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Office of Administrative Counsel & Rules

Rulemaking Process

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

Regular Rulemaking Process

The Arizona Department of Health Services conducts regular rulemaking according to the requirements in A.R.S § Title 41, Chapter 6. In general:

  • Arizona Department of Health Services
    • Rule Drafting
      • Obtains an exception to the Governor's rulemaking moratorium to draft new rules
      • Files a Notice of Rulemaking Docket Opening with the Secretary of State
      • Meets internally to determine Department policy
      • Drafts new rules
      • Posts draft rules for comment
      • Meets with interested persons, persons regulated by the rules, persons not regulated but affected by the rules, and other agencies
      • Revises draft based on comments received
      • Post revised draft for comments
      • May form a rules committee or work group to review draft rules
      • May revise draft rules based on comments received
      • Drafts an economic impact statement (EIS)
    • Formal Rulemaking
      • Files a Notice of Proposed Rulemaking with the Secretary of State
      • Holds one or more oral proceedings no sooner than 30 days after publication of the Notice of Proposed Rulemaking
      • May receive public comments (written/oral), make changes to the proposed rules, and finalize the EIS
      • Submits a Notice of Final Rulemaking to the Governor's Regulatory Review Council for approval
      • After a rulemaking has been approved by the Governor's Regulatory Review Council, submits Notice of Final Rulemaking to Secretary of State
  • Governor's Regulatory Review Council
    • Reviews and comments on final rulemaking
    • Holds regularly scheduled public meetings to review final rulemakings
  • Arizona Secretary of State
    • Publishes Notice of Rulemaking Docket Opening in the Arizona Administrative Register
    • Publishes Notice of Proposed Rulemaking in the Arizona Administrative Register
    • Publishes Notice of Final Rulemaking in the Arizona Administrative Register
    • Publishes the final rules in the Arizona Administrative Code

Exempt Rulemaking Process

The Arizona Department of Health Services is exempt from the rulemaking requirements in A.R.S § Title 41, Chapter 6 only if authorized by a specific statute or bill. When the Department conducts an exempt rulemaking:

  • Arizona Department of Health Services
    • Obtains an exception to the Governor's rulemaking moratorium to draft new rules
    • Meets internally to determine Department policy and review session law, as applicable
    • Drafts new rules
    • May meet with interested persons, persons regulated by the rules, persons not regulated but affected by the rules, and other agencies to review draft rules
    • May revise draft rules based on comments received
    • May file a Notice of Public Information with the Secretary of State
    • May post draft rules for comments
    • May re-draft rules based on additional comments received
    • Files Notice of Exempt Rulemaking with the Secretary of State
  • Arizona Secretary of State
    • Publishes Notice of Public Information in Arizona Administrative Register
    • Publishes Notice of Exempt Rulemaking in the Arizona Administrative Register
    • Publishes exempt rules in the Arizona Administrative Code

Emergency Rulemaking Process

The Arizona Department of Health Services 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
    • Obtains an exception to the Governor's rulemaking moratorium to draft new rules
    • Meets internally to determine Department policy or case law, as applicable
    • Drafts new rules
    • May post draft rules for comment
    • May revise draft rules based on comments received
    • Submits Notice of Emergency Rulemaking to Attorney General's Office
  • Arizona Attorney General
    • Reviews and approves Notice of Emergency Rulemaking
    • Files Notice of Emergency Rulemaking with the Secretary of State
  • Arizona Secretary of State
    • Publishes Notice of Emergency Rulemaking in the Arizona Administrative Register
    • Publishes the emergency rules in the Arizona Administrative Code
  • Arizona Department of Health Services
    • Completes 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

The Arizona Department of Health Services 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.