Arizona Laws 41-1046. Administrative rules oversight committee; membership; appointment; staffing; meetings
A. The administrative rules oversight committee is established. The committee has oversight over any rules except those rules exempted by section 41-1005.
Terms Used In Arizona Laws 41-1046
- 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. See Arizona Laws 41-1001
- Committee: means the administrative rules oversight committee. See Arizona Laws 41-1001
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Council: means the governor's regulatory review council. See Arizona Laws 41-1001
- Oversight: Committee review of the activities of a Federal agency or program.
- 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. See Arizona Laws 41-1001
- 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. See Arizona Laws 41-1001
- 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. See Arizona Laws 41-1001
B. The committee consists of the following eleven members:
1. Five members of the house of representatives who are appointed by the speaker of the house of representatives. No more than three of the members who are appointed under this paragraph may be members of the same political party. The speaker of the house of representatives shall designate a member to serve as cochairperson of the committee.
2. Five members of the senate who are appointed by the president of the senate. No more than three of the members who are appointed under this paragraph may be members of the same political party. The president of the senate shall designate a member to serve as cochairperson of the committee.
3. The governor or the governor’s designee who is not an appointed agency director.
C. The speaker of the house of representatives and the president of the senate shall make the appointments to the committee on or before October 1, 2009. Members serve at the pleasure of their respective appointing officer.
D. The legislative council shall staff the committee.
E. The committee shall meet on the call of either of its cochairpersons.
F. A party contesting the legality of a rule, agency practice or substantive policy statement is not required to file a complaint with the committee to exhaust its administrative remedies.