of Environmental Quality – Water Pol-lution
Control
Article
1. Aquifer Protection Permits – General Provisions
2. Aquifer Protection Permits – Individual Permits
Part A. Application and General Provisions
Part B. BADCT for Sewage Treatment Facilities
3. Aquifer Protection Permits – General Permits
Part A. General Provisions
Part B. Type 1 General Permits
Part C. Type 2 General Permits
Part D. Type 3 General Permits
Part E. Type 4 General Permits
4. Nitrogen Management General Permits
5. Grazing Best Management Practices
6. Reclaimed Water Conveyances
7. Direct Reuse of Reclaimed Water
8. Repealed
9. Arizona Pollutant Discharge Elimination System
Part A. General Requirements
Part B. Individual Permits
Part C. General Permits
Part D. Animal Feeding Operations and Concentrated Ani-mal
Feeding Operations
10. Arizona Pollutant Discharge Elimination
System – Disposal, Use, and Transportation of Biosolids
10. Repealed
Article
1. Repealed
11. Department of Environmental Quality – Water
Quality Standards
Article
1. Water Quality Standards for Surface Waters
2. Repealed
3. Reclaimed Water Quality Standards
4. Aquifer Water Quality Standards
5. Aquifer Boundary and Protected Use Classification
6. Impaired Water Identification
12. Department of Environmental Quality – Under-ground
Storage Tanks
Article
1. Definitions; Applicability
2. Technical Requirements
3. Financial Responsibility
4. Underground Storage Tank Excise Tax
5. Fees
6. Underground Storage Tank Assurance Fund
7. Underground Storage Tank Grant Program
8. Tank Service Provider Certification
Arizona Administrative Code
Title Index
September 30, 2005 Page 17 Supp. 05- 3
13. Department of Environmental Quality – Solid Waste
Management
Article
1. Reserved
2. Solid Waste Definitions; Exemptions
3. Reserved
4. Reserved
5. Reserved
6. Reserved
7. Solid Waste Facility Plan Review Fees
8. Reserved
9. Reserved
10. Reserved
11. Collection, Transportation, and Disposal of Human
Excreta
12. Reserved
13. Reserved
14. Biohazardous Medical Waste and Discarded Drugs
15. Recodified
16. Best Management Practices for Petroleum Contaminated
Soil
17. Reserved
18. Reserved
19. Reserved
20. Reserved
21. Municipal Solid Waste Landfills
22. Reserved
23. Reserved
24. Reserved
25. Recycling
14. Department of Environmental Quality – Permits and
Compliance Fees
Article
1. Water Quality Protection Fees
15. Water Infrastructure Finance Authority of Arizona
Article
1. Management
2. Clean Water Revolving Fund
3. Drinking Water Revolving Fund
4. Other Financial Assistance
5. Technical Assistance
6. Hardship Grant Fund
7. Interest Rate Setting and Forgivable Principal
16. Department of Environmental Quality – Water
Quality Assurance Revolving Fund Program
Article
1. Reserved
2. Preliminary Investigations and Site Scoring
3. Public Information
4. Remedy Selection
5. Interim Remedial Actions
17. Department of Environmental Quality – Pollution
Prevention
Article
1. General
TITLE 19. ALCOHOL, HORSE AND DOG RACING,
LOTTERY, AND GAMING
Chapter
1. Department of Liquor Licenses and Control
Article
1. State Liquor Board
2. Director
3. Unlicensed Premises Definitions and Licensing
Time- frames
2. Arizona Racing Commission
Article
1. Horse Racing
2. Reserved
3. Greyhound Racing
4. Teletracking
5. Pari- mutuel Wagering
6. State Boxing Administration
3. Arizona State Lottery Commission
Article
1. General
2. Retailers
3. Repealed
4. Design and Operation of On- line Games
5. Procurements
6. Annuity Assignments
7. Design and Operation of Instant Games
8. Reserved
9. Reserved
10. Promotions
TITLE 20. COMMERCE, BANKING,
AND INSURANCE
Chapter
1. Department of Commerce
Article
1. Administration
2. Arizona Job Training Program
3. Expired
4. Technology Training Assistance Program
5. Military Installation Fund
2. Department of Weights and Measures
Article
1. Administration and Procedures
2. Commercial Devices
3. Packaging, Labeling, and Method of Sale
4. Price Verification and Price Posting
5. Public Weighmasters
6. Registered Service Agencies and Representatives
7. Motor Fuels and Petroleum Products
8. Repealed
9. Gasoline Vapor Control
3. Office of Tourism
Article
1. Joint- Ventures
4. Banking Department
Article
1. General
2. Bank Organization and Regulation
3. Savings and Loan Associations
4. Credit Unions
5. Small Loans
6. Debt Management Companies
7. Escrow Agents
8. Trust Companies
9. Mortgage Brokers
10. Safe Deposit and Safekeeping Code
11. Public Depositories for Public Monies
12. Rules of Practice and Procedure Before the
Superintendent
13. Reserved
14. Investigations
15. Collection Agencies
16. Acquiring Control of Financial Institutions
17. Arizona Interstate Bank and Savings and Loan
Association Act
Supp. 05- 3 Page 18 September 30, 2005
Arizona Administrative Code
Title Index
18. Mortgage Bankers
19. Commercial Mortgage Bankers
5. The Industrial Commission of Arizona
Article
1. Workers’ Compensation Practice and Procedure
2. Self- insurance Requirements for Individual Employers
and Workers’ Compensation Pools Organized under
A. R. S. § § 11- 952.01( B) and 41- 621.01
3. Private Employment Agents
4. Arizona Boiler and Lined Hot Water Heaters
5. Elevator Safety
6. Occupational Safety and Health Standards
7. Self- insurance Requirements for Workers’ Compensation
Pools Organized under A. R. S. § 23- 961.01
8. Occupational Safety and Health Rules of Procedure
Before the Industrial Commission of Arizona
9. Expired
10. Wage Claims
6. Department of Insurance
Article
1. Hearing Procedures and Rulemaking Petitions
2. Transaction of Insurance
3. Financial Provisions and Procedures
4. Types of Insurance Companies
5. The Insurance Contract
6. Types of Insurance Contracts
7. Licensing Provisions and Procedures
8. Prohibited Practices, Penalties
9. Termination or Dissolution
10. Long- term Care Insurance
11. Medicare Supplement Insurance
12. HIV/ AIDS: Prohibited and Required Practices
13. Reserved
14. Insurance Holding Company
15. Reserved
16. Credit for Reinsurance
17. Examinations
18. Prepaid Dental Plan Organizations
19. Health Care Services Organizations Oversight
20. Captive Insurers
21. Customer Information Security Program
7. Occupational Safety and Health Administration
Review Board
Article
1. Expired
8. Greater Arizona Development Authority
Article
1. Technical Assistance
2. Financial Assistance
Arizona Administrative Code
Administrative Procedure Act
December 31, 2004 Page i Supp. 04- 4
ADMINISTRATIVE PROCEDURE ACT
Arizona Revised Statutes, Title 41, Chapter 6, Articles 1 through 10, as effective August 25, 2004
Editor’s Note: The statutes printed here are not the official text of the Administrative Procedure Act; they are copied from the Arizona
Legislative Information Service web site. The Administrative Procedure Act became effective January 1, 1995.
ARTICLE 1. GENERAL PROVISIONS
Section
§ 41- 1001. Definitions
§ 41- 1001.01. Regulatory bill of rights
§ 41- 1002. Applicability and relation to other law
§ 41- 1003. Required rule making
§ 41- 1004. Waiver
§ 41- 1005. Exemptions
§ 41- 1006. Employees providing agency assistance; identifica-tion
and publication
§ 41- 1007. Award of costs and fees against a department in
administrative hearings; exceptions; definitions
§ 41- 1008. Fees; specific statutory authority
§ 41- 1009. Inspections; applicability
§ 41- 1010. Complaints; public record
ARTICLE 2. PUBLICATION OF AGENCY RULES
Section
§ 41- 1011. Publication and distribution of code and register
§ 41- 1012. Code; publication of rules; distribution
§ 41- 1013. Register
ARTICLE 3. RULE MAKING
Section
§ 41- 1021. Public rule making docket; notice
§ 41- 1021.01. Permissive examples
§ 41- 1021.02. State agencies; annual regulatory agenda
§ 41- 1022. Notice of proposed rule making, amendment or
repeal; contents of notice
§ 41- 1023. Public participation; written statements; oral pro-ceedings
§ 41- 1024. Time and manner of rule making
§ 41- 1025. Variance between rule and published notice of pro-posed
rule
§ 41- 1026. Emergency rule making, amendment or repeal
§ 41- 1026.01. Emergency adoption, amendment or termination of
delegation agreements; definition
§ 41- 1027. Summary rule making
§ 41- 1028. Incorporation by reference
§ 41- 1029. Agency rule making record
§ 41- 1030. Invalidity of rules not made according to this chap-ter;
prohibited agency action
§ 41- 1031. Filing rules and preamble with secretary of state;
permanent record
§ 41- 1032. Effective date of rules
§ 41- 1033. Petition for a rule or review of a practice or policy
§ 41- 1034. Declaratory judgment
§ 41- 1035. Rules affecting small businesses; reduction of rule
impact
§ 41- 1036. Preamble; justifications for rule making
ARTICLE 4. ATTORNEY GENERAL REVIEW OF RULE
MAKING
Section
§ 41- 1044. Attorney general review of certain exempt rules
ARTICLE 4.1. ADMINISTRATIVE RULES OVERSIGHT
COMMITTEE
Section
§ 41- 1047. Committee review of rules; practices alleged to con-stitute
rules; substantive policy statements
§ 41- 1048. Committee review of duplicative or onerous stat-utes,
rules, practices alleged to constitute rules and
substantive policy statements
ARTICLE 5. GOVERNOR’S REGULATORY REVIEW
COUNCIL
Section
§ 41- 1051. Governor’s regulatory review council; membership;
terms; compensation; powers
§ 41- 1052. Council review and approval
§ 41- 1053. Council review of summary rules
§ 41- 1055. Economic, small business and consumer impact
statement
§ 41- 1056. Review by agency
§ 41- 1056.01. Impact statements; appeals
§ 41- 1057. Exemptions
ARTICLE 6. ADJUDICATIVE PROCEEDINGS
Section
§ 41- 1061. Contested cases; notice; hearing; records
§ 41- 1062. Hearings; evidence; official notice; power to require
testimony and records; rehearing
§ 41- 1063. Decisions and orders
§ 41- 1064. Licenses; renewal; revocation; suspension; annul-ment;
withdrawal
§ 41- 1065. Hearing on denial of license or permit
§ 41- 1066. Compulsory testimony; privilege against
self- incrimination
§ 41- 1067. Applicability of article
ARTICLE 7. MILITARY ADMINISTRATIVE RELIEF
Section
§ 41- 1071. Military relief from administrative procedures; pro-cess
ARTICLE 7.1. LICENSING TIME FRAMES
Section
§ 41- 1072. Definitions
§ 41- 1073. Time frames; exception
§ 41- 1074. Compliance with administrative completeness
review time frame
§ 41- 1075. Compliance with substantive review time frame
§ 41- 1076. Compliance with overall time frame
§ 41- 1077. Consequence for agency failure to comply with
overall time frame; refund; penalty
§ 41- 1078. Reporting; compliance with time frames
§ 41- 1079. Information required to be provided
Supp. 04- 4 Page ii December 31, 2004
Arizona Administrative Code
Administrative Procedure Act
ARTICLE 8. DELEGATION OF FUNCTIONS, POWERS, OR
DUTIES
Section
§ 41- 1081. Standards for delegation
§ 41- 1082. Existing delegation agreements
§ 41- 1083. No presumption of funding authority
§ 41- 1084. Prohibition on subdelegation
ARTICLE 9. SUBSTANTIVE POLICY STATEMENTS
Section
§ 41- 1091. Substantive policy statements; directory
ARTICLE 10. UNIFORM ADMINISTRATIVE APPEALS
PROCEDURES
Section
§ 41- 1092. Definitions
§ 41- 1092.01. Office of administrative hearings; director; powers
and duties; fund
§ 41- 1092.02. Appealable agency actions; application of proce-dural
rules; exemption from article
§ 41- 1092.03. Notice of appealable agency action or contested
case; hearing; informal settlement conference; appli-cability
§ 41- 1092.04. Service of documents
§ 41- 1092.05. Scheduling of hearings; prehearing conferences
§ 41- 1092.06. Appeals of agency actions; informal settlement con-ferences;
applicability
§ 41- 1092.07. Hearings
§ 41- 1092.08. Final administrative decisions; review
§ 41- 1092.09. Rehearing or review
§ 41- 1092.10. Compulsory testimony; privilege against
self- incrimination
§ 41- 1092.11. Licenses; renewal; revocation; suspension; annul-ment;
withdrawal
§ 41- 1092.12. Private right of action; recovery of costs and fees;
definitions
ARTICLE 1. GENERAL PROVISIONS
§ 41- 1001. Definitions
In this chapter, unless the context otherwise requires:
1. “ Agency” means any board, commission, department,
officer or other administrative unit of this state, including
the agency head and one or more members of the agency
head or agency employees or other persons directly or
indirectly purporting to act on behalf or under the author-ity
of the agency head, whether created under the Consti-tution
of Arizona or by enactment of the legislature.
Agency does not include the legislature, the courts or the
governor. Agency does not include a political subdivision
of this state or any of the administrative units of a politi-cal
subdivision, but does include any board, commission,
department, officer or other administrative unit created or
appointed by joint or concerted action of an agency and
one or more political subdivisions of this state or any of
their units. To the extent an administrative unit purports
to exercise authority subject to this chapter, an adminis-trative
unit otherwise qualifying as an agency must be
treated as a separate agency even if the administrative
unit is located within or subordinate to another agency.
2. “ Code” means the Arizona administrative code.
3. “ Committee” means the administrative rules oversight
committee.
4. “ Contested case” means any proceeding, including rate
making, price fixing and licensing, in which the legal
rights, duties or privileges of a party are required or per-mitted
by law, other than this chapter, to be determined by
an agency after an opportunity for an administrative hear-ing.
5. “ Council” means the governor’s regulatory review coun-cil.
6. “ Delegation agreement” means an agreement between an
agency and a political subdivision that authorizes the
political subdivision to exercise functions, powers or
duties conferred on the delegating agency by a provision
of law. Delegation agreement does not include intergov-ernmental
agreements entered into pursuant to title 11,
chapter 7, article 3.
7. “ Emergency rule” means a rule that is made pursuant to
section 41- 1026.
8. “ Fee” means a charge prescribed by an agency for an
inspection or for obtaining a license.
9. “ Final rule” means any rule filed with the secretary of
state and made pursuant to an exemption from this chap-ter
in section 41- 1005, made pursuant to section 41- 1026,
approved by the council pursuant to section 41- 1052 or
41- 1053 or approved by the attorney general pursuant to
section 41- 1044. For purposes of judicial review, final
rule includes proposed summary rules having interim
effect pursuant to section 41- 1027.
10. “ License” includes the whole or part of any agency per-mit,
certificate, approval, registration, charter or similar
form of permission required by law, but it does not
include a license required solely for revenue purposes.
11. “ Licensing” includes the agency process respecting the
grant, denial, renewal, revocation, suspension, annul-ment,
withdrawal or amendment of a license.
12. “ Party” means each person or agency named or admitted
as a party or properly seeking and entitled as of right to be
admitted as a party.
13. “ Person” means an individual, partnership, corporation,
association, governmental subdivision or unit of a gov-ernmental
subdivision, a public or private organization of
any character or another agency.
14. “ Preamble” means:
( a) For any rule making subject to this chapter, a state-ment
accompanying the rule that includes:
( i) Reference to the specific statutory authority for
the rule.
( ii) The name and address of agency personnel
with whom persons may communicate regard-ing
the rule.
( iii) An explanation of the rule, including the
agency’s reasons for initiating the rule making.
( iv) A reference to any study relevant to the rule
that the agency reviewed and either proposes to
rely on in its evaluation of or justification for
the rule or proposes not to rely on in its evalua-tion
of or justification for the rule, where the
public may obtain or review each study, all data
underlying each study and any analysis of each
study and other supporting material.
( v) The economic, small business and consumer
impact summary, or in the case of a proposed
rule, a preliminary summary and a solicitation
of input on the accuracy of the summary.
( vi) A showing of good cause why the rule is neces-sary
to promote a statewide interest if the rule
will diminish a previous grant of authority of a
political subdivision of this state.
Arizona Administrative Code
Administrative Procedure Act
December 31, 2004 Page iii Supp. 04- 4
( vii) Such other matters as are prescribed by statute
and that are applicable to the specific agency or
to any specific rule or class of rules.
( b) In addition to the information set forth in subdivi-sion
( a) of this paragraph, for a proposed rule, the
preamble also shall include a list of all previous
notices appearing in the register addressing the pro-posed
rule, a statement of the time, place and nature
of the proceedings for the making, amendment or
repeal of the rule and where, when and how persons
may request an oral proceeding on the proposed rule
if the notice does not provide for one.
( c) In addition to the information set forth in subdivi-sion
( a) of this paragraph, for a proposed summary
rule, the preamble also shall include a statement of
the time, place and nature of the proceedings for the
making, amendment or repeal of the rule and an
explanation of why summary proceedings are justi-fied.
( d) For a final rule, except an emergency rule, the pre-amble
also shall include, in addition to the informa-tion
set forth in subdivision ( a), the following
information:
( i) A list of all previous notices appearing in the
register addressing the final rule.
( ii) A description of the changes between the pro-posed
rules, including supplemental notices
and final rules.
( iii) A summary of the comments made regarding
the rule and the agency response to them.
( iv) A summary of the council’s action on the rule.
( v) A statement of the rule’s effective date.
( e) In addition to the information set forth in subdivi-sion
( a) of this paragraph, for an emergency rule, the
preamble also shall include an explanation of the sit-uation
justifying the rule being made as an emer-gency
rule, the date of the attorney general’s
approval of the rule and a statement of the emer-gency
rule’s effective date.
15. “ Provision of law” means the whole or a part of the fed-eral
or state constitution, or of any federal or state statute,
rule of court, executive order or rule of an administrative
agency.
16. “ Register” means the Arizona administrative register.
17. “ Rule” means an agency statement of general applicabil-ity
that implements, interprets or prescribes law or policy,
or describes the procedure or practice requirements of an
agency. Rule includes prescribing fees or the amendment
or repeal of a prior rule but does not include intraagency
memoranda that are not delegation agreements.
18. “ Rule making” means the process for formulation and
finalization of a rule.
19. “ Small business” means a concern, including its affili-ates,
which is independently owned and operated, which
is not dominant in its field and which employs fewer than
one hundred full- time employees or which had gross
annual receipts of less than four million dollars in its last
fiscal year. For purposes of a specific rule, an agency may
define small business to include more persons if it finds
that such a definition is necessary to adapt the rule to the
needs and problems of small businesses and organiza-tions.
20. “ Substantive policy statement” means a written expres-sion
which informs the general public of an agency’s cur-rent
approach to, or opinion of, the requirements of the
federal or state constitution, federal or state statute,
administrative rule or regulation, or final judgment of a
court of competent jurisdiction, including, where appro-priate,
the agency’s current practice, procedure or method
of action based upon that approach or opinion. A substan-tive
policy statement is advisory only. A substantive pol-icy
statement does not include internal procedural
documents which only affect the internal procedures of
the agency and does not impose additional requirements
or penalties on regulated parties, confidential information
or rules made in accordance with this chapter.
21. “ Summary rule” means a rule that is made pursuant to
section 41- 1027.
§ 41- 1001.01. Regulatory bill of rights
A. To ensure fair and open regulation by state agencies, a person:
1. Is eligible for reimbursement of fees and other expenses
if the person prevails by adjudication on the merits
against an agency in a court proceeding regarding an
agency decision as provided in section 12- 348.
2. Is eligible for reimbursement of the person’s costs and
fees if the person prevails against any agency in an
administrative hearing as provided in section 41- 1007.
3. Is entitled to have an agency not charge the person a fee
unless the fee for the specific activity is expressly autho-rized
as provided in section 41- 1008.
4. Is entitled to receive the information and notice regarding
inspections prescribed in section 41- 1009.
5. May review the full text or summary of all rule making
activity, the summary of substantive policy statements
and the full text of executive orders in the register as pro-vided
in article 2 of this chapter.
6. May participate in the rule making process as provided in
articles 3, 4, 4.1 and 5 of this chapter, including:
( a) Providing written or oral comments on proposed
rules to an agency as provided in section 41- 1023
and having the agency adequately address those
comments as provided in section 41- 1052, subsec-tion
C.
( b) Providing written or oral comments on rules to the
governor’s regulatory review council as provided in
article 5 of this chapter.
7. Is entitled to have an agency not base a licensing decision
in whole or in part on licensing conditions or require-ments
that are not specifically authorized by statute, rule
or state tribal gaming compact as provided in section 41-
1030, subsection B.
8. Is entitled to have an agency not make a rule under a spe-cific
grant of rule making authority that exceeds the sub-ject
matter areas listed in the specific statute or not make
a rule under a general grant of rule making authority to
supplement a more specific grant of rule making author-ity
as provided in section 41- 1030, subsection C.
9. May allege that an existing agency practice or substantive
policy statement constitutes a rule and have that agency
practice or substantive policy statement declared void
because the practice or substantive policy statement con-stitutes
a rule as provided in section 41- 1033.
10. May file a complaint with the administrative rules over-sight
committee concerning:
( a) A rule’s, practice’s or substantive policy statement’s
lack of conformity with statute or legislative intent
as provided in section 41- 1047.
( b) An existing statute, rule, practice alleged to consti-tute
a rule or substantive policy statement that is
alleged to be duplicative or onerous as provided in
section 41- 1048.
11. May have the person’s administrative hearing on con-tested
cases and appealable agency actions heard by an
Supp. 04- 4 Page iv December 31, 2004
Arizona Administrative Code
Administrative Procedure Act
independent administrative law judge as provided in arti-cles
6 and 10 of this chapter.
12. May have administrative hearings governed by uniform
administrative appeal procedures as provided in articles 6
and 10 of this chapter.
13. May have an agency approve or deny the person’s license
application within a predetermined period of time as pro-vided
in article 7.1 of this chapter.
14. Is entitled to receive written notice from an agency on
denial of a license application:
( a) That justifies the denial with references to the stat-utes
or rules on which the denial is based as pro-vided
in section 41- 1076.
( b) That explains the applicant’s right to appeal the
denial as provided in section 41- 1076.
15. Is entitled to receive information regarding the license
application process at the time the person obtains an
application for a license as provided in section 41- 1079.
16. May receive public notice and participate in the adoption
or amendment of agreements to delegate agency func-tions,
powers or duties to political subdivisions as pro-vided
in section 41- 1026.01 and article 8 of this chapter.
17. May inspect all rules and substantive policy statements of
an agency, including a directory of documents, in the
office of the agency director as provided in section 41-
1091.
18. May file a complaint or inquiry with the advocate for pri-vate
property rights regarding constitutional taking as
provided in chapter 8, article 1.1 of this title.
19. May file a complaint with the office of the ombudsman-citizens
aide to investigate administrative acts of agencies
as provided in chapter 8, article 5 of this title.
B. The enumeration of the rights listed in subsection A of this
section does not grant any additional rights that are not pre-scribed
in the sections referenced in subsection A of this sec-tion.
§ 41- 1002. Applicability and relation to other law
A. Articles 1 through 5 of this chapter apply to all agencies and
all proceedings not expressly exempted.
B. This chapter creates only procedural rights and imposes only
procedural duties. They are in addition to those created and
imposed by other statutes. To the extent that any other statute
would diminish a right created or duty imposed by this chap-ter,
the other statute is superseded by this chapter, unless the
other statute expressly provides otherwise.
C. An agency may grant procedural rights to persons in addition
to those conferred by this chapter so long as rights conferred
on other persons by any provision of law are not substantially
prejudiced.
§ 41- 1003. Required rule making
Each agency shall make rules of practice setting forth the nature
and requirements of all formal procedures available to the public.
§ 41- 1004. Waiver
Except to the extent precluded by another provision of law, a person
may waive any right conferred on that person by this chapter.
§ 41- 1005. Exemptions
A. This chapter does not apply to any:
1. Rule which relates to the use of public works, including
streets and highways, under the jurisdiction of an agency
if the effect of the order is indicated to the public by
means of signs or signals.
2. Order of the Arizona game and fish commission which
opens, closes or alters seasons or establishes bag or pos-session
limits for wildlife.
3. Rule relating to section 28- 641 or to any rule regulating
motor vehicle operation which relates to speed, parking,
standing, stopping or passing enacted pursuant to title 28,
chapter 3.
4. Rule concerning only the internal management of an
agency which does not directly and substantially affect
the procedural or substantive rights or duties of any seg-ment
of the public.
5. Rule that only establishes specific prices to be charged
for particular goods or services sold by an agency.
6. Rule concerning only the physical servicing, maintenance
or care of agency owned or operated facilities or property.
7. Rule or substantive policy statement concerning inmates
or committed youth of a correctional or detention facility
in secure custody or patients admitted to a hospital, if
made by the state department of corrections, the depart-ment
of juvenile corrections, the board of executive clem-ency
or the department of health services or a facility or
hospital under the jurisdiction of the state department of
corrections, the department of juvenile corrections or the
department of health services.
8. Form whose contents or substantive requirements are pre-scribed
by rule or statute, and instructions for the execu-tion
or use of the form.
9. Capped fee- for- service schedule adopted by the Arizona
health care cost containment system administration pur-suant
to title 36, chapter 29.
10. Fees prescribed by section 6- 125.
11. Order of the director of water resources adopting or mod-ifying
a management plan pursuant to title 45, chapter 2,
article 9.
12. Fees established under section 3- 1086.
13. Fee- for- service schedule adopted by the department of
economic security pursuant to section 8- 512.
14. Fees established under sections 41- 2144 and 41- 2189.
15. Rule or other matter relating to agency contracts.
16. Fees established under section 32- 2067 or 32- 2132.
17. Rules made pursuant to section 5- 111, subsection A.
18. Rules made by the Arizona state parks board concerning
the operation of the Tonto natural bridge state park, the
facilities located in the Tonto natural bridge state park
and the entrance fees to the Tonto natural bridge state
park.
19. Fees or charges established under section 41- 511.05.
20. Emergency medical services protocols except as provided
in section 36- 2205, subsection C.
21. Fee schedules established pursuant to section 36- 3409.
22. Procedures of the state transportation board as prescribed
in section 28- 7048.
23. Rules made by the state department of corrections.
24. Fees prescribed pursuant to section 32- 1527.
25. Rules made by the department of economic security pur-suant
to section 46- 805.
26. Schedule of fees prescribed by section 23- 908.
B. Notwithstanding subsection A, paragraph 23 of this section, at
such time as the federal highway administration authorizes the
privatization of rest areas, the state transportation board shall
make rules governing the lease or license by the department of
transportation to a private entity for the purposes of privatiza-tion
of a rest area.
C. Coincident with the making of a rule pursuant to an exemption
under this section, the agency shall file a copy of the rule with
the secretary of state for publication pursuant to section 41-
1012.
Arizona Administrative Code
Administrative Procedure Act
December 31, 2004 Page v Supp. 04- 4
D. Unless otherwise required by law, articles 2, 3, 4 and 5 of this
chapter do not apply to the Arizona board of regents and the
institutions under its jurisdiction, except that the Arizona
board of regents shall make policies or rules for the board and
the institutions under its jurisdiction which provide, as appro-priate
under the circumstances, for notice of and opportunity
for comment on the policies or rules proposed.
E. Unless otherwise required by law, articles 2, 3, 4 and 5 of this
chapter do not apply to the Arizona state schools for the deaf
and the blind, except that the board of directors of all the state
schools for the deaf and the blind shall adopt policies for the
board and the schools under its jurisdiction that provide, as
appropriate under the circumstances, for notice of and oppor-tunity
for comment on the policies proposed for adoption.
§ 41- 1006. Employees providing agency assistance; identifi-cation
and publication
Each state agency that employs more than one hundred persons
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 mem-bers
of the public or regulated community in seeking information or
assistance from the agency.
§ 41- 1007. Award of costs and fees against a department in
administrative hearings; exceptions; definitions
A. Except as provided in section 42- 2064, subsection G, a hearing
officer or administrative law judge shall award fees and other
costs to any prevailing party in a contested case or an appeal-able
agency action brought pursuant to any state administra-tive
hearing authority. For purposes of this subsection, a
person is considered to be a prevailing party only if both:
1. The agency’s position was not substantially justified.
2. The person prevails as to the most significant issue or set
of issues unless the reason that the person prevailed is due
to an intervening change in the law.
B. Reimbursement under this section may be denied if during the
course of the proceeding the party unduly and unreasonably
protracted the final resolution of the matter.
C. A party that seeks an award of fees or other costs shall apply to
the hearing officer or administrative law judge, within thirty
days after the final decision or order, providing:
1. Evidence of the party’s eligibility for the award.
2. The amount sought.
3. An itemized statement from the attorneys and experts
stating:
( a) The actual time spent representing the party.
( b) The rate at which the fees were computed.
D. The award of reasonable attorney fees pursuant to subsection
A of this section need not equal or relate to the attorney fees
actually paid or contracted, but an award may not exceed the
amount paid or agreed to be paid.
E. A decision of a hearing officer or administrative law judge
under this section is subject to judicial review. If fees and other
costs were denied by the hearing officer or administrative law
judge because the party was not the prevailing party but the
party prevails on appeal, the court may award fees and other
costs for the proceedings before the hearing officer or adminis-trative
law judge if the court finds that fees and other costs
should have been awarded under subsection A of this section.
F. The department shall pay the fees and costs awarded pursuant
to this section from any monies appropriated to the department
and available for that purpose, or from other operating costs of
the department. If the department fails or refuses to pay the
award within thirty days after the demand, and if no further
review or appeals of the award are pending, the person may
file a claim for the award with the department of administra-tion
which shall pay the claim within thirty days in the same
manner as an uninsured property loss under chapter 3.1, article
1 of this title, except that the department shall be responsible
for the total amount awarded and shall pay it from operating
monies. If the department had appropriated monies available
for paying the award at the time it failed or refused to pay, the
legislature shall reduce the department’s operating appropria-tion
for the following fiscal year by the amount of the award
and appropriate that amount to the department of administra-tion
as reimbursement for the loss.
G. This section does not apply to:
1. Any grievance and appeal procedure pursuant to title 36,
chapter 29.
2. Any appeal procedure pursuant to chapter 4, article 6 of
this title.
3. Any administrative appeal filed by an inmate in an Ari-zona
state prison.
H. As used in this section:
1. “ Department” includes a state agency, department, board
or commission, and the universities.
2. “ Party” includes an individual, partnership, corporation,
association and public or private organization.
§ 41- 1008. Fees; specific statutory authority
A. Beginning on July 1, 1999, except as provided in subsection C,
an agency shall not:
1. Charge or receive a fee or make a rule establishing a fee
unless the fee for the specific activity is expressly autho-rized
by statute or tribal state gaming compact.
2. Make a rule establishing a fee that is solely based on a
statute that generally authorizes an agency to recover its
costs or to accept gifts or donations.
B. Beginning on July 1, 1999, an agency shall identify the statute
or tribal state gaming compact that authorizes the fee on docu-ments
relating to collection of the fee.
C. An agency authorized by statute or tribal state gaming com-pact
to conduct background checks may charge a fingerprint
fee without a statute expressly authorizing the fee.
§ 41- 1009. Inspections; applicability
A. An agency inspector or regulator who enters any premises of a
regulated person for the purpose of conducting an inspection
shall:
1. Present photo identification on entry of the premises.
2. On initiation of the inspection, state the purpose of the
inspection and the legal authority for conducting the
inspection.
3. Disclose any applicable inspection fees.
4. Afford an opportunity to have an authorized on- site rep-resentative
of the regulated person accompany the agency
inspector or regulator on the premises, except during con-fidential
interviews.
5. Provide notice of the right to have:
( a) Copies of any original documents taken by the
agency during the inspection if the agency is permit-ted
by law to take original documents.
( b) A split of any samples taken during the inspection if
the split of any samples would not prohibit an analy-sis
from being conducted or render an analysis
inconclusive.
( c) Copies of any analysis performed on samples taken
during the inspection.
6. Inform each person whose conversation with the agency
inspector or regulator during the inspection is tape
recorded that the conversation is being tape recorded.
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Arizona Administrative Code
Administrative Procedure Act
7. Inform each person interviewed during the inspection that
statements made by the person may be included in the
inspection report.
B. On initiation of an inspection of any premises of a regulated
person, an agency inspector or regulator shall provide the fol-lowing
in writing:
1. The rights described in subsection A of this section.
2. The name and telephone number of a contact person
available to answer questions regarding the inspection.
3. The due process rights relating to an appeal of a final
decision of an agency based on the results of the inspec-tion,
including the name and telephone number of a per-son
to contact within the agency and any appropriate state
government ombudsman.
C. An agency inspector or regulator shall obtain the signature of
the regulated person or on- site representative of the regulated
person on the writing prescribed in subsection B of this section
indicating that the regulated person or on- site representative of
the regulated person has read the writing prescribed in subsec-tion
B of this section and is notified of the regulated person’s
or on- site representative of the regulated person’s inspection
and due process rights. The agency shall maintain a copy of
this signature with the inspection report and shall leave a copy
with the regulated person or on- site representative of the regu-lated
person. If a regulated person or on- site representative of
the regulated person is not at the site or refuses to sign the
writing prescribed in subsection B of this section, the agency
inspector or regulator shall note that fact on the writing pre-scribed
in subsection B of this section.
D. An agency that conducts an inspection shall give a copy of the
inspection report to the regulated person or on- site representa-tive
of the regulated person either:
1. At the time of the inspection.
2. Notwithstanding any other state law, within thirty work-ing
days after the inspection.
3. As otherwise required by federal law.
E. The inspection report shall contain deficiencies identified dur-ing
an inspection. Unless otherwise provided by law, the
agency may provide the regulated person an opportunity to
correct the deficiencies unless the agency determines that the
deficiencies are:
1. Committed intentionally.
2. Not correctable within a reasonable period of time as
determined by the agency.
3. Evidence of a pattern of noncompliance.
4. A risk to any person, the public health, safety or welfare
or the environment.
F. If the agency allows the regulated person an opportunity to
correct the deficiencies pursuant to subsection E of this sec-tion,
the regulated person shall notify the agency when the
deficiencies have been corrected. Within thirty days of receipt
of notification from the regulated person that the deficiencies
have been corrected, the agency shall determine if the regu-lated
person is in substantial compliance and notify the regu-lated
person whether or not the regulated person is in
substantial compliance. If the regulated person fails to correct
the deficiencies or the agency determines the deficiencies have
not been corrected within a reasonable period of time, the
agency may take any enforcement action authorized by law for
the deficiencies.
G. An agency decision pursuant to subsection E or F of this sec-tion
is not an appealable agency action.
H. At least once every month after the commencement of the
inspection an agency shall provide a regulated person with an
update on the status of any agency action resulting from an
inspection of the regulated person. An agency is not required
to provide an update after the regulated person is notified that
no agency action will result from the agency inspection or
after the completion of agency action resulting from the
agency inspection.
I. This section does not authorize an inspection or any other act
that is not otherwise authorized by law.
J. This section applies only to inspections necessary for the issu-ance
of a license or to determine compliance with licensure
requirements. This section does not apply:
1. To criminal investigations, investigations under tribal
state gaming compacts and undercover investigations that
are generally or specifically authorized by law.
2. If the inspector or regulator has reasonable suspicion to
believe that the regulated person may be engaged in crim-inal
activity.
3. To the Arizona peace officer standards and training board
established by section 41- 1821.
K. If an inspector or regulator gathers evidence in violation of this
section, the violation shall not be a basis to exclude the evi-dence
in a civil or administrative proceeding, if the penalty
sought is the denial, suspension or revocation of the regulated
person’s license or a civil penalty of more than one thousand
dollars.
L. Failure of an agency, board or commission employee to com-ply
with this section:
1. Constitutes cause for disciplinary action or dismissal in
accordance with section 41- 770.
2. Shall be considered by the judge and administrative law
judge as grounds for reduction of any fine or penalty.
M. An agency may make rules to implement subsection A, para-graph
5 of this section.
N. Nothing in this section shall be used to exclude evidence in a
criminal proceeding.
§ 41- 1010. Complaints; public record
Notwithstanding any other law, a person shall disclose the person’s
name during the course of reporting an alleged violation of law or
rule. During the course of an investigation or enforcement action,
the name of the complainant shall be a public record unless the
affected agency determines that the release of the complainant’s
name may result in substantial harm to any person or to the public
health or safety.
ARTICLE 2. PUBLICATION OF AGENCY RULES
§ 41- 1011. Publication and distribution of code and register
A. The secretary of state is responsible for the publication and
distribution of the code and the register.
B. The secretary of state shall prescribe a uniform numbering sys-tem,
form and style for all rules filed with and published by
that office. The secretary of state shall reject rules if they are
not in compliance with the prescribed numbering system, form
and style.
C. The secretary of state shall prepare, arrange and correlate all
rules and other text as necessary for the publication of the code
and the register. The secretary of state may not alter the sense,
meaning or effect of any rule but may renumber rules and parts
of rules, rearrange rules, change reference numbers to agree
with renumbered rules and parts of rules, substitute the proper
rule number for “ the preceding rule” and similar terms, delete
figures if they are merely a repetition of written words, change
capitalization for the purpose of uniformity and correct mani-fest
clerical or typographical errors. With the consent of the
attorney general the secretary of state may remove from the
code a provision of a rule that a court of final appeal declares
unconstitutional or otherwise invalid and a rule made by an
agency that is abolished if the rule is not transferred to a suc-cessor
agency.
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Administrative Procedure Act
December 31, 2004 Page vii Supp. 04- 4
§ 41- 1012. Code; publication of rules; distribution
A. The code shall contain the full text of each final rule filed with
the secretary of state and each rule made pursuant to a statu-tory
exemption from the applicability of this chapter.
B. The secretary of state shall publish, in loose- leaf form, at least
once every quarter all final rules and rules made pursuant to a
statutory exemption from the applicability of this chapter. Pub-lication
of a rule by the secretary of state as provided in this
section constitutes prima facie evidence of the making and fil-ing
of the rule pursuant to this chapter or the making of the
rule pursuant to a statutory exemption from the applicability of
this chapter.
C. The secretary of state may contract for the printing of the code
on terms most advantageous to this state.
D. The code shall be available by subscription and for single copy
purchase. The charge for each code or periodic subscription
shall be a reasonable charge, not to exceed all costs of produc-tion
and distribution of the code.
§ 41- 1013. Register
A. The secretary of state shall publish the register at least once
each month, including the information which is provided
under subsection B of this section and which is filed with the
secretary of state during the preceding thirty days. The secre-tary
of state shall publish an index to the register at least twice
each year.
B. The register shall contain:
1. A schedule of the time, date and place of all hearings on
proposed repeals, makings or amendments of rules.
2. Each governor’s executive order.
3. Each governor’s proclamation of general applicability,
and each statement filed by the governor in granting a
commutation, pardon or reprieve or stay or suspension of
execution where a sentence of death is imposed.
4. A summary of each attorney general’s opinion.
5. Each governor’s appointment of state officials and board
and commission members.
6. A table of contents.
7. The notice and agency summary of each docket opening.
8. The full text and accompanying preamble of each pro-posed
rule.
9. The full text and accompanying preamble of each final
rule.
10. The full text and accompanying preamble of each emer-gency
rule.
11. Supplemental notices of a proposed rule or summary rule.
12. A summary of council action on each rule.
13. The full text of any exempt final rule filed with the secre-tary
of state pursuant to section 41- 1005, subsection C.
14. The identification and a summary of substantive policy
statements and notice and a summary of any guidance
document publication or revision submitted by an agency.
15. Notices of oral proceedings, public workshops or other
meetings on an open rule making docket.
C. The register shall be available by subscription and for single
copy purchase. The charge for each register or periodic sub-scription
shall be a reasonable charge, not to exceed all costs
of production and distribution of the register.
D. For purposes of this section, full text publication in the register
includes all new, amended or added language and such exist-ing
language as the proposing agency deems necessary for a
proper understanding of the proposed rule. Rules that are
undergoing extensive revision may be reprinted in whole.
Existing rule language not required for understanding shall be
omitted and marked “ no change”.
ARTICLE 3. RULE MAKING
§ 41- 1021. Public rule making docket; notice
A. Each agency shall establish and maintain a current, public rule
making docket for each pending rule making proceeding. A
rule making proceeding is pending from the time the agency
begins to consider proposing the rule under section 41- 1022
until any one of the following occurs:
1. The time the rule making proceeding is terminated by the
agency indicating in the rule making docket that the
agency is no longer actively considering proposing the
rule.
2. One year after the notice of rule making docket opening
is published in the register if the agency has not filed a
notice of the proposed rule making with the secretary of
state pursuant to section 41- 1022.
3. The rule becomes effective.
4. One year after the notice of the proposed rule making is
published in the register if the agency has not submitted
the rule to the council for review and approval.
5. Publication of a notice of termination.
B. For each rule making proceeding, the docket shall indicate all
of the following:
1. The subject matter of the proposed rule.
2. A citation to all published notices relating to the proceed-ing.
3. The name and address of agency personnel with whom
persons may communicate regarding the rule.
4. Where written submissions on the proposed rule may be
inspected.
5. The time during which written submissions may be made
and the time and place where oral comments may be
made.
6. Where a copy of the economic, small business and con-sumer
impact statement and the minutes of the pertinent
council meeting may be inspected.
7. The current status of the proposed rule.
8. Any known timetable for agency decisions or other action
in the proceeding.
9. The date the rule was sent to the council.
10. The date of the rule’s filing and publication.
11. The date the rule was approved by the council.
12. When the rule will become effective.
C. The agency shall provide public notice of the establishment of
a rule making docket by causing a notice of docket opening to
be published in the register, including the information set forth
in subsection B, paragraphs 1, 2, 3, 5 and 8 of this section.
D. An agency may appoint formal advisory committees to com-ment,
before publication of a notice of proposed rule making
under section 41- 1022, on the subject matter of a possible rule
making under active consideration within the agency. The
membership of these committees shall be published at the time
of formation and annually thereafter in the register. Members
of these committees are not eligible to receive compensation
except as otherwise provided by law.
§ 41- 1021.01. Permissive examples
An agency may include a diagram, example, table, chart or formula
in a rule, preamble, economic impact, small business and consumer
impact statement or concise explanatory statement to the extent that
it assists in making the document understandable by the persons
affected by the rule.
§ 41- 1021.02. State agencies; annual regulatory agenda
A. On or before December 1 of each year, each agency, except for
a self- supporting regulatory board as defined in section 41-
1092, shall prepare and make available to the public the regu-
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Arizona Administrative Code
Administrative Procedure Act
latory agenda that the agency expects to follow during the next
calendar year.
B. The regulatory agenda shall include all of the following:
1. A notice of docket openings.
2. A notice of any proposed rule making, including potential
sources of federal funding for each proposed rule making.
3. A review of existing rules.
4. A notice of a final rule making.
C. The regulatory agenda shall also provide for the following
information:
1. Any rule making terminated during the current calendar
year.
2. Any privatization option and nontraditional regulatory
approach being considered by the agency.
D. This section does not prohibit an agency from undertaking any
rule making action even if that action has not been included in
the agency’s annual regulatory agenda.
§ 41- 1022. Notice of proposed rule making, amendment or
repeal; contents of notice
A. Before rule making, amendment or repeal, the agency shall file
a notice of the proposed action with the secretary of state. The
notice shall include:
1. The preamble.
2. The exact wording of the rule.
B. The secretary of state shall include in the next edition of the
register the information in the notice under subsection A of
this section.
C. At the same time the agency files a notice of the proposed rule
making with the secretary of state, the agency shall notify by
regular mail, telefacsimile or electronic mail each person who
has made a timely request to the agency for notification of the
proposed rule making and to each person who has requested
notification of all proposed rule makings. An agency may pro-vide
the notification prescribed in this subsection in a periodic
agency newsletter. An agency may purge its list of persons
requesting notification of proposed rule makings once each
year.
D. Before commencing any proceedings for rule making, amend-ment
or repeal, an agency shall allow at least thirty days to
elapse after the publication date of the register in which the
notice of the proposed rule making, amendment or repeal is
contained.
E. If, as a result of public comments or internal review, an agency
determines that a proposed rule requires substantial change
pursuant to section 41- 1025, the agency shall issue a supple-mental
notice containing the changes in the proposed rule. The
agency shall provide for additional public comment pursuant
to section 41- 1023.
§ 41- 1023. Public participation; written statements; oral
proceedings
A. After providing notice of docket openings, an agency may
meet informally with any interested party for the purpose of
discussing the proposed rule making action. The agency may
solicit comments, suggested language or other input on the
proposed rule. The agency may publish notice of these meet-ings
in the register.
B. For at least thirty days after publication of the notice of the
proposed rule making, an agency shall afford persons the
opportunity to submit in writing statements, arguments, data
and views on the proposed rule, with or without the opportu-nity
to present them orally.
C. An agency shall schedule an oral proceeding on a proposed
rule if, within thirty days after the published notice of pro-posed
rule making, a written request for an oral proceeding is
submitted to the agency personnel listed pursuant to section
41- 1021, subsection B.
D. An oral proceeding on a proposed rule may not be held earlier
than thirty days after notice of its location and time is pub-lished
in the register. The agency shall determine a location
and time for the oral proceeding which affords a reasonable
opportunity to persons to participate. The oral proceeding shall
be conducted in a manner that allows for adequate discussion
of the substance and the form of the proposed rule, and per-sons
may ask questions regarding the proposed rule and
present oral argument, data and views on the proposed rule.
E. The agency, a member of the agency or another presiding
officer designated by the agency shall preside at an oral pro-ceeding
on a proposed rule. If the agency does not preside, the
presiding official shall prepare a memorandum for consider-ation
by the agency summarizing the contents of the presenta-tions
made at the oral proceeding. Oral proceedings must be
open to the public and recorded by stenographic or other
means.
F. Each agency may make rules for the conduct of oral rule mak-ing
proceedings. Those rules may include provisions calcu-lated
to prevent undue repetition in the oral proceedings.
§ 41- 1024. Time and manner of rule making
A. An agency may not submit a rule to the council until the rule
making record is closed.
B. Within one hundred twenty days after the close of the record
on the proposed rule making, an agency shall take one of the
following actions:
1. Submit the rule to the council, or, if the rule is exempt
pursuant to section 41- 1057, to the attorney general.
2. Terminate the proceeding by publication of a notice to
that effect in the register.
C. Before submitting a rule to the council or the attorney general,
an agency shall consider the written submissions, the oral sub-missions
or any memorandum summarizing oral submissions
and the economic, small business and consumer impact state-ment
regarding the rule or information in the preamble.
D. Within the scope of its delegated authority, an agency may use
its own experience, technical competence, specialized knowl-edge
and judgment in the making of a rule.
E. Unless exempted by section 41- 1005 or 41- 1057 or unless the
rule is an emergency rule made pursuant to section 41- 1026, if
the agency chooses to make the rule, the agency shall submit a
rule package to the council and to the committee. The rule
package shall include:
1. The preamble.
2. The exact words of the rule, including existing language
and any deletions.
3. The economic, small business and consumer impact
statement.
F. If the rule is exempt pursuant to section 41- 1005, the agency
shall file it as a final rule with the secretary of state.
G. If the rule is exempt from council approval, pursuant to section
41- 1057, the agency shall submit the rule package set forth in
subsection E of this section to the attorney general for
approval pursuant to section 41- 1044.
H. An agency shall not file a final rule with the secretary of state
without prior approval from the council, unless the final rule is
exempted pursuant to section 41- 1005 or 41- 1057 or the rule is
an emergency rule made pursuant to section 41- 1026 or a sum-mary
proposed rule made pursuant to section 41- 1027.
§ 41- 1025. Variance between rule and published notice of
proposed rule
A. An agency may not submit a rule to the council that is substan-tially
different from the proposed rule contained in the notice
Arizona Administrative Code
Administrative Procedure Act
December 31, 2004 Page ix Supp. 04- 4
of proposed rule making or a supplemental notice filed with
the secretary of state pursuant to section 41- 1022. However, an
agency may terminate a rule making proceeding and com-mence
a new rule making proceeding for the purpose of mak-ing
a substantially different rule.
B. In determining whether a rule is substantially different from
the published proposed rule on which it is required to be
based, all of the following must be considered:
1. The extent to which all persons affected by the rule
should have understood that the published proposed rule
would affect their interests.
2. The extent to which the subject matter of the rule or the
issues determined by that rule are different from the sub-ject
matter or issues involved in the published proposed
rule.
3. The extent to which the effects of the rule differ from the
effects of the published proposed rule if it had been made
instead.
§ 41- 1026. Emergency rule making, amendment or repeal
A. If an agency makes a finding that a rule is necessary as an
emergency measure, the rule may be made, amended or
repealed as an emergency measure, without the notice pre-scribed
by sections 41- 1021 and 41- 1022 and prior review by
the council, if the rule is first approved by the attorney general
and filed with the secretary of state. The attorney general may
not approve the making, amendment or repeal of a rule as an
emergency measure if the emergency situation is created due
to the agency’s delay or inaction and the emergency situation
could have been averted by timely compliance with the notice
and public participation provisions of this chapter, unless the
agency submits substantial evidence that the rule is necessary
as an emergency measure to do any of the following:
1. Protect the public health, safety or welfare.
2. Comply with deadlines in amendments to an agency’s
governing law or federal programs.
3. Avoid violation of federal law or regulation or other state
law.
4. Avoid an imminent budget reduction.
5. Avoid serious prejudice to the public interest or the inter-est
of the parties concerned.
B. Within sixty days of receipt, the attorney general shall review
the demonstration of emergency and the rule in accordance
with the standards prescribed in section 41- 1044.
C. After the rule is filed with the secretary of state, the secretary
of state shall publish the rule in the register as provided in sec-tion
41- 1013.
D. A rule made, amended or repealed pursuant to this section is
valid for one hundred eighty days after the filing of the rule
with the secretary of state and may be renewed for one more
one hundred eighty day period if all of the following occur:
1. The agency determines that the emergency situation still
exists.
2. The agency follows the procedures prescribed in this sec-tion.
3. The rule is approved by the attorney general pursuant to
this section.
4. The agency has issued the rule as a proposed rule or has
issued an alternative proposed rule pursuant to section
41- 1022.
5. The agency seeks approval of the renewal from the attor-ney
general before the expiration of the preceding one
hundred eighty day period.
6. The agency files notice of the renewal and any required
attorney general approval with the secretary of state and
notice is published in the register.
E. A rule that is made pursuant to this chapter and that replaces a
rule made, amended or repealed pursuant to this section shall
expressly repeal the rule replaced if it has not expired.
§ 41- 1026.01. Emergency adoption, amendment or termina-tion
of delegation agreements; definition
A. If a delegating agency makes a written finding that a delega-tion
agreement is necessary as an emergency measure, the del-egation
agreement may be adopted, amended or terminated as
an emergency measure, without complying with the public
notice and participation provisions of this article. An agency
may not adopt, amend or terminate a delegation agreement as
an emergency measure if the emergency situation is created
due to the agency’s delay or inaction and the emergency situa-tion
could have been averted by timely compliance with the
public notice and participation provisions of this article, unless
the agency can present substantial evidence that failure to
adopt, amend or terminate the delegation agreement as an
emergency measure will result in imminent substantial peril to
the public health, safety or welfare.
B. The agency shall file with the secretary of state a summary of
the emergency delegation agreement. The summary shall pro-vide
the name of the person to contact in the agency with ques-tions
or comments. The secretary of state shall publish the
summary in the next register.
C. The delegation agreement adopted, amended or terminated
pursuant to this section is valid for one hundred eighty days
after the filing of the agreement with the secretary of state and
may be renewed for one or two more one hundred eighty day
periods if all of the following occur:
1. The agency determines that the emergency situation still
exists for each renewal.
2. The agency follows the procedures prescribed by this sec-tion
for each renewal.
3. The agency has begun the public comment and participa-tion
process required by this section.
4. The agency makes a finding for an extension of time
before the expiration of the preceding one hundred and
eighty day period.
5. The agency files notice of the renewal with the secretary
of state and notice is published in the register.
D. For purposes of this section, “ emergency” means a situation
which warrants the adoption of a delegation agreement with-out
compliance with the public notice and participation provi-sions
prescribed in this article because the adoption,
amendment or termination of the delegation agreement is nec-essary
for immediate preservation of the public health, safety
or welfare, and the public notice and participation require-ments
of this article are impracticable.
§ 41- 1027. Summary rule making
A. An agency may use the summary rule making procedure set
forth in this section in place of the rule making procedure set
forth in sections 41- 1021 through 41- 1024 for the following
actions:
1. Repeals of rules made obsolete by repeal or supersession
of an agency’s statutory authority.
2. Making, amendment and repeal of rules that repeat verba-tim
existing statutory authority granted to the agency.
B. An agency shall initiate summary rule making by filing the
proposed summary rule with the council and the secretary of
state for publication in the next register. The notice filed with
the secretary of state shall include the preamble.
C. The agency shall forward copies of the notice filed with the
secretary of state pursuant to subsection B of this section to the
council.
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Arizona Administrative Code
Administrative Procedure Act
D. The proposed summary rule takes interim effect on the date of
publication in the register.
E. Within ninety days after publication in the register, after con-sideration
of any comments, the agency shall submit to the
council a summary rule, preamble, concise explanatory state-ment
and economic, small business and consumer impact
statement.
F. The summary rule making procedures of this section are not
available for rules exempted from council approval pursuant to
section 41- 1057.
§ 41- 1028. Incorporation by reference
A. An agency may incorporate by reference in its rules, and with-out
publishing the incorporated matter in full, all or any part of
a code, standard, rule or regulation of an agency of the United
States or of this state or a nationally recognized organization
or association, if incorporation of its text in agency rules
would be unduly cumbersome, expensive or otherwise inexpe-dient.
B. The reference in the agency rules shall fully identify the incor-porated
matter by location, date and otherwise and shall state
that the rule does not include any later amendments or editions
of the incorporated matter.
C. An agency may incorporate by reference such matter in its
rules only if the agency, organization or association originally
issuing that matter makes copies of it readily available to the
public for inspection and reproduction.
D. The rules shall state where copies of the incorporated matter
are available from the agency issuing the rule and from the
agency of the United States or this state or the organization or
association originally issuing the matter.
E. An agency may incorporate later amendments or editions of
the incorporated matter only after compliance with the rule
making requirements of this chapter.
§ 41- 1029. Agency rule making record
A. An agency shall maintain an official rule making record for
each rule it proposes by publication in the register of a notice
of proposed rule making and each final rule filed in the office
of the secretary of state. The record and matter incorporated by
reference must be available for public inspection.
B. The agency rule making record shall contain all of the follow-ing:
1. A copy of the notice initially filed in the office of the sec-retary
of state.
2. Copies of all publications in the register with respect to
the rule or the proceeding on which the rule is based.
3. Copies of any portions of the agency’s rule making
docket containing entries relating to the rule or the pro-ceeding
on which the rule is based.
4. All written petitions, requests, submissions and com-ments
received by the agency and all other written mate-rials
considered or prepared by the agency in connection
with the rule or the proceeding on which the rule is based.
5. Any official transcript of oral presentations made in the
proceeding on which the rule is based, or if not tran-scribed,
any tape recording or stenographic record of
those presentations, and any memorandum prepared by a
presiding official summarizing the contents of those pre-sentations.
6. A copy of all materials submitted to the council, includ-ing
the economic, small business and consumer impact
statement and the minutes of the council meeting at
which the rule was reviewed.
7. A copy of the final rule and preamble.
8. Information requested regarding the experience, technical
competence, specialized knowledge and judgment of an
agency if the agency relies on section 41- 1024, subsec-tion
D in the making of a rule and a request is made.
C. On judicial review, the record required by this section consti-tutes
the official agency rule making record with respect to a
rule. Except as provided in section 41- 1036 or otherwise
required by a provision of law, the agency rule making record
need not constitute the exclusive basis for agency action on
that rule or for judicial review of that rule.
§ 41- 1030. Invalidity of rules not made according to this
chapter; prohibited agency action
A. A rule is invalid unless it is made and approved in substantial
compliance with sections 41- 1021 through 41- 1029 and arti-cles
4, 4.1 and 5 of this chapter, unless otherwise provided by
law.
B. An agency shall not base a licensing decision in whole or in
part on a licensing requirement or condition that is not specifi-cally
authorized by statute, rule or state tribal gaming compact.
A general grant of authority in statute does not constitute a
basis for imposing a licensing requirement or condition unless
a rule is made pursuant to that general grant of authority that
specifically authorizes the requirement or condition.
C. An agency shall not:
1. Make a rule under a specific grant of rule making author-ity
that exceeds the subject matter areas listed in the spe-cific
statute authorizing the rule.
2. Make a rule under