Five-year review reports are a concise written analysis of an agency’s administrative rules. Every five years, agencies must submit reports to the Council for review and approval. In the process of reviewing its rules for compliance with A.R.S. § 41-1056(A), the agency may discover issues with its rules, such as inconsistencies with statute or outdated terminology. The agency then develops a proposed course of action to address issues raised in the report. Council staff has developed a flowchart illustrating the Five-Year Review process which can be found here.
Council staff reviews the report according to the criteria provided in A.R.S. § 41-1056(A) and A.A.C. R1-6-301. Under A.R.S. § 41-1056(C), the Council shall not approve a report unless it complies with A.R.S. § 41-1056(A), which requires reports to include a concise analysis of all of the following:
- The rule's effectiveness in achieving its objectives, including a summary of any available data supporting the conclusions reached.
- Written criticisms of the rule received during the previous five years, including any written analyses submitted to the agency questioning whether the rule is based on valid scientific or reliable principles or methods.
- Authorization of the rule by existing statutes.
- Whether the rule is consistent with statutes or other rules made by the agency and current agency enforcement policy.
- The clarity, conciseness and understandability of the rule.
- The estimated economic, small business and consumer impact of the rules as compared to the economic, small business and consumer impact statement prepared on the last making of the rules.
- Any analysis submitted to the agency by another person regarding the rule's impact on this state's business competitiveness as compared to the competitiveness of businesses in other states.
- If applicable, that the agency completed the previous five-year review process.
- A determination that the probable benefits of the rule outweigh within this state the probable costs of the rule, and the rule imposes the least burden and costs to persons regulated by the rule, including paperwork and other compliance costs, necessary to achieve the underlying regulatory objective.
- A determination that the rule is not more stringent than a corresponding federal law unless there is statutory authority to exceed the requirements of that federal law.
- For rules adopted after July 29, 2010 that require the issuance of a regulatory permit, license or agency authorization, whether the rule complies with section 41-1037.
Yes. Under A.R.S. § 41-1056(D), the Council may review rules outside of the five-year review process if requested by at least four Council members.