Vol. 25, Issue 25 Administrative Register Contents .

3y ago
45 Views
2 Downloads
1.73 MB
101 Pages
Last View : 22d ago
Last Download : 3m ago
Upload by : Ryan Jay
Transcription

ArizonaSecretary ofStateDigitally signedby ArizonaSecretary ofStateDate:2019.06.2411:23:40 -07'00'Vol. 25, Issue 25 Administrative Register Contents June 21, 2019Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1478Rulemaking Guide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1479RULES AND RULEMAKINGProposed Rulemaking, Notices of2 A.A.C. 11 Department of Administration - Public Buildings Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148113 A.A.C. 1 Department of Public Safety - Criminal Identification Section. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148318 A.A.C. 12 Department of Environmental Quality - Underground Storage Tanks . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1485Final Expedited Rulemaking, Notices of9 A.A.C. 8 Department of Health Services - Food, Recreational, and Institutional Sanitation . . . . . . . . . . . . . . . . . . . . . 1547Final Exempt Rulemaking, Notices of7 A.A.C. 2 State Board of Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15507 A.A.C. 2 State Board of Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1552OTHER AGENCY NOTICESDocket Opening, Notices of Rulemaking2 A.A.C. 11 Department of Administration - Public Buildings Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15609 A.A.C. 5 Department of Health Services - Child Care Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1561GOVERNOR’S OFFICEGovernor’s Executive Order 2019-01Moratorium on Rulemaking to Promote Job Creation and Customer-Service-Oriented Agencies; ProtectingConsumers Against Fraudulent Activities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1562INDEXESRegister Index Ledger . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1564Rulemaking Action, Cumulative Index for 2019 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1565Other Notices and Public Records, Cumulative Index for 2019 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1570CALENDAR/DEADLINESRules Effective Dates Calendar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1572Register Publishing Deadlines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1574GOVERNOR’S REGULATORY REVIEW COUNCILGovernor’s Regulatory Review Council Deadlines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1575Notice of Action Taken at the June 4, 2019 Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1576DIRECTORAdministrative Rules DivisionScott CancelosiPUBLISHERSecretary of StateKATIE HOBBSRULES MANAGING EDITORArizona Administrative RegisterRhonda Paschal

InformationABOUT THIS PUBLICATIONThe paper copy of the Administrative Register (A.A.R.) is the officialpublication for rules and rulemaking activity in the state of Arizona.Rulemaking is defined in Arizona Revised Statutes known as the ArizonaAdministrative Procedure Act (APA), A.R.S. Title 41, Chapter 6, Articles 1through 10.The Office of the Secretary of State does not interpret or enforce rulespublished in the Arizona Administrative Register or Code. Questions should bedirected to the state agency responsible for the promulgation of the rule asprovided in its published filing.The Register is cited by volume and page number. Volumes are published bycalendar year with issues published weekly. Page numbering continues in eachweekly issue.In addition, the Register contains the full text of the Governor’s ExecutiveOrders and Proclamations of general applicability, summaries of AttorneyGeneral opinions, notices of rules terminated by the agency, and the Governor’sappointments of state officials and members of state boards and commissions.ABOUT RULESRules can be: made (all new text); amended (rules on file, changing text);repealed (removing text); or renumbered (moving rules to a different Sectionnumber). Rules activity published in the Register includes: proposed, final,emergency, expedited, and exempt rules as defined in the APA.Rulemakings initiated under the APA as effective on and after January 1,1995, include the full text of the rule in the Register. New rules in this publication(whether proposed or made) are denoted with underlining; repealed text isstricken.WHERE IS A “CLEAN” COPY OF THE FINAL OR EXEMPTRULE PUBLISHED IN THE REGISTER?The Arizona Administrative Code (A.A.C) contains the codified text of rules.The A.A.C. contains rules promulgated and filed by state agencies that have beenapproved by the Attorney General or the Governor’s Regulatory Review Council.The Code also contains rules exempt from the rulemaking process.The printed Code is the official publication of a rule in the A.A.C., and isprima facie evidence of the making, amendment, or repeal of that rule asprovided by A.R.S. § 41-1012. Paper copies of rules are available by full Chapteror by subscription. The Code is posted online for free.LEGAL CITATIONS AND FILING NUMBERSVol. 25Issue 25PUBLISHERSECRETARY OF STATEKatie HobbsADMINISTRATIVE RULESSTAFFDIRECTORScott CancelosiRULES MANAGING EDITORRhonda PaschalADMINISTRATIVE REGISTERThis publication is available online forfree at www.azsos.gov.ADMINISTRATIVE CODEA price list for the ArizonaAdministrative Code is availableonline. You may also request a paperprice list by mail. To purchase a paperChapter, contact us at(602) 364-3223.PUBLICATION DEADLINESPublication dates are published in theback of the Register. These datesinclude file submittal dates with athree-week turnaround from filing topublished document.CONTACT USAdministrative Rules DivisionOffice of the Secretary of State1700 W. Washington Street, Fl. 2Phoenix, AZ 85007(602) 364-3223The Office of the Secretary of State isan equal opportunity employer.On the cover: Each agency is assigned a Chapter in the ArizonaAdministrative Code under a specific Title. Titles represent broad subject areas.The Title number is listed first; with the acronym A.A.C., which stands for theArizona Administrative Code; following the Chapter number and Agency name,then program name. For example, the Secretary of State has rules on rulemakingin Title 1, Chapter 1 of the Arizona Administrative Code. The citation for thischapter is 1 A.A.C. 1, Secretary of State, Rules and RulemakingEvery document filed in the office is assigned a file number. This number,enclosed in brackets, is located at the top right of the published documents in theRegister. The original filed document is available for 10 cents a page.1478Vol. 25, Issue 25 Published by the Arizona Secretary of State June 21, 2019

Rulemaking GuideArizona Regular Rulemaking ProcessSTART HERELook for the Agency NoticeReview (inspect) notices publishedin the Arizona Administrative Register.Many agencies maintain stakeholderlists and would be glad to inform youwhen they proposed changes to rules.Check an agency’s website and itsnewsletters for news about notices andmeetings.Feel like a change should be madeto a rule and an agency has notproposed changes? You can petitionan agency to make, amend, or repeal arule. The agency must respond to thepetition. (See A.R.S. § 41-1033)Attend a public hearing/meetingAttend a public meeting that isbeing conducted by the agency on aNotice of Proposed Rulemaking.Public meetings may be listed in thePreamble of a Notice of ProposedRulemaking or they may be publishedseparately in the Register. Be preparedto speak, attend the meeting, and makean oral comment.An agency may not have a publicmeeting scheduled on the Notice ofProposed Rulemaking. If not, you mayrequest that the agency schedule aproceeding. This request must be putin writing within 30 days after thepublished Notice of ProposedRulemaking.Write the agencyPut your comments in writing tothe agency. In order for the agency toconsider your comments, the agencymust receive them by the close ofrecord. The comment must bereceived within the 30-day commenttimeframe following the Registerpublication of the Notice of ProposedRulemaking.You can also submit to theGovernor’sRegulatoryReviewCouncil written comments that arerelevant to the Council’s power toreview a given rule (A.R.S. § 411052). The Council reviews the rule atthe end of the rulemaking process andbefore the rules are filed with theSecretary of State.APA, statute or ballotproposition ispassed. It gives anagency authority tomake rules.It may give anagency an exemptionto the process orportions thereof.Agency opens adocket.Agency files a Notice ofRulemaking DocketOpening; it is publishedin the Register. Oftenan agency will file thedocket with theproposed rulemaking.Agency decides not toact and closes docket.The agency may letthe docket lapse bynot filing a Notice ofProposed rulemakingwithin one year.Agency drafts proposed ruleand Economic ImpactStatement (EIS); informalpublic review/comment.Agency files Notice ofProposed Rulemaking.Notice is published inthe Register.Notice of meetings maybe published inRegister or included inPreamble of ProposedRulemaking.Agency openscomment period.Agency files Noticeof SupplementalProposedRulemaking. Noticepublished inRegister.Oral proceeding and close ofrecord. Comment period must lastat least 30 days after publicationof notice. Oral proceeding(hearing) is held no sooner than30 days after publication of noticeof hearingAgency decides not toproceed and does not filefinal rule with G.R.R.C.within one year afterproposed rule ispublished. A.R.S. § 411021(A)(4).Agency decides not toproceed and files Noticeof Termination ofRulemaking forpublication in Register.A.R.S. § 41-1021(A)(2).Agency decides not toproceed; files Notice ofTermination ofRulemaking. May opena new Docket.Substantial change?If no change thenRule must be submitted for review or terminated within 120 days after the close of the record.A final rulemaking package is submitted to G.R.R.C. or A.G. for review. Contains finalpreamble, rules, and Economic Impact Statement.G.R.R.C. has 90 days to review and approve or return the rule package, in whole or in part;A.G. has 60 days.After approval by G.R.R.C. or A.G., the rule becomes effective 60 days after filing with theSecretary of State (unless otherwise indicated).Final rule is published in the Register and the quarterly Code Supplement.June 21, 2019 Published by the Arizona Secretary of State Vol. 25, Issue 251479

Rulemaking GuideDefinitionsArizona Administrative Code (A.A.C.): Official rules codified and publishedby the Secretary of State’s Office. Available online at www.azsos.gov.Arizona Administrative Register (A.A.R.): The official publication thatincludes filed documents pertaining to Arizona rulemaking. Available online atwww.azsos.gov.Administrative Procedure Act (APA): A.R.S. Title 41, Chapter 6, Articles 1through 10. Available online at www.azleg.gov.Arizona Revised Statutes (A.R.S.): The statutes are made by the ArizonaState Legislature during a legislative session. They are complied by LegislativeCouncil, with the official publication codified by Thomson West. Citations tostatutes include Titles which represent broad subject areas. The Title number isfollowed by the Section number. For example, A.R.S. § 41-1001 is thedefinitions Section of Title 41 of the Arizona Administrative Procedures Act.The “§” symbol simply means “section.” Available online at www.azleg.gov.Chapter: A division in the codification of the Code designating a stateagency or, for a large agency, a major program.Close of Record: The close of the public record for a proposed rulemaking isthe date an agency chooses as the last date it will accept public comments, eitherwritten or oral.Code of Federal Regulations (CFR): The Code of Federal Regulations is acodification of the general and permanent rules published in the Federal Registerby the executive departments and agencies of the federal government.Docket: A public file for each rulemaking containing materials related to theproceedings of that rulemaking. The docket file is established and maintained byan agency from the time it begins to consider making a rule until the rulemakingis finished. The agency provides public notice of the docket by filing a Notice ofRulemaking Docket Opening with the Office for publication in the Register.Economic, Small Business, and Consumer Impact Statement (EIS): TheEIS identifies the impact of the rule on private and public employment, on smallbusinesses, and on consumers. It includes an analysis of the probable costs andbenefits of the rule. An agency includes a brief summary of the EIS in itspreamble. The EIS is not published in the Register but is available from theagency promulgating the rule. The EIS is also filed with the rulemaking package.Governor’s Regulatory Review (G.R.R.C.): Reviews and approves rules toensure that they are necessary and to avoid unnecessary duplication and adverseimpact on the public. G.R.R.C. also assesses whether the rules are clear, concise,understandable, legal, consistent with legislative intent, and whether the benefitsof a rule outweigh the cost.Incorporated by Reference: An agency may incorporate by referencestandards or other publications. These standards are available from the stateagency with references on where to order the standard or review it online.Federal Register (FR): The Federal Register is a legal newspaper publishedevery business day by the National Archives and Records Administration(NARA). It contains federal agency regulations; proposed rules and notices; andexecutive orders, proclamations, and other presidential documents.Session Laws or “Laws”: When an agency references a law that has not yetbeen codified into the Arizona Revised Statutes, use the word “Laws” is followedby the year the law was passed by the Legislature, followed by the Chapternumber using the abbreviation “Ch.”, and the specific Section number using theSection symbol (§). For example, Laws 1995, Ch. 6, § 2. Session laws areavailable at www.azleg.gov.United States Code (U.S.C.): The Code is a consolidation and codificationby subject matter of the general and permanent laws of the United States. TheCode does not include regulations issued by executive branch agencies, decisionsof the federal courts, treaties, or laws enacted by state or local governments.1480AcronymsA.A.C. – Arizona Administrative CodeA.A.R. – Arizona Administrative RegisterAPA – Administrative Procedure ActA.R.S. – Arizona Revised StatutesCFR – Code of Federal RegulationsEIS – Economic, Small Business, andConsumer Impact StatementFR – Federal RegisterG.R.R.C. – Governor’s Regulatory ReviewCouncilU.S.C. – United States CodeAbout PreamblesThe Preamble is the part of arulemaking package that containsinformation about the rulemaking andprovides agency justification andregulatory intent.It includes reference to the specificstatutes authorizing the agency tomake the rule, an explanation of therule, reasons for proposing the rule,and the preliminary Economic ImpactStatement.The information in the Preamblediffers between rulemaking noticesused and the stage of the rulemaking.Vol. 25, Issue 25 Published by the Arizona Secretary of State June 21, 2019

Notices of Proposed RulemakingNOTI CES OF PROPOSED RULEMAKI NGThis section of the Arizona Administrative Registercontains Notices of Proposed Rulemaking.A proposed rulemaking is filed by an agency uponcompletion and submittal of a Notice of RulemakingDocket Opening. Often these two documents are filed atthe same time and published in the same Register issue.When an agency files a Notice of ProposedRulemaking under the Administrative Procedure Act(APA), the notice is published in the Register within threeweeks of filing. See the publication schedule in the back ofeach issue of the Register for more information.Under the APA, an agency must allow at least 30 days toelapse after the publication of the Notice of ProposedRulemaking in the Register before beginning any oralproceedings for making, amending, or repealing any rule(A.R.S. §§ 41-1013 and 41-1022).The Office of the Secretary of State is the filing office andpublisher of these rules. Questions about the interpretationof the proposed rules should be addressed to the agencythat promulgated the rules. Refer to item #4 below to contactthe person charged with the rulemaking and item #10 for theclose of record and information related to public hearingsand oral comments.NOTICE OF PROPOSED RULEMAKINGTITLE 2. ADMINISTRATIONCHAPTER 11. DEPARTMENT OF ADMINISTRATIONPUBLIC BUILDINGS MAINTENANCE[R19-112]PREAMBLE1.Article, Part, or Section Affected (as applicable)R2-11-501Rulemaking ActionNew Section2.Citations to the agency’s statutory rulemaking authority to include the authorizing statute (general) and theimplementing statute (specific):Authorizing statute: A.R.S. § 41-703Implementing statute: A.R.S. §§ 41-791(D), and 41-796(A)3.Citations to all related notices published in the Register as specified in R1-1-409(A) that pertain to the record ofthe proposed rule:Notice of Rulemaking Docket Opening: 25 A.A.R. 1560, June 21, 2019 (in this issue)4.The agency’s contact person who can answer questions about the rulemaking:Name:Nola BarnesAddress:Department of Administration1110 W. Washington, Suite 155Phoenix, AZ 85007Telephone:(602) 542-1954E-mail:Nola.Barnes@azdoa.govWeb site:www.gsd.az.gov5.An agency’s justification and reason why a rule should be made, amended, repealed or renumbered, to includean explanation about the rulemaking:The Department wishes to establish an appeals process for A.R.S. §§ 41-1362; 41-1363; 41-1364.6.A reference to any study relevant to the rule that the agency reviewed and proposes either to rely on or not torely on in its evaluation of or justification for the rule, where the public may obtain or review each study, all dataunderlying each study, and any analysis of each study and other supporting material:None7.A showing of good cause why the rulemaking is necessary to promote a statewide interest if the rulemaking willdiminish a previous grant of authority of a political subdivision of this state:Not applicable8.The preliminary summary of the economic, small business, and consumer impact:The Department is providing a path for individuals or organizations to contest the Department’s final decision without a court proceeding. The process should have minimal or no financial impact. The administrative costs for compliance of these rules are minimal to the Department. There are no viable alternative methods of compliance that would apply.9.The agency’s contact person who can answer questions about the economic, small business and consumerimpact statement:Name:Jobalena YatesAddress:Department of Administration1110 W. Washington, Suite 155June 21, 2019 Published by the Arizona Secretary of State Vol. 25, Issue 251481

Notices of Proposed RulemakingTelephone:E-mail:Web site:Phoenix, AZ 85007(602) 542-0692Jobalena.Yates@azdoa.govwww.gsd.az.gov10. The time, place, and nature of the proceedings to make, amend, repeal, or renumber the rule, or if no proceedingis scheduled, where, when, and how persons may request an oral proce

PUBLISHER SECRETARY OF STATE Katie Hobbs ADMINISTRATIVE RULES STAFF DIRECTOR Scott Cancelosi RULES MANAGING EDITOR Rhonda Paschal ADMINISTRATIVE REGISTER This publication is available online for free at www.azsos.gov. ADMINISTRATIVE CODE A price list for the Arizona Administrative Code is available online. You may also request a paper price list by mail.

Related Documents:

Menschen Pagina 20 Schritte international Neu Pagina 22 Motive Pagina 24 Akademie Deutsch Pagina 25 Starten wir! Pagina 26 Themen aktuell Pagina 28 em neu Pagina 29 Sicher! Pagina 30 Vol A1 1 Vol A1 Vol 1 Vol 1 2 Vol unico Vol 1 Volume 1 Volume 1 Vol 1 Vol 1 1 Vol A1 2 Vol 2 Vol 1 2 Vol A2 1 Vol A2 Vol 3 Vol

Akenson, Donald Harman Vol 8: 10 Alan, Radous, at Agincourt Vol 12: 1 Albert, King Vol 7: 45, 47 Albert, Prince Vol 12: 17; Vol 14: 1 Alden, John Vol 5: 34; Vol 9: 18 Alexander III Vol 13: 24 Aleyn, John, at Agincourt Vol 12: 1 Allen, Pat Vol 10: 44 Alling Vol 4: 26 Amore, Shirley Vol 12: 3 Anderson, Robert Vol 10: 46 Anderson, Virginia DeJohn .

Canadian Journal of Mathematics, Vol.2 (1950) to Vcl.19 Canadian J. (1967) (Canada) Makh. Comptes Rendus, Des Seances de l'Acaddmie des Sciences. Comptes Paris, Vol.230 (1950) to Vol.265 (1967) (France) Rendus Crod Science, Vol.1 (1961) to Vol.7 (1967) (U.S.) Crop Sci. Current Science, Vol.19 (1950) to Vol.36 (1967) (India) Current Scd. Der .

Vino Nobile Di Montepulciano Riserva Primitivo Di Manduria I.G.T Nero D’Avola I.G.T., Sicilia Salice Salentino Riserva Peppoli Antinori 2013, Chianti classico 13,5 % Vol 14 % Vol 13,5 % Vol 13,5 % V 13,5 % Vol 14 % Vol 13 % Vol Tignanello 201313 % Vol 29 34 38 26,5 29 39 39 235 24. 28. 30

Update Notice Administrative Support Manual Issue 13 (July 1999) (Note: The vertical bars adjacent to the text in this online Administrative Support Manual indicate Postal Bulletin updates have been incorporated.) This online version of Administrative Support Manual (ASM), Issue 13, published in July 1999 is updated through January 1, 2009, with the following Postal Bulletin articles:

MCQ Question Bank 1---- Administrative Law Prepared by Dr Shubhangi Panchal, Asst Prof Dayanand College of Law, Latur Q1 'Administrative law is a law concerning the powers and procedures of administrative agencies including especially the law governing judicial review of administrative action'. This definition is given by

Job Description Director of Administrative Services Job Description - Director of Administrative Services 1 of 5 Last Revised July 23, 2015 DEPARTMENT: Administrative Services REPORTS TO: Assistant CEO, Finance & Internal Operations TITLE CODE: 8018MR DATE: 06/02/2015 POSITION CODE: R090148 ADMINISTRATIVE REVISION: Job Summary

BIODIESEL FROM ALGAE: A POTENT ALTERNATE RENEWABLE SOURCE ⃰Dr Praveen Purohit1, 3Dr O.P.Jakhar2, and C.P.Sharma 1, 2, 3 Government Engineering College Bikaner Abstract With the ever increasing demand for energy and progressive depletion of fossil fuel, it has become necessary to find alternatives to conventional fossil fuels. Biodiesel is one such alternative to it and can be defined as a .