R17-1-104. Rulemaking Oral Proceeding

A. Public request for an oral proceeding. A person may request an oral proceeding as prescribed under A.R.S. § 41-1023(C) by submitting the following information in writing to the agency official identified in a proposed rule’s preamble: 1. Identify the specific proposed rule for oral proceeding by Section number and title heading; and 2. Provide the following requestor information: a. Name; b. Address; c. Telephone number during regular state business hours as prescribed under A.R.S. § 38-401; and d. Optional information, if applicable: i. The requestor’s occupational title; and ii. The name of the entity the requestor represents. B. Oral proceeding protocol. 1. The Department shall record an oral proceeding electron- ically or stenographically, and shall make any audio or video cassette, transcript, register, and written comment received part of the Department’s rulemaking record as required under A.R.S. § 41-1029(B)(4) and (5). 2. The Department’s presiding official shall use the follow- ing guidelines to conduct an oral proceeding: a. Registration of attendees. Attendee registration is voluntary; b. Registration of persons intending to speak. A person wishing to speak shall provide the person’s name, representative capacity, if applicable, a brief state- ment of the person’s position regarding the proposed rule, and approximate length of time the person wishes to speak; c. Opening of the record. The Department’s presiding official shall identify: i. The rule to be considered; ii. The location; iii. The date; iv. The time of day; v. The purpose of the proceeding including appli- cable background information or Department representative’s opening statement on the pro- posed rule; and vi. Any applicable time limitation of the meeting location’s use or electronic communication linkage. d. A public oral comment period. Any person may speak at an oral proceeding. A person who speaks shall ensure that all comments address the rule being considered. The Department’s presiding official may limit the time allotted to each speaker and preclude undue repetition; e. A recess provision. If an oral proceeding must recess because of a time limitation indicated in subsection (B)(2)(c)(vi), the Department’s presiding official shall ensure that the oral proceeding’s continuation complies with the meeting notice provision pre- scribed under A.R.S. § 38-431.02(E); f. Closing remarks. Before closing an oral proceeding record, the Department’s presiding official shall announce: i. The location and last day for submitting written comments about the rule; and ii. Any known future rulemaking steps the Depart- ment intends to take regarding the rule after the rulemaking public record closes.