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Office of Administrative Counsel & Rules

Rulemaking Process

  • Regular Rulemaking
  • Exempt Rulemaking
  • Emergency Rulemaking
  • Expedited Rulemaking

Regular Rulemaking Process

  • Arizona Department of Health Services
    • Rule Drafting
      • Obtain exception to the Governor's rulemaking moratorium to draft new rules
      • File a Notice of Rulemaking Docket Opening with the Secretary of State
      • Meet internally to determine Department policy
      • Draft revised rules
      • Post draft rules for comment
      • Meet with interested persons, persons regulated by the rules, persons not regulated but affected by the rules, and other agencies
      • Revise draft based on comments received
      • Post revised draft for comments
      • May form a rules committee or work group to review draft rules
      • Revise draft rules based on comments received
      • Draft economic impact statement (EIS)
    • Formal Rulemaking
      • File a Notice of Proposed Rulemaking with the Secretary of State
      • Hold oral proceedings no sooner than 30 days after publication of the Notice of Proposed Rulemaking
      • Receive public comments (written/oral), make changes to the proposed rules, and finalize the EIS
      • Submit a Notice of Final Rulemaking to the Governor's Regulatory Review Council for approval
  • Governor's Regulatory Review Council
    • Review and comment on final rulemaking
    • Hold regularly scheduled public meetings to review final rulemakings
    • Submit approved Notices of Final Rulemaking to the Secretary of State
  • Arizona Secretary of State
    • Publish Notice of Rulemaking Docket Opening in the Arizona Administrative Register
    • Publish Notice of Proposed Rulemaking in the Arizona Administrative Register
    • Publish Notice of Final Rulemaking in the Arizona Administrative Register
    • Publish the final rules in the Arizona Administrative Code

Exempt Rulemaking Process

Rules are exempt from the rulemaking requirements in A.R.S § Title 41, Chapter 6 only if authorized by a specific statute or A.R.S. § 41-1005.

  • Arizona Department of Health Services
    • Obtain exception to the Governor's rulemaking moratorium to draft new rules
    • Meet internally to determine Department policy and review session law, as applicable
    • Draft revised rules
    • Post draft rules for comment
    • Meet with interested persons, persons regulated by the rules, persons not regulated but affected by the rules, and other agencies
    • Revise draft based on comments received
    • Post revised draft for comments
    • May form a rules committee or work group to review draft rules
    • Revise draft rules based on comments received
    • File a Notice of Public Information with the Secretary of State
    • Post draft rules for comments
    • Re-draft rules based on additional comments received
    • File Notice of Exempt Rulemaking with the Secretary of State
  • Arizona Secretary of State
    • Publish Notice of Public Information in Arizona Administrative Register
    • Publish Notice of Exempt Rulemaking in the Arizona Administrative Register
    • Publish exempt rules in the Arizona Administrative Code

Emergency Rulemaking Process

An agency may make a finding that a rule is necessary as an emergency measure according to A.R.S. § 41-1026

  • Arizona Department of Health Services
    • Obtain exception to the Governor's rulemaking moratorium to draft new rules
    • Meet internally to determine Department policy or case law, as applicable
    • Draft revised rules
    • Revised draft rules based on comments received
    • Submit Notice of Emergency Rulemaking to Attorney General's Office
  • Arizona Attorney General
    • Review and approve Notice of Emergency Rulemaking
    • Files Notice of Emergency Rulemaking with the Secretary of State
  • Arizona Secretary of State
    • Publish Notice of Emergency Rulemaking in the Arizona Administrative Register
    • Publish the emergency rules in the Arizona Administrative Code
  • Arizona Department of Health Services
    • The Department will complete a regular rulemaking within 180 days after the Attorney General files the Notice of Emergency Rulemaking with the Secretary of State or submit a new Notice of Emergency Rulemaking..

Expedited Rulemaking Process

An agency may conduct expedited rulemaking according to A.R.S. § 41-1027 if the rulemaking does not increase the cost of regulatory compliance, increase a fee or reduce procedural rights of persons regulated, and helps to correct or simplify existing rules.