1. A. A person may petition the Department under A.R.S. § 41-1033(A) for a:

   1. 1. Rulemaking action relating to a Department rule, including making a new rule or amending or repealing an existing rule; or
   2. 2. Review of an existing Department practice or substantive policy statement alleged to constitute a rule.

2. B. To act under A.R.S. § 41-1033(A) and this Section, a person shall submit to the Department Director a written petition that includes the following information:

   1. 1. Name, address, telephone number, and facsimile number, if any, of the person submitting the petition;
   2. 2. If the person submitting the petition is a representative of another person, the name of each person represented;

   3. 3. If requesting a rulemaking action:

      1. a. A statement of the rulemaking action sought, including the A.A.C. citation for each existing rule involved, and the specific language of each new rule or rule amendment; and
      2. b. Reasons for the rulemaking action, including an explanation of why an existing rule is inadequate, unreasonable, unduly burdensome, or unlawful.

   4. 4. If requesting a review of an existing practice or substantive policy statement:

      1. a. The subject matter of the existing practice or substantive policy statement, and
      2. b. Reasons why the existing practice or substantive policy statement constitutes a rule.
   5. 5. The dated signature of the person submitting the petition.

3. C. A person may submit supporting information with a petition, including:

   1. 1. Statistical data; and
   2. 2. A list of other persons likely to be affected by the rulemaking action or the review, with an explanation of the likely effects.
4. D. The Department Director or the director’s authorized representative shall send the person submitting a petition a written response within 60 calendar days of the date the Department receives the petition.

Historical Note

New Section made by final rulemaking at 7 A.A.R. 5437, effective November 14, 2001 (Supp. 01-4).