What is an exempt rulemaking?
An exempt rulemaking is a rulemaking that is promulgated pursuant to a statutory exemption from the Administrative Procedure Act in Arizona Revised Statute (A.R.S.) Title 41, Chapter 6. Generally, rules can be promulgated under the exempt rulemaking process faster than they can be promulgated under the process required in Title 41, Chapter 6. Many exempt rulemakings are granted for specific periods of time. Additionally, the Legislature may grant different types of exemptions. For instance, the Legislature may exempt the Department from the Title 41, Chapter 6 requirements but require the Department to submit proposed rules to the Secretary of State for publication and hold a hearing about the proposed rules before the rules are finalized. Usually, an agency that is given a Title 41, Chapter 6 exemption is not required to obtain approval from the Governor’s Regulatory Review Council. Regardless of the type of exemption, the Department is always required to file a Notice of Exempt Rulem
