What law relates to an agency’s rulemaking?
• The agency’s organic statutes. These are the statutes that create the agency and establish its scope of power. • The Arizona Administrative Procedure Act (See A.R.S. § 41-1001 et seq.) • Rules of the Governor’s Regulatory Review Council (See A.A.C. Title 1, Chapter 6) • Rules of the Secretary of State. (See A.A.C. Title 1, Chapter 1) Note: Each of these sources of rulemaking law changes often. At every stage in a rulemaking, make certain you are using the most recent version of the law. What is a rulemaking record? A.R.S. § 41-1029 requires an agency to maintain an official record of every rulemaking and to make the record available to the public. The statute tells you what must be included in the rulemaking record. If there is ever a court challenge to the agency’s rule, the rulemaking record is the record on which the agency will rely. How long does it take to do a rulemaking? Almost all of the time required to do a rulemaking is within an agency’s control. A.R.S. § 41-1023(B) requ
