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Rulemaking Process

 

Have you ever wondered how the Arizona Game and Fish Department creates the rules for hunters, anglers and other customers? In addition to making sure that Game and Fish rules and policies are concise and easy to understand, the Department’s Rules and Risk Section is responsible for ensuring that all rules and policies meet statutory requirements before they are submitted to the Secretary of State, Attorney General, or Governor’s Regulatory Review Council for final approval.

The rulemaking process:

Notice of Docket Opening: A Notice of Docket Opening is published in the Arizona Administrative Register to notify the public that the Department is considering changes to the referenced rules. The Commission must approve the Notice of Docket Opening prior to publication in the Arizona Administrative Register.

Notice of Proposed Rulemaking: A Notice of Proposed Rulemaking is published in the Arizona Administrative Register to notify the public of the proposed additions, deletions, or changes to the Department’s rules. The Commission must approve the Notice of Proposed Rulemaking prior to publication in the Arizona Administrative Register.

Comment period: Once a rule is proposed, the public has at least thirty (30) days in which to submit comments to the Department in regard to the rule. The closing date for the public comment period is published in the Arizona Administrative Register.

Note: Comments are statements, suggested rule language, data, views, or other observations submitted to the Department in regards to an existing or proposed rule. Comments may be submitted during the official public comment period for a particular rulemaking and will become part of the official record of the proposed rulemaking. However, the public may comment on the Department’s existing rules at any time.

Notice of Final Rulemaking: A Notice of Final Rulemaking is drafted after the Department considers new information received during the comment period and determines whether the suggestions received meet the mission and goals of the agency, does not place an undue burden on members of the public or the Department, does not discriminate against a special class of persons, and is permitted under statute.

Submittal to Governor’s Regulatory Review Council (GRRC): The Department submits the final rulemaking package to GRRC for approval. GRRC will review the final rule package to ensure that the rules are necessary, within the Department’s statutory authority, consistent with legislative intent, and do not place an undue burden on the regulated public or the Department. The Commission must approve the Notice of Final Rulemaking prior to submittal to GRRC.

Approval by GRRC: When GRRC has completed its review and finds that the rulemaking meets all of the criteria identified above, GRRC will approve the rulemaking.

Effective date: The approved rulemaking package is filed, by GRRC, with the Secretary of State’s office. The effective date of the rule is usually sixty (60) days from the date of filing. However, an immediate effective may be requested when authorized by statute and specified in the rulemaking.

Codification: All final rulemakings are published in the Arizona Administrative Code. The Code is the official compilation of rules that govern state agencies, boards, and commissions. The Secretary of State’s Office publishes updates to the Code four times a year. The paper copy of the Code serves as the official version.

The above rulemaking description is not comprehensive. It is meant only to provide a brief overview of the rulemaking process and is not binding on the Commission or Department. Furthermore, different types of rulemakings, such as emergency rulemaking or exempt rulemaking, require separate procedures for completion.

 

For more information on our rules or to submit a comment on a rulemaking, contact our Rules and Risk Department:

Rules and Risk Department

Office: (623) 236-7390

E-mail: Rulemaking@azgfd.gov

 
   
 
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External Resources [More]

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Governor's Regulatory Review Council

Arizona Administrative Code

Arizona Administrative Register

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A Rule Is...

[PDF, 47KB]

AZGFD Laws and Rules Book, 2007-2008 Edition [PDF, 1mb]

AZGFD Laws and Rules Book, 2007-2008 Supplement

[PDF, 426 KB]

AZGFD Regulatory Agenda

[PDF, 93 KB]

Arizona Administrative Code and Arizona Administrative Register

[PDF, 77KB]

R12-4-601. Petition for Rule or Review of Practice or Policy

[PDF, 83KB]

R12-4-602. Written Comments on Proposed Rules

[PDF, 53KB]

R12-4-603. Oral Proceedings Before the Commission

[PDF, 58KB]

Frequently asked Questions

[PDF, 110KB]

AZGFD Contacts

[PDF, 45KB]

 

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