Current through Register Vol. 30, No. 52, December 27, 2024
A. A person may petition the Commission under
A.R.S. §
41-1033
for a:
1. Rulemaking action relating to a
Commission rule, including making a new rule or amending or repealing an
existing rule; or
2. Review of an
existing Department practice or substantive policy statement alleged to
constitute a rule.
B. To
act under A.R.S. §
41-1033
and this Section, a person shall submit a petition form to the Arizona Game and
Fish Department, Director's Office, 5000 W. Carefree Highway, Phoenix, AZ
85086. The form is available at any Department office and on the Department's
website.
C. A petitioner shall
address only one rule, practice, or substantive policy in the petition.
D. A petitioner shall
submit the petition form to the Arizona Game and Fish Department, Director's
Office, 5000 W. Carefree Highway, Phoenix, AZ 85086. The petition form is
furnished by the Department and is available at any Department office and on
the Department's website. A petitioner shall provide all of the following
information:
1. Petitioner identification:
a. When the petition is submitted by a
private person, the person's:
i.
Name;
ii. Physical and mailing
address, if different from the physical address;
iii. Contact telephone number; and
iv. Email, when available;
b. When the petition is submitted
by an organization or private group;
i. Name
of organization or group;
ii. Name
and title of the organization's or group's representative;
iii. Physical and mailing address, if
different from the physical address;
iv. Representative's contact telephone
number; and
v. Email, when
available;
c. When the
petition is submitted by a public agency;
i.
Name of the public agency;
ii. Name
and title of the agency's representative;
iii. Physical and mailing address if
different from the physical address;
iv. Representative's contact telephone
number; and
v. Email, when
available;
2.
Type of request:
a. Adopt, amend, or repeal a
rule, or
b. Review of a practice or
substantive policy statement;
3. When the petition is for rulemaking
action:
a. Statement of the rulemaking action
sought, including the Arizona Administrative Code citation of all existing
rules, and the specific language of a new rule or rule amendment; and
b. Reasons for the rulemaking action,
including an explanation of why an existing rule is inadequate, unreasonable,
unduly burdensome, or unlawful;
4. When the petition is for a review of an
existing practice or substantive policy statement:
a. Subject matter of the existing practice or
substantive policy statement, and
b. Reasons why the existing practice or
substantive policy statement constitutes a rule;
5. When the petitioner is a public agency, a
summary of issues raised in any public meeting or hearing regarding the
petition or any written comments offered by the public.
6. Any other information required by the
Department;
7. Petitioner's
signature; and
8. Date on which the
petition was signed.
E. In addition to the
requirements listed under subsection (D), a person may submit supporting
information with a petition, including:
1.
Statistical data; and
2. A list of
other persons likely to be affected by the rulemaking action or the review,
with an explanation of the likely effects.
F. When a petitioner submits a petition that
addresses the same substantive issue considered by the Commission within the
previous year, the petitioner shall also provide an additional written
statement that includes rationale not previously considered by the Commission
in making the previous decision.
G. The Department shall
determine whether the petition complies with this Section within fifteen
business days after the date on which the petition was received.
1. If the petition complies with this Section
:
a. The Department shall place the petition
on a Commission open meeting agenda.
b. The petitioner may present oral testimony
at that open meeting under
R12-4-604.
c. The Commission shall render a final
decision on the petition as prescribed under A.R.S. §
41-1033.
2. If a petition does not comply
with this Section:
a. The Director shall
return the petition to the petitioner, and
b. Indicate in writing why the petition does
not comply with this Section. The petitioner shall be afforded the opportunity
to resubmit a corrected petition.
