What is a rulemaking?
The term "rulemaking" refers to the process of adopting rules, as well the document that an agency files with the Secretary of State to update the agency’s rules in the Arizona Administrative Code. Rulemakings are governed by the state’s Administrative Procedure Act (APA), the Secretary of State’s rules and publication guidelines, as well as the Council’s own rules.
What are the steps involved in making a rule?
Council staff has developed flowcharts illustrating (1) the Regular Rulemaking process, (2) the Expedited Rulemaking process, and (3) the Rule Expiration process. The flow charts can be found here.
Where can I find copies of existing rules?
The official rules of the state of Arizona are published by the Secretary of State and can be found in the Arizona Administrative Code.
Where can I find copies of rules proposed by agencies?
Agencies file proposed rules with the Secretary of State, copies of which are published in the Arizona Administrative Register. The Administrative Register is state’s official publication for the tracking of rulemaking activity by agencies.
How can I comment on a rule proposed by an agency?
Written comments can easily be submitted via the Council's Contact Us page, or may be sent directly to an agency. If you are interested in submitting comments to an agency, please consult their website for procedures.
How does the Council decide whether a rulemaking should be approved?
Under A.R.S. § 41-1052(D), The Council shall not approve a rule unless:
1. The economic, small business and consumer impact statement contains information from the state, data and analysis prescribed by this article.
2. The economic, small business and consumer impact statement is generally accurate.
3. The probable benefits of the rule outweigh within this state the probable costs of the rule and the agency has demonstrated that it has selected the alternative that 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.
4. The rule is written in a manner that is clear, concise and understandable to the general public.
5. The rule is not illegal, inconsistent with legislative intent or beyond the agency's statutory authority.
6. The agency adequately addressed, in writing, the comments on the proposed rule and any supplemental proposals.
7. The rule is not a substantial change, considered as a whole, from the proposed rule and any supplemental notices.
8. The preamble discloses a reference to any study relevant to the rule that the agency reviewed and either did or did not rely on in the agency's evaluation of or justification for the rule.
9. The rule is not more stringent than a corresponding federal law unless there is statutory authority to exceed the requirements of that federal law.
10. If a rule requires a permit, the permitting requirement complies with section 41-1037.