41-1001

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 authority of the agency head, whether created under the
Constitution 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 political 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 administrative 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
permitted by law, other than this chapter, to be determined by an agency after an
opportunity for an administrative hearing.

5. "Council" means the governor's regulatory review council.

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 intergovernmental 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 chapter 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. "General permit" means a regulatory permit, license or agency authorization that
is for facilities, activities or practices in a class that are substantially similar in
nature and that is issued or granted by an agency to a qualified applicant to conduct
identified operations or activities if the applicant meets the applicable requirements of
the general permit, that requires less information than an individual or traditional
permit, license or authorization and that does not require a public hearing.

11. "License" includes the whole or part of any agency permit, certificate,
approval, registration, charter or similar form of permission required by law, but it
does not include a license required solely for revenue purposes.

12. "Licensing" includes the agency process respecting the grant, denial, renewal,
revocation, suspension, annulment, withdrawal or amendment of a license.

13. "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.

14. "Person" means an individual, partnership, corporation, association,
governmental subdivision or unit of a governmental subdivision, a public or private
organization of any character or another agency.

15. "Preamble" means:

(a) For any rule making subject to this chapter, a statement 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
regarding 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 evaluation 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 necessary to promote a statewide
interest if the rule will diminish a previous grant of authority of a political
subdivision of this state.

(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 subdivision (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 proposed 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 subdivision (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 justified.

(d) For a final rule, except an emergency rule, the preamble also shall include, in
addition to the information 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 proposed 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 subdivision (a) of this paragraph,
for an emergency rule, the preamble also shall include an explanation of the situation
justifying the rule being made as an emergency rule, the date of the attorney general's
approval of the rule and a statement of the emergency rule's effective date.

16. "Provision of law" means the whole or a part of the federal or state
constitution, or of any federal or state statute, rule of court, executive order or rule
of an administrative agency.

17. "Register" means the Arizona administrative register.

18. "Rule" means an agency statement of general applicability 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.

19. "Rule making" means the process for formulation and finalization of a rule.

20. "Small business" means a concern, including its affiliates, 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 organizations.

21. "Substantive policy statement" means a written expression which informs the
general public of an agency's current 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
appropriate, the agency's current practice, procedure or method of action based upon that
approach or opinion. A substantive policy statement is advisory only. A substantive
policy 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.

22. "Summary rule" means a rule that is made pursuant to section 41-1027.