FAQ: Governor Brewer's Regulatory Review Plan memorandum, January 22, 2009

Notice of Rulemaking Docket Opening

Q: Our office/agency/department has a Notice of Rulemaking Docket Opening on file with the Office of the Secretary of State. Can our office/agency/ department withdraw this Notice?
A: Because the Governor’s Office memorandum does not specifically request agencies to withdraw Notices of Rulemaking Docket Opening already filed, they remain on file with our office.

Q: Our office/agency/department has a Rulemaking Docket Opening on file with the office of the Secretary of State and it was printed in the Arizona Administrative Register. Can our office/agency/department withdraw this Notice?
A: Because the Governor’s Office memorandum does not specifically request agencies to withdraw Notices of Rulemaking Docket Opening already filed, they remain on file with our office.

Please be advised that filed Notices of Rulemaking Docket Opening may fall under the review of Governor’s Regulatory Review Plan memorandum, January 22, 2009. Agencies should contact the Governor’s Office for more information.

Notice of Proposed Rulemaking

Q: Our office/agency/department has a Notice of Proposed Rulemaking on file with the Office of the Secretary of State. Can our office/agency/ department withdraw this Notice?
A: The Governor’s Office memorandum specifies that agencies withdraw Notices of Proposed Rulemaking that were not published in the Arizona Administrative Register.
It is clear that the intent of this memorandum is regulatory review. The Secretary of State’s Office is offering agencies the option to withdraw any Notice of Proposed Rulemaking on file.
Our office cannot instruct any agency to withdraw any proposed rulemaking filing whether published or not in the Arizona Administrative Register. This is up to the agency to determine. Paragraph 3 of the memo states that proposed rules not published in the Arizona Administrative Register are withdrawn by the agency.

Q: How does our office/agency/department withdraw a Notice of Proposed Rulemaking on file with the office of the Secretary of State?
A: The Secretary of State’s Office is requesting that a Notice of Public Information be filed to withdraw any filed Notice of Proposed Rulemaking.

Q: What will happen to the original Notice of Proposed Rulemaking filed with the Office of the Secretary of State?
A: Once a Notice of Public Information is filed, the original rulemaking package will be returned.
All Notices of Proposed Rulemaking filed are a matter of public record. If the original is requested to be “withdrawn” (that is, returned to an agency) a copy will remain on file with our office and archived under our records retention schedule. If it is withdrawn, it will not be published in the Arizona Administrative Register.

Q: Can the public view the Notice of Proposed Rulemaking filed with the Office of the Secretary of State even if it is withdrawn?
A: Public Record Request form. There will be a 10 cent per page charge for copies.
The file will have a cover sheet attached noting that the agency withdrew the filing under the governor memorandum, and reference the Notice of Public Information filed.

Q: What if our agency decides not to withdraw a Notice of Proposed Rulemaking?
A:Failure to withdraw a Notice of Proposed Rulemaking filing may be a violation of the requirements of the governor's memorandum.
Paragraph 3 states that Notices of Proposed Rulemaking not published in the Arizona Administrative Register are withdrawn. Again, the agency should contact the Governor's Office and shall determine which Notices of Proposed Rulemaking to withdraw and be reviewed under the governor's memorandum.

Black's Law Dictionary Definition:
Withdraw. To take away what has been enjoyed; to take from. To remove, as deposits from bank, or oneself from competition, candidacy, etc.

Notice of Termination of Rulemaking

Q: Shouldn't my office/agency/department file a Notice of Termination with the Office of the Secretary of State under this memorandum?
A:Under paragraph 3 the Governor’s Office is clear that proposed rules be withdrawn.
Once reviewed our office anticipates that agencies may file Notices of Termination if a proposed rule is “inappropriately” impacting the citizens of Arizona. See Rulemaking Activity below.

Notice of Final Rulemaking

Q: Our office/agency/department has a Notice of Final Rulemaking on file with the Office of the Secretary of State. Can our office/agency/ department withdraw this Notice?
A:The Governor’s Office memorandum does specify that agencies withdraw a Notice of Final Rulemaking with our office.

Q: Our office/agency/department has a Notice of Final Rulemaking on file with the Office of the Secretary of State and it has been published in the Arizona Administrative Register. Can our office/agency/department withdraw this Notice?
A:The Governor’s Office memorandum does specify that agencies withdraw a Notice of Final Rulemaking with our office.

Please be advised that filed Notices of Final Rulemaking may fall under the review of Governor’s Regulatory Review Plan memorandum, January 22, 2009. Agencies should contact the Governor’s Office for more information.

Arizona Administrative Register

Q: Will the Secretary of State’s Office stop publishing the Arizona Administrative Register?
A:Our office is tasked with providing notices to the public in the Arizona Administrative Register under Arizona law. Our office encourages that agencies use the Register to notify the public of any activity related to any notice filed or under review by the Governor’s Office.

Rulemaking Activity

Q: Will all rulemaking activity cease in the state of Arizona due to this memorandum?

A:Our office anticipates, upon the Governor’s Office review, that some of the Notice of Proposed Rulemakings will continue to go through the regular rulemaking process before and after April 30, 2009. Refer to the weekly Register for notification of these notices. Agencies shall re-file any Notice of Proposed Rulemaking withdrawn.

Our office anticipates, upon the Governor’s Office review, that Notices of Supplemental Proposed rulemaking may be filed by agencies before and after April 30, 2009. Agencies might file a Notice of Supplemental Rulemaking so that a proposed rule “appropriately” impacts the citizens of Arizona under this memorandum. Refer to the weekly Register for notification of these notices.

The memorandum is clear that agencies shall contact the Governor's Office in writing of any rulemaking activity that, "impacts critical public peace, health and safety functions of the agency or that are needed to address the state budget deficit..."

Our office is encouraging agencies to publish such written notifications to the Governor's Office as a public courtesy in the Arizona Administrative Register as a Notice of Public Information.

Time-frames in Rulemaking

Our office anticipates, during the Governor’s Office review, certain notices may expire under the Administrative Procedures Act (APA) because directives of the memorandum remain in effect until April 30, 2009.
If this is the case, agencies shall follow the rulemaking process as outlined in the APA and the Secretary of State's rules on rulemaking. This shall be done after April 30, 2009, unless instructed by the Governor's Office to do otherwise.