HB 2724 — GRRC; petition to request review

HB2724 - 541R - HS Ver       HouseSenate Engrossed House Bill         State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session       HOUSE BILL 2724       AN ACT   amending section 41-1033, Arizona Revised Statutes;

H.  A person may petition the council to request a review of an existing agency practice,practice substantivethat policyinvolves statement,interpreting enforcementa actionrule adopted by the agency, substantive policy statement or final rule of an agency established under title 16, chapter 6 based on the person's belief that the existing agency practice,practice substantivethat policyinvolves statement,interpreting enforcementa actionrule adopted by the agency, substantive policy statement or final rule does not meet the requirements of chapter 6 of this title, exceeds the agency's statutory authority or violates this state's constitution or the United States Constitution.

H.  I.  If the council receives information that indicates an existing agency practice or substantive policy statement may constitute a rule, that a final rule does not meet the requirements prescribed in section 41‑1030, or that an existing agency practice, substantive policy statement, final rule or regulatory licensing requirement does not meet the guidelines prescribed in subsection G of this section or that an existing agency practice,practice substantivethat policyinvolves statement,interpreting enforcementa actionrule adopted by the agency, substantive policy statement or final rule of an agency established under title 16, chapter 6 does not meet the guidelines prescribed in subsection H of this section and at least four council members request of the chairperson that the matter be heard in a public meeting:

(d)  An existing agency practice,practice substantivethat policyinvolves statement,interpreting enforcementa actionrule adopted by the agency, substantive policy statement or final rule of an agency established under title 16, chapter 6 does not meet the guidelines prescribed in subsection H of this section.

(d)  an existing agency practice,practice substantivethat policyinvolves statement,interpreting enforcementa actionrule adopted by the agency, substantive policy statement or final rule of an agency established under title 16, chapter 6 does not meet the guidelines prescribed in subsection H of this section.

J.  K.  An agency practice, substantive policy statement, final rule or regulatory licensing requirement considered by the council pursuant to this section shall remain in effect while under consideration of the council.  If the council ultimately decides the agency practice or substantive policy statement constitutes a rule or that the final rule does not meet the requirements prescribed in section 41‑1030, the practice, policy statement or rule shall be considered void.  If the council determines that the existing agency practice, substantive policy statement, final rule or regulatory licensing requirement is unduly burdensome or is not demonstrated to be necessary to specifically fulfill a public health, safety or welfare concern and meets the requirements of subsection G of this section, the council may modify, revise or declare void any such existing agency practice, substantive policy statement, final rule or regulatory licensing requirement.  If, based on a person's belief that the existing agency practice,practice substantivethat policyinvolves statement,interpreting enforcementa actionrule adopted by the agency, substantive policy statement or final rule does not meet the requirements of chapter 6 of this title, exceeds the agency's statutory authority or violates this state's constitution or the United States Constitution, the council determines that the existing agency practice,practice substantivethat policyinvolves statement,interpreting enforcementa actionrule adopted by the agency, substantive policy statement or final rule of an agency established under title 16, chapter 6 does not meet the guidelines prescribed in subsection H of this section, the council may modify, revise or declare void any such existing agency practice,practice substantivethat policyinvolves statement,interpreting enforcementa actionrule adopted by the agency, substantive policy statement or final rule.