DIRECTOR PUBLISHER RULES MANAGING EDITOR Secretary of

DIRECTOR PUBLISHER RULES MANAGING EDITORAdministrative Rules Division

Scott CancelosiSecretary of State

KATIE HOBBSArizona Administrative Register

Rhonda Paschal

Vol. 27, Issue 4 ~ Administrative Register Contents ~ January 22, 2021

Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86Rulemaking Guide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87RULES AND RULEMAKING

Final Rulemaking, Notices of 2 A.A.C. 8 State Retirement System Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 892 A.A.C. 8 State Retirement System Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 914 A.A.C. 30 Board of Technical Registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93

OTHER AGENCY NOTICESPublic Information, Notices of

Department of Agriculture - Weights and Measures Services Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96Substantive Policy Statement, Notices of Agency

Water Infrastructure Finance Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97Ombudsman, Notices of Agency

Department of Corrections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98GOVERNOR’S OFFICE

Governor’s Executive Order 2020-02Moratorium on Rulemaking to Promote Job Creation and Economic Development; Implementation of LicensingReform Policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99

INDEXES Register Index Ledger . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101Rulemaking Action, Cumulative Index for 2021 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102Other Notices and Public Records, Cumulative Index for 2021 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102

CALENDAR/DEADLINESRules Effective Dates Calendar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103Register Publishing Deadlines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105

GOVERNOR’S REGULATORY REVIEW COUNCILGovernor’s Regulatory Review Council Deadlines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106

86 Vol. 27, Issue 4 | Published by the Arizona Secretary of State | January 22, 2021

Information

Vol. 27 Issue 4

PUBLISHERSECRETARY OF STATE

Katie Hobbs

ADMINISTRATIVE RULES STAFF

DIRECTORScott Cancelosi

RULES MANAGING EDITORRhonda Paschal

ADMINISTRATIVE REGISTERThis publication is available online for

free at www.azsos.gov.

ADMINISTRATIVE CODEA price list for the Arizona

Administrative Code is available online. You may also request a paper price list by mail. To purchase a paper

Chapter, contact us at(602) 364-3223.

PUBLICATION DEADLINESPublication dates are published in the

back of the Register. These dates include file submittal dates with a

three-week turnaround from filing to published document.

CONTACT USAdministrative Rules Division

Office of the Secretary of State1700 W. Washington Street, Fl. 2

Phoenix, AZ 85007(602) 364-3223

The Office of the Secretary of State is

an equal opportunity employer.

ABOUT THIS PUBLICATIONThe authenticated pdf of the Administrative Register (A.A.R.)

posted on the Arizona Secretary of State’s website is the officialpublished version for rulemaking activity in the state of Arizona.

Rulemaking is defined in Arizona Revised Statutes known as theArizona Administrative Procedure Act (APA), A.R.S. Title 41,Chapter 6, Articles 1 through 10.

The Register is cited by volume and page number. Volumes arepublished by calendar year with issues published weekly. Pagenumbering continues in each weekly issue.

In addition, the Register contains notices of rules terminated bythe agency and rules that have expired.

ABOUT RULESRules can be: made (all new text); amended (rules on file,

changing text); repealed (removing text); or renumbered (movingrules to a different Section number). Rulemaking activity publishedin the Register includes: proposed, final, emergency, expedited,and exempt rules as defined in the APA, and other state statutes.

New rules in this publication (whether proposed or made) aredenoted with underlining; repealed text is stricken.

WHERE IS A “CLEAN” COPY OF THE FINAL OR EXEMPT RULE PUBLISHED IN THE REGISTER?

The Arizona Administrative Code (A.A.C) contains the codifiedtext of rules. The A.A.C. contains rules promulgated and filed bystate agencies that have been approved by the Attorney General orthe Governor’s Regulatory Review Council. The Code alsocontains rules exempt from the rulemaking process.

The authenticated pdf of Code chapters posted on the ArizonaSecretary of State’s website are the official published version ofrules in the A.A.C. The Code is posted online for free.

LEGAL CITATIONS AND FILING NUMBERSOn the cover: Each agency is assigned a Chapter in the Arizona

Administrative Code under a specific Title. Titles represent broadsubject areas. The Title number is listed first; with the acronymA.A.C., which stands for the Arizona Administrative Code; followingthe Chapter number and Agency name, then program name. Forexample, the Secretary of State has rules on rulemaking in Title 1,Chapter 1 of the Arizona Administrative Code. The citation for thischapter is 1 A.A.C. 1, Secretary of State, Rules and Rulemaking

Every document filed in the office is assigned a file number. Thisnumber, enclosed in brackets, is located at the top right of thepublished documents in the Register. The original filed document isavailable for 10 cents a page.

Rulemaking Guide

January 22, 2021 | Published by the Arizona Secretary of State | Vol. 27, Issue 4 87

Look for the Agency NoticeReview (inspect) notices published

in the Arizona Administrative Register.Many agencies maintain stakeholderlists and would be glad to inform youwhen they proposed changes to rules.Check an agency’s website and itsnewsletters for news about notices andmeetings.

Feel like a change should be madeto a rule and an agency has notproposed changes? You can petitionan agency to make, amend, or repeal arule. The agency must respond to thepetition. (See A.R.S. § 41-1033)

Attend a public hearing/meetingAttend a public meeting that is

being conducted by the agency on aNotice of Proposed Rulemaking.Public meetings may be listed in thePreamble of a Notice of ProposedRulemaking or they may be publishedseparately in the Register. Be preparedto speak, attend the meeting, and makean oral comment.

An agency may not have a publicmeeting scheduled on the Notice ofProposed Rulemaking. If not, you mayrequest that the agency schedule aproceeding. This request must be putin writing within 30 days after thepublished Notice of ProposedRulemaking.

Write the agencyPut your comments in writing to

the agency. In order for the agency toconsider your comments, the agencymust receive them by the close ofrecord. The comment must bereceived within the 30-day commenttimeframe following the Registerpublication of the Notice of ProposedRulemaking.

You can also submit to theGovernor’s Regulatory ReviewCouncil written comments that arerelevant to the Council’s power toreview a given rule (A.R.S. § 41-1052). The Council reviews the rule atthe end of the rulemaking process andbefore the rules are filed with theSecretary of State.

START HERE

APA, statute or ballot proposition is

passed. It gives an agency authority to

make rules.

It may give an agency an exemption

to the process or portions thereof.

Agency opens a docket.

Agency files a Notice of Rulemaking Docket

Opening; it is published in the Register. Often an agency will file the

docket with the proposed rulemaking.

Agency decides not to act and closes docket.

The agency may let the docket lapse by not filing a Notice of

Proposed rulemaking within one year.

Agency drafts proposed rule and Economic Impact

Statement (EIS); informal public review/comment.

Agency files Notice of Proposed Rulemaking.

Notice is published in the Register.

Notice of meetings may be published in

Register or included in Preamble of Proposed

Rulemaking.

Agency opens comment period.

Agency decides not to proceed and does not file final rule with G.R.R.C.

within one year after proposed rule is

published. A.R.S. § 41-1021(A)(4).

Agency decides not to proceed and files Notice

of Termination of Rulemaking for

publication in Register. A.R.S. § 41-1021(A)(2).

Agency files Notice of Supplemental

Proposed Rulemaking. Notice

published in Register.

Oral proceeding and close of record. Comment period must last at least 30 days after publication

of notice. Oral proceeding (hearing) is held no sooner than

30 days after publication of notice of hearing

Agency decides not to proceed; files Notice of

Termination of Rulemaking. May open

a new Docket.

Substantial change?

If no change then

Rule must be submitted for review or terminated within 120 days after the close of the record.

A final rulemaking package is submitted to G.R.R.C. or A.G. for review. Contains final preamble, rules, and Economic Impact Statement.

G.R.R.C. has 90 days to review and approve or return the rule package, in whole or in part; A.G. has 60 days.

After approval by G.R.R.C. or A.G., the rule becomes effective 60 days after filing with the Secretary of State (unless otherwise indicated).

Arizona Regular Rulemaking Process

Final rule is published in the Register and the quarterly Code Supplement.


Rulemaking Guide

DefinitionsArizona Administrative Code (A.A.C.): Official rules codified and published

by the Secretary of State’s Office. Available online at www.azsos.gov.Arizona Administrative Register (A.A.R.): The official publication that

includes filed documents pertaining to Arizona rulemaking. Available online atwww.azsos.gov.

Administrative Procedure Act (APA): A.R.S. Title 41, Chapter 6, Articles 1through 10. Available online at www.azleg.gov.

Arizona Revised Statutes (A.R.S.): The statutes are made by the ArizonaState Legislature during a legislative session. They are complied by LegislativeCouncil, with the official publication codified by Thomson West. Citations tostatutes include Titles which represent broad subject areas. The Title number isfollowed by the Section number. For example, A.R.S. § 41-1001 is thedefinitions Section of Title 41 of the Arizona Administrative Procedures Act.The “§” symbol simply means “section.” Available online at www.azleg.gov.

Chapter: A division in the codification of the Code designating a stateagency or, for a large agency, a major program.

Close of Record: The close of the public record for a proposed rulemaking isthe date an agency chooses as the last date it will accept public comments, eitherwritten or oral.

Code of Federal Regulations (CFR): The Code of Federal Regulations is acodification of the general and permanent rules published in the Federal Registerby the executive departments and agencies of the federal government.

Docket: A public file for each rulemaking containing materials related to theproceedings of that rulemaking. The docket file is established and maintained byan agency from the time it begins to consider making a rule until the rulemakingis finished. The agency provides public notice of the docket by filing a Notice ofRulemaking Docket Opening with the Office for publication in the Register.

Economic, Small Business, and Consumer Impact Statement (EIS): TheEIS identifies the impact of the rule on private and public employment, on smallbusinesses, and on consumers. It includes an analysis of the probable costs andbenefits of the rule. An agency includes a brief summary of the EIS in itspreamble. The EIS is not published in the Register but is available from theagency promulgating the rule. The EIS is also filed with the rulemaking package.

Governor’s Regulatory Review (G.R.R.C.): Reviews and approves rules toensure that they are necessary and to avoid unnecessary duplication and adverseimpact on the public. G.R.R.C. also assesses whether the rules are clear, concise,understandable, legal, consistent with legislative intent, and whether the benefitsof a rule outweigh the cost.

Incorporated by Reference: An agency may incorporate by referencestandards or other publications. These standards are available from the stateagency with references on where to order the standard or review it online.

Federal Register (FR): The Federal Register is a legal newspaper publishedevery business day by the National Archives and Records Administration(NARA). It contains federal agency regulations; proposed rules and notices; andexecutive orders, proclamations, and other presidential documents.

Session Laws or “Laws”: When an agency references a law that has not yetbeen codified into the Arizona Revised Statutes, use the word “Laws” is followedby the year the law was passed by the Legislature, followed by the Chapternumber using the abbreviation “Ch.”, and the specific Section number using theSection symbol (§). For example, Laws 1995, Ch. 6, § 2. Session laws areavailable at www.azleg.gov.

United States Code (U.S.C.): The Code is a consolidation and codificationby subject matter of the general and permanent laws of the United States. TheCode does not include regulations issued by executive branch agencies, decisionsof the federal courts, treaties, or laws enacted by state or local governments.

AcronymsA.A.C. – Arizona Administrative Code

A.A.R. – Arizona Administrative Register

APA – Administrative Procedure Act

A.R.S. – Arizona Revised Statutes

CFR – Code of Federal Regulations

EIS – Economic, Small Business, and

Consumer Impact Statement

FR – Federal Register

G.R.R.C. – Governor’s Regulatory Review

Council

U.S.C. – United States Code

About PreamblesThe Preamble is the part of a

rulemaking package that containsinformation about the rulemaking andprovides agency justification andregulatory intent.

It includes reference to the specificstatutes authorizing the agency tomake the rule, an explanation of therule, reasons for proposing the rule,and the preliminary Economic ImpactStatement.

The information in the Preamblediffers between rulemaking noticesused and the stage of the rulemaking.

Notices of Final Rulemaking


NOTICE OF FINAL RULEMAKINGTITLE 2. ADMINISTRATION

CHAPTER 8. STATE RETIREMENT SYSTEM BOARD[R21-03]

PREAMBLE

1. Article, Part, or Section Affected (as applicable) Rulemaking ActionR2-8-303 Amend

2. Citations to the agency’s statutory rulemaking authority to include the authorizing statute (general) and theimplementing statute (specific):

Authorizing statute: A.R.S. § 38-714(E)(4) Implementing statutes: A.R.S. §§ 38-797 et seq.

3. The effective date for the rules:March 9, 2021

a. If the agency selected a date earlier than the 60 day effective date as specified in A.R.S. § 41-1032(A),include the earlier date and state the reason or reasons the agency selected the earlier effective date as pro-vided in A.R.S. § 41-1032(A)(1) through (5):

Not applicable

b. If the agency selected a date later than the 60 day effective date as specified in A.R.S. § 41-1032(A), includethe later date and state the reason or reasons the agency selected the later effective date as provided inA.R.S. § 41-1032(B):

Not applicable

4. Citations to all related notices published in the Register as specified in R1-1-409(A) that pertain to the record ofthe proposed rules:

Notice of Rulemaking Docket Opening: 26 A.A.R. 2052, October 2, 2020Notice of Proposed Rulemaking: 26 A.A.R. 2031, October 2, 2020

5. The agency’s contact person who can answer questions about the rulemaking:Name: Jessica A.R. Thomas, Rules WriterAddress: Arizona State Retirement System

3300 N. Central Ave., Suite 1400Phoenix, AZ 85012-0250

Telephone: (602) 240-2039E-mail: [email protected]

6. An agency’s justification and reason why a rule should be made, amended, repealed, or renumbered, to includean explanation about the rulemaking:

On August 27, 2019, SB1079 (2019) became effective and amended the definition for what it means to be disabled for Long-TermDisability (LTD) benefits. As such, the ASRS needs to amend its rules in order to clarify how the new definition will be imple-mented. This rulemaking will clarify how ASRS will implement the new LTD definition. Such clarification will ensure membersare aware of when they may be eligible to receive LTD benefits. However, the rules do not impose any additional requirements orburdens on members, other than those required in statute. Thus, the same regulatory objective is achieved while reducing the regu-latory burden.

7. A reference to any study relevant to the rule that the agency reviewed and proposes either to rely on or not relyon in its evaluation of or justification for the rule, where the public may obtain or review each study, all dataunderlying each study, and any analysis of each study and other supporting material.

None

8. A showing of good cause why the rulemaking is necessary to promote a statewide interest if the rulemaking willdiminish a previous grant of authority of a political subdivision of this state:

NOTICES OF FINAL RULEMAKING

This section of the Arizona Administrative Registercontains Notices of Final Rulemaking. Final rules havebeen through the regular rulemaking process as defined inthe Administrative Procedures Act. These rules wereeither approved by the Governor’s Regulatory ReviewCouncil or the Attorney General’s Office. Certificates ofApproval are on file with the Office.

The final published notice includes a preamble and

text of the rules as filed by the agency. Economic ImpactStatements are not published.

The Office of the Secretary of State is the filing office andpublisher of these rules. Questions about the interpretationof the final rules should be addressed to the agency thatpromulgated them. Refer to Item #5 to contact the personcharged with the rulemaking. The codified version of theserules will be published in the Arizona Administrative Code.



Not applicable

9. A summary of the economic, small business, and consumer impact:The ASRS promulgates rules that allow the agency to provide for the proper administration of the state retirement trust fund.ASRS rules affect ASRS members and ASRS employers regarding how they contribute to, and receive benefits from, the ASRS.The ASRS effectively administrates how public-sector employers and employees participate in the ASRS. As such, the ASRS doesnot issue permits or licenses, or charge fees, and its rules have little to no economic impact on private-sector businesses, with theexception of some employer partner charter schools, which have voluntarily contracted to join the ASRS. Thus, there is little to noeconomic, small business, or consumer impact, other than the minimal cost to the ASRS to prepare the rule package. The rule willhave minimal economic impact, if any, because it merely clarifies in further detail whether a member is eligible for LTD benefits.

10. A description of any changes between the proposed rulemaking, including supplemental notices, and the finalrulemaking:

None

11. An agency's summary of the public or stakeholder comments made about the rulemaking and the agencyresponse to the comments:

The ASRS received no written comments regarding the rulemaking. No one attended the oral proceeding on November 3, 2020.

12. All agencies shall list other matters prescribed by statute applicable to the specific agency or to any specific ruleor class of rules. Additionally, an agency subject to Council review under A.R.S. §§ 41-1052 and 41-1055 shallrespond to the following questions:

Nonea. Whether the rule requires a permit, whether a general permit is used and if not, the reasons why a general

permit is not used:None of the rules requires a permit.

b. Whether a federal law is applicable to the subject of the rule, whether the rule is more stringent than federallaw, and if so, citation to the statutory authority to exceed the requirements of federal law:

There are no federal laws applicable to these rules.

c. Whether a person submitted an analysis to the agency that compares the rule’s impact on the competitive-ness of business in this state to the impact on business in other states:

No analysis was submitted.

13. A list of incorporated by reference material as specified in A.R.S. § 41-1028 and its location in the rules:None

14. Whether the rule was previously made, amended, or repealed as an emergency rule. If so, cite the noticepublished in the Register as specified in R1-1-409(A). Also, the agency shall state where the text was changedbetween the emergency and the final rulemaking packages:

Not applicable

15. The full text of the rules follows:

TITLE 2. ADMINISTRATION

CHAPTER 8. STATE RETIREMENT SYSTEM BOARD

ARTICLE 3. LONG-TERM DISABILITY

SectionR2-8-303. Long-Term Disability Calculation

ARTICLE 3. LONG-TERM DISABILITY

R2-8-303. Long-Term Disability CalculationA. The ASRS contracted LTD claims administrator shall calculate an LTD benefit for a member using the member’s monthly compensa-

tion as described in A.R.S. § 38-797(11). B. For a member whose monthly compensation is $0 as of the date of disability, the ASRS shall pay a monthly benefit of $50 unless the

benefit is reduced pursuant to R2-8-807 or required to be reduced pursuant to A.R.S. § 38-797.07(A)(2). C. The ASRS shall reduce a member’s LTD benefit in accordance with A.R.S. § 38-797.07(A).D. Notwithstanding any other section, a member who became disabled on or after August 27, 2019, shall not receive a benefit under this

article that would increase the member’s monthly compensation after disability to an amount that exceeds 100% of the member’smonthly compensation before disability.



NOTICE OF FINAL RULEMAKINGTITLE 2. ADMINISTRATION

CHAPTER 8. STATE RETIREMENT SYSTEM BOARD[R21-04]

PREAMBLE

1. Article, Part, or Section Affected (as applicable) Rulemaking ActionArticle 9 New ArticleR2-8-901 New SectionR2-8-902 New SectionR2-8-903 New SectionR2-8-904 New Section

2. Citations to the agency's statutory rulemaking authority to include both the authorizing statute (general) and theimplementing statute (specific):

Authorizing statute: A.R.S. § 38-714(E)(4) Implementing statutes: A.R.S. §§ 38-613, 38-711, 38-736, 38-737, 38-739, 38-746, 38-769, 38-797.05, 41-192

3. The effective date for the rules:March 9, 2021

a. If the agency selected a date earlier than the 60 day effective date as specified in A.R.S. § 41-1032(A),include the earlier date and state the reason or reasons the agency selected the earlier effective date as pro-vided in A.R.S. § 41-1032(A)(1) through (5):

Not applicable

b. If the agency selected a date later than the 60 day effective date as specified in A.R.S. § 41-1032(A), includethe later date and state the reason or reasons the agency selected the later effective date as provided inA.R.S. § 41-1032(B):

Not applicable

4. Citations to all related notices published in the Register as specified in R1-1-409(A) that pertain to the record ofthe final rulemaking package:

Notice of Rulemaking Docket Opening: 26 A.A.R. 2052, October 2, 2020Notice of Proposed Rulemaking: 26 A.A.R. 2033, October 2, 2020

5. The agency's contact person who can answer questions about the rulemaking:Name: Jessica A.R. Thomas, Rules WriterAddress: Arizona State Retirement System

3300 N. Central Ave., Suite 1400Phoenix, AZ 85012-0250

Telephone: (602) 240-2039E-mail: [email protected]

6. An agency's justification and reason why a rule should be made, amended, repealed, or renumbered, to includean explanation about the rulemaking:

The ASRS needs to adopt approximately four rules to clarify how contributions are remitted and how the ASRS may use compen-sation from a separate Employer for certain calculations depending on the date of membership. These rules will clarify which com-pensation the ASRS will use for contribution accounting and pension calculations. Many members and Employers are confusedabout what is “compensation” for ASRS purposes. These rules will increase understandability of how the ASRS uses compensa-tion in its calculations, but the rules do not impose any additional requirements or burdens on members.

7. A reference to any study relevant to the rule that the agency reviewed and either relied on or did not rely on in itsevaluation of or justification for the rule, where the public may obtain or review each study, all data underlyingeach study, and any analysis of each study and other supporting material:

No study was reviewed.


Not applicable

9. A summary of the economic, small business, and consumer impact:There is little to no economic, small business, or consumer impact, other than the minimal cost to the ASRS to prepare the rulepackage. The rules will have minimal economic impact, if any, because the rulemaking simply clarifies statutory requirements thatalready exist. There may be some economic impact to members and Employers with regard to the contributions they are requiredto submit for eligible compensation. Clarifying how contributions must be remitted to the ASRS and how members accrue servicecredit will increase the understandability of how the ASRS shall calculate a pension, thereby reducing the regulatory burdenimposed on the public. This clarification will ensure that ASRS members and Employers have notice about how the ASRS admin-isters its retirement program. Thus, the economic impact is minimized.



10. A description of any changes between the proposed rulemaking, including supplemental notices, and the finalrulemaking:

None

11. An agency's summary of the public or stakeholder comments made about the rulemaking and the agencyresponse to the comments:

The ASRS received no written comments regarding the rulemaking. No one attended the oral proceeding on November 3, 2020.

12. All agencies shall list any other matters prescribed by statute applicable to the specific agency or to any specificrule or class of rules. Additionally, an agency subject to Council review under A.R.S. §§ 41-1052 and 41-1055shall respond to the following questions:

None a. Whether the rule requires a permit, whether a general permit is used and if not, the reasons why a general

permit is not used:The rules do not require a permit.

b. Whether a federal law is applicable to the subject of the rule, whether the rule is more stringent than federallaw and if so, citation to the statutory authority to exceed the requirements of federal law:

There are no federal laws applicable to these rules.

c. Whether a person submitted an analysis to the agency that compares the rule's impact of the competitive-ness of business in this state to the impact on business in other states:

No analysis was submitted.

13. A list of any incorporated by reference material as specified in A.R.S. § 41-1028 and its location in the rule:No materials are incorporated by reference.

14. Whether the rule was previously made, amended, or repealed as an emergency rule. If so, cite the noticepublished in the Register as specified in R1-1-409(A). Also, the agency shall state where the text was changedbetween the emergency and the final rulemaking packages:

Not applicable


TITLE 2. ADMINISTRATION

CHAPTER 8. STATE RETIREMENT SYSTEM BOARD

ARTICLE 9. EXPIRED COMPENSATION

SectionR2-8-901. Expired DefinitionsR2-8-902. Expired Remitting ContributionsR2-8-903. Expired Accrual of Credited ServiceR2-8-904. Expired Compensation from an Additional Employer

ARTICLE 9. EXPIRED COMPENSATION

R2-8-901. Expired Definitions“Services rendered” means the duties which a member performs for an Employer as required by the member’s employment with theEmployer.

R2-8-902. Expired Remitting ContributionsPursuant to A.R.S. §§ 38-736, 38-737, and 38-797.05, an Employer shall remit contributions to the ASRS through the Employer’s secureASRS account for any payment the Employer provides to the member that is eligible to be included as compensation under this section.

R2-8-903. Expired Accrual of Credited ServiceA. A member shall accrue service credits pursuant A.R.S. § 38-739 for each month in which the Employer’s pay period ends and for

which contributions have been remitted to the ASRS, except for pay the member receives from the Employer for services rendered ina prior pay period for which contributions were remitted pursuant to R2-8-902.

B. Regardless of whether the member meets membership requirements with more than one Employer, a member may not earn more thanone month of service credit in a calendar month and not more than one year of service credit during a fiscal year.

R2-8-904. Expired Compensation from An Additional EmployerA. For purposes of remitting contributions pursuant to R2-8-902, compensation includes pay the member receives from an additional

Employer if:1. The member meets membership pursuant to A.R.S. § 38-711 with at least one Employer;2. The member was employed with the additional Employer and did not meet membership with the additional Employer pursuant

to A.R.S. § 38-711 between January 1, 2005 through December 31, 2009;3. The member resumed or continued employment with the additional Employer and did not meet membership with the additional

Employer prior to January 1, 2012; and4. The member does not leave employment with an Employer or the additional Employer in an unpaid status for more than 30 con-

secutive days during the member’s service year.



B. For purposes of calculating average monthly compensation according to A.R.S. § 38-711, compensation includes the pay identified insubsection (A).

C. Notwithstanding any other subsection, for a member whose membership began after December 31, 2009, compensation includes paythe member receives from an additional Employer if the member meets membership pursuant to A.R.S. § 38-711 with the additionalEmployer.

NOTICE OF FINAL RULEMAKINGTITLE 4. PROFESSIONS AND OCCUPATIONS

CHAPTER 30. BOARD OF TECHNICAL REGISTRATION[R21-05]

PREAMBLE

1. Article, Part, or Section Affected (as applicable) Rulemaking ActionR4-30-247 Amend

2. Citations to the agency’s statutory rulemaking authority to include the authorizing statute (general) and theimplementing statute (specific):

Authorizing statutes: §§ 32-106(A)(1)(9), 32-106(F), 32-111(D)(7), and 32-121Implementing statutes: §§ 32-101 and 32-122.02(A)(8)

3. The effective date of the rules:March 9, 2021

4. Citations to all related notices published in the Register as specified in R1-1-409(A) that pertain to the record ofthe proposed rules:

Notice of Rulemaking Docket Opening: 25 A.A.R. 3291, November 8, 2019Notice of Proposed Rulemaking: 25 A.A.R. 3477, December 6, 2019Notice of Supplemental Proposed Rulemaking: 26 A.A.R. 1428, July 17, 2020

5. The name and address of agency personnel with whom persons may communicate regarding the rule:Name: Kurt Winter, Communications LeadAddress: Board of Technical Registration

1110 W. Washington, Suite 240Phoenix, AZ 85007

Telephone: (602) 364-4883Fax: (602) 364-4931 E-mail: [email protected]

6. An agency’s justification and reason why a rule should be made, amended, repealed or renumbered, to includean explanation about the rulemaking:

The Board has received requests for clarification related to the financial assurance home inspectors are required to obtain andretain per A.R.S. § 32-122.02 in the event a home inspector applies to place the certification on inactive status. The statute does notwaive the financial assurance requirement for home inspectors who choose to put a certificate on inactive status. However, theBoard recognizes a home inspector may choose inactive status either for a limited period of time, or as a permanent retirementvehicle. The Board’s proposed rule requires a home inspector who chooses to place a certificate on inactive status to retain thefinancial assurance for at least two years from the date the inactive application is approved. The rule amendment is intended tokeep the public welfare intent of the financial assurance in place for a reasonable period of time, but allow a home inspector toenter retirement without a permanent burden of financial assurance.

7. A reference to any study relevant to the rule that the agency reviewed and proposes either to rely on or not torely on in its evaluation of or justification for the rule, where the public may obtain or review each study, all dataunderlying each study, and any analysis of each study and other supporting material:

The Board did not rely on any studies related to this rulemaking.


The proposed amendments will not diminish a previous grant of authority of a political subdivision of the state.

9. The preliminary summary of the economic, small business, and consumer impact:The Board does not anticipate any negative economic impact upon the public as a result of this rulemaking.

Home inspectors are required by statute to bear the burden of obtaining and retaining financial assurance (professional liabilityinsurance/bond) to protect the public. The rulemaking does not add to the burden and provides a two-year termination option if thehome inspector permanently retires the certificate. Without this rulemaking, a home inspector who maintains a license by placingit on inactive status would be required by statute to retain the financial assurance permanently. This rule will financially benefitretired home inspectors.

10. Changes made to the rules between proposed and final rules including all supplemental notices:None

11. Summarize the principal comments received from the public and your agency’s response to them:Written comment: one in favor of the changes; three against the changes.



Oral comment: one against the changes. Comments in favor of summarized: the rule change to A.A.C. R4-30-247 would help protect home inspectorsComments against summarized: the rule change to A.A.C. R4-30-247 would create a financial burden for retired home inspectors.

12. All agencies shall list other matters prescribed by statute applicable to the specific agency or to any specific ruleor class of rules. Additionally, an agency subject to Council review under A.R.S. §§ 41-1052 and 41-1055 shallrespond to the following questions:a. Whether the rule requires a permit, whether a general permit is used and if not, the reasons why a general

permit is not used:Not applicable

b. Whether a federal law is applicable to the subject of the rule, whether the rule is more stringent than federallaw and if so, citation to the statutory authority to exceed the requirements of federal law:

No corresponding federal laws apply. The rules are being promulgated under state law.

c. Whether a person submitted an analysis to the agency that compares the rule’s impact of the competitive-ness of business in this state to the impact on business in other states:

No one submitted an analysis to the Board regarding either of these rules.

13. A list of any incorporated by reference material as specified in A.R.S. § 41-1028 and its location in the rules:Not applicable

14. Specify whether the rule was previously made as an emergency rule:The rule was not previously made as an emergency rule.


TITLE 4. PROFESSIONS AND OCCUPATIONS

CHAPTER 30. BOARD OF TECHNICAL REGISTRATION

ARTICLE 2. REGISTRATION PROVISIONS

R4-30-247. Home Inspector Certification

ARTICLE 2. REGISTRATION PROVISIONS

R4-30-247. Home Inspector Certification A. An applicant for certification as a home inspector shall submit an original completed application package that contains the following:

1. Evidence of successful completion, within two years before the date of application, of the National Home Inspector Examinationas administered by the Examination Board of Professional Home Inspectors;

2. The information in subsections (B) and (C); 3. A completed fingerprint card; 4. Applicable fees; 5. Evidence of successful completion of 84 hours of classroom training or an equivalent course conducted by an educational facil-

ity that is licensed by the Arizona State Board for Private Postsecondary Education, or accredited by the Distance EducationAccrediting Commission, or by an accrediting agency approved by the United States Department of Education. The course ofstudy shall encompass all of following major content areas: a. Structural Components,b. Exterior, c. Roofing, d. Plumbing, e. Heating, f. Cooling, g. Electrical, h. Insulation and Ventilation, i. Interiors, j. Fireplaces and Solid Fuel-Burning Devices, k. Swimming Pools & Spas, and l. Professional Practice;

6. Evidence of completion of 30 parallel inspections. The 30 parallel inspections and home inspection report shall meet the stan-dards in R4-30-301.01 and be retained by the applicant for at least two years from the date of application. The applicant shallconduct these inspections on separate residential dwelling units and shall list them on a log provided by the Board. The log shallinclude, with respect to each inspection, the address of the property, the date of the inspection, and the name and certificationnumber of the supervising home inspector. The Board may hold the applicant’s package for a period of one year based solely onthe need for time to permit the applicant to complete the required parallel inspections. All timeframes promulgated under A.R.S.Title 41, Chapter 6, Article 7.1 are suspended during this period.

B. A certified home inspector is not required to inspect a pool and/or spa as part of a home inspection. If a certified home inspector con-ducts a pool and/or spa inspection, it shall be conducted in accordance with the “Standards of Professional Practice for the Inspection



of Swimming Pools & Spas for Arizona Home Inspectors,” (“Standards”) adopted and published by the Board on February 28, 2012.Copies of the Standards are available at the Board’s office.

C. The application package shall contain the following: 1. Name, residence address, mailing address if different from residence address, and telephone number; 2. Date of birth and Social Security number of the applicant; 3. Citizenship or legal residence; 4. A detailed explanatory statement regarding:

a. Any disciplinary action, including suspension and revocation, taken by any state or jurisdiction on any professional oroccupational registration, license, or certification held by the applicant in any state or jurisdiction;

b. Refusal of any professional or occupational registration, license, or certification by any state or jurisdiction; c. Any pending disciplinary action in any state or jurisdiction on any professional or occupational registration, license, or cer-

tification held by the applicant; d. Any alias or other name used by the applicant; e. Any conviction for a felony or misdemeanor, other than a minor traffic violation.

5. Documentation of absolute discharge from sentence at least five years before the date of application if an applicant has been con-victed of one or more felonies; evidence of having a valid fingerprint clearance card issued pursuant to Title 41, Chapter 12,Article 3.1;

6. State or jurisdiction in which any professional or occupational registration, license or certification is held; type of registration,license, or certification; number; year granted, and how registration, license, or certification was granted (that is, by examina-tion, education, experience, or reciprocity); Arizona Administrative Code Supp. 18-2, June 30, 2018, page 18.

7. The current status of any application for any type of professional or occupational registration, license, or certification pending inanother state or jurisdiction;

8. A release authorizing the Board to investigate the applicant’s education, experience, and moral character and repute; 9. Certification that the information provided to the Board is accurate, true, and complete; 10. Copy of one home inspection report that meets the standards in R4-30-301.01 and reports on at least one immediate major repair

as defined in the standards, along with the Report Checklist Supplement; and 11. Sworn statement or statements by the supervising certified home inspector or inspectors that the parallel inspections conducted

by the applicant meet the standards in R4-30-301.01. D. The Board staff shall review all applications and, if necessary, refer completed applications to the Home Inspector Rules and Stan-

dards Committee or a certified home inspector evaluator for evaluation. If the application is complete and in the proper form, theBoard staff, committee, or evaluator is satisfied that all statements on the application are true, and the applicant is eligible in all otheraspects to be certified as a home inspector, the Board staff, committee, or evaluator shall recommend that the Board certify the appli-cant. If the evidence is not clear and convincing of qualification for certification, the matter shall be reviewed by the committee andthe committee may request additional information regarding any issue upon which the applicant has not established qualification byclear and convincing evidence.

E. A certified home inspector shall notify the Board in writing within five business days of any loss of, or change in, financial assurance.The Board shall suspend the certificate holder’s certification immediately and prohibit further home inspections until current proof offinancial assurance is provided to the Board. The Board shall revoke a certificate if the certificate holder fails to provide proof offinancial assurance within 90 days of loss of financial assurance or lapse of policy. All certified home inspectors shall provide proofof financial assurance at the time of each annual certification renewal. The Board shall not renew a home inspector certificationunless the financial assurance is in full force and effect.

F. A home inspector who places a home inspector certificate on inactive status shall retain the proof of financial assurance for at leasttwo years after the date that the certificate becomes inactive. A home inspector who fails to retain financial assurance for the requiredtwo years is subject to suspension and revocation of the home inspection certificate as per subsection (E). In order to reactivate aninactive home inspection certificate, a home inspector shall provide proof of financial assurance to the Board with the application forreactivation. An inactive home inspector certification shall not qualify for reactivation until proof of financial assurance has been sub-mitted to the Board.

F.G. In order to reactivate an inactive home inspector certificate, a home inspector who has not practiced as a certified home inspectorduring that time in another state requiring registration for the previous five years shall take and pass the National Home InspectorExamination.


Notices of Public Information

ea

NOTICE OF PUBLIC INFORMATIONARIZONA DEPARTMENT OF AGRICULTURE

WEIGHTS AND MEASURES SERVICES DIVISION[M21-04]

1. Title of the substantive policy statements and the numbers by which the substantive policy statements arereferenced:

a. Civil penalties, Policy and Procedure 305 (December 8, 1995 Administrative Register).b. Motor Fuel Sampling, Policy and Procedure 307 (December 8, 1995 Administrative Register).c. Package Testing Procedure, Policy and Procedure 308 (December 8, 1995 Administrative Register).d. National Type Evaluation Program Regulatory Policy (December 8, 1995 Administrative Register).e. SP #2, Large and Medium Capacity Scale Suitability and Accuracy Requirements (November 2, 2001 Administrative Reg-

ister).f. SP #1 AZRBOB T50 specification, 2002, unpublished.g. ADWM Tribal Government Policy, 2006, unpublished.h. SP #4, Large and Medium Capacity Scales, 2006, unpublished.

2. The public information relating to the substantive policy statements:The Arizona Department of Agriculture, Weights and Measures Service Division (“WMSD”) is rescinding the substantive policystatements specified in paragraph #1, effective January 1, 2021. The policies stated therein were modified or integrated into newCommission regulations; were incorrectly codified as substantive policy statements; or are no longer necessary. The Commissionmay issue new substantive policy statements or guidance documents related to the topics in the rescinded substantive policy state-ments, if necessary.

3. The name and address of agency personnel with whom persons may communicate regarding this notice ofpublic information:

Name: Kevin Allen, Associate DirectorAddress: Weights and Measures Services Division

Arizona Department of Agriculture1688 W. AdamsPhoenix, AZ 85007

Telephone: (480) 848-1709Fax: (623) 939-8586E-mail: [email protected]: https://agriculture.az.gov/weights-measures-services-division

NOTICES OF PUBLIC INFORMATION

Notices of Public Information contain corrections thatagencies wish to make to their notices of rulemaking;miscellaneous rulemaking information that does not fit intoany other category of notice; and other types ofinformation required by statute to be published in theRegister.

Because of the variety of Notices of Public Information,the Office of the Secretary of State has not established aspecific publishing format for these notices. We do howeverrequire agencies to use a numbered list of questions andanswers and follow our filing requirements by presentingreceipts with electronic and paper copies.

Notices of Substantive Policy Statement


NOTICE OF SUBSTANTIVE POLICY STATEMENTWATER INFRASTRUCTURE FINANCE AUTHORITY

[M21-07]

1. Title of the Substantive Policy Statement and the substantive policy statement number by which the substantivepolicy statement is referenced:

Document Title: WIFA Advisory Board and Committee MeetingsIdentification Number: I.6

2. Date the substantive policy statement was issued and the effective date of the policy statement if different fromthe issuance date:

Original Issue Date: April 20, 2011Effective Date: April 15, 2020

3. Summary of the contents of the substantive policy statement:The Authority issued a policy to describe WIFA’s Advisory Board positions on the board and committees.

4. Federal or state constitutional provision; federal or state statute, administrative rule, or regulation; or final courtjudgment that underlies the substantive policy statement:

Not applicable

5. A statement as to whether the substantive policy statement is a new statement or a revision:This is a revised substantive policy statement.

6. The agency contact person who can answer questions about the substantive policy statement:Name: Dan DialessiAddress: Water Infrastructure Finance Authority

100 N. 7th Ave., Suite 130Phoenix, AZ 85007

Telephone: (602) 364-1310Fax: (602) 364-1327E-mail: [email protected]: www.azwifa.gov

7. Information about where a person may obtain a copy of the substantive policy statement and the costs forobtaining the policy statement:

Copies are available at the Water Infrastructure Finance Authority, 100 N. 7th Ave., Suite 130, Phoenix, AZ 85007 or from the per-son listed above.

NOTICES OF SUBSTANTIVE POLICY STATEMENT

The Administrative Procedure Act (APA) requires thepublication of Notices of Substantive Policy Statementissued by agencies (A.R.S. § 41-1013(B)(9)).

Substantive policy statements are written expressionswhich inform the general public of an agency’s currentapproach to rule or regulation practice.

Substantive policy statements are advisory only. Asubstantive policy statement does not include internalprocedural documents that only affect an agency’s

internal procedures and does not impose additional requirements or penalties on regulated parties or includeconfidential information or rules made in accordance with theAPA.

If you believe that a substantive policy statement doesimpose additional requirements or penalties on regulatedparties, you may petition the agency under A.R.S. § 41-1033for a review of the statement.


Notices of Agency Ombudsman

NOTICE OF AGENCY OMBUDSMAN

DEPARTMENT OF CORRECTIONS[M21-05]

1. The agency name: Department of Corrections

2. The ombudsman’s:a. Name: Kimberly Currierb. Title: Inmate Ombudsman

3. The ombudsman’s office address to include the city, state and zip code:Address: Department of Corrections

1601 W. Jefferson St.Phoenix, AZ 85007

4. The ombudsman’s area code and telephone number, fax number and e-mail address, if available:Telephone: (623) 337-2572E-mail: [email protected]

NOTICE OF AGENCY OMBUDSMAN

DEPARTMENT OF CORRECTIONS[M21-06]

1. The agency name: Department of Corrections

2. The ombudsman’s:a. Name: Lynne Hilliardb. Title: Ombudsman

3. The ombudsman’s office address to include the city, state and zip code:Address: Department of Corrections

1601 W. Jefferson St.Phoenix, AZ 85007

4. The ombudsman’s area code and telephone number, fax number and e-mail address, if available:Telephone: (602) 542-1069E-mail: [email protected]

NOTICES OF AGENCY OMBUDSMAN

The Administrative Procedure Act requires thepublication of Notices of Agency Ombudsman. Agenciesshall publish annually in the Register the name or namesof those employees who are designated by the agency to

assist members of the public or regulated community inseeking information or assistance from the agency. (A.R.S. §41-1006)

Executive Order 2020-02


EXECUTIVE ORDER 2020-02

Moratorium on Rulemaking to Promote Job Creation andEconomic Development; Implementation of Licensing Reform Policies

[M20-01]WHEREAS, government regulations should be as limited as possible; and

WHEREAS, burdensome regulations inhibit job growth and economic development; and

WHEREAS, protecting the public health, peace and safety of the residents of Arizona is a top priority of state government; and

WHEREAS, in 2015, the State of Arizona implemented a moratorium on all new regulatory rulemaking by State agencies throughexecutive order, and renewed the moratorium in 2016, 2017, 2018 and 2019; and

WHEREAS, the State of Arizona eliminated or improved 637 burdensome regulations in 2019 and a total of 2,289 needless regulationshave been eliminated or improved since 2015; and

WHEREAS, estimates show these eliminations saved job creators $53.9 million in operating costs in 2019 and a total of over $134.3million in savings since 2015; and

WHEREAS, in 2019, for every one new necessary rule added to the Administrative Code, five have been repealed or improved; and

WHEREAS, approximately 354,000 private sector jobs have been added to Arizona since January 2015; and

WHEREAS, all government agencies of the State of Arizona should continue to promote customer-service-oriented principles for thepeople that it serves; and

WHEREAS, each State agency shall continue to conduct a critical and comprehensive review of its administrative rules and take action toreduce the regulatory burden, administrative delay and legal uncertainty associated with government regulation while protecting the healthand safety of residents; and

WHEREAS, each State agency should continue to evaluate its administrative rules using any available and reliable data and performancemetrics; and

WHEREAS, Article 5, Section 4 of the Arizona Constitution and Title 41, Chapter 1, Article 1 of the Arizona Revised Statutes vests theexecutive power of the State of Arizona in the Governor.

NOW, THEREFORE, I, Douglas A. Ducey, by virtue of the authority vested in me by the Constitution and laws of the State of Arizonahereby declare the following:

1. A State agency subject to this Order shall not conduct any rulemaking, whether informal or formal, without the prior writtenapproval of the Office of the Governor. In seeking approval, a State agency shall address one or more of the following as justifi-cations for the rulemaking:a. To fulfill an objective related to job creation, economic development or economic expansion in this State.b. To reduce or ameliorate a regulatory burden while achieving the same regulatory objective.c. To prevent a significant threat to the public health, peace or safety.d. To avoid violating a court order or federal law that would result in sanctions by a federal court for failure to conduct the

rulemaking action.e. To comply with a federal statutory or regulatory requirement if such compliance is related to a condition for the receipt of

federal funds or participation in any federal program. f. To comply with a state statutory requirement. g. To fulfill an obligation related to fees or any other action necessary to implement the State budget that is certified by the

Governor’s Office of Strategic Planning and Budgeting. h. To promulgate a rule or other item that is exempt from Title 41, Chapter 6, Arizona Revised Statutes, pursuant to section

41-1005, Arizona Revised Statutes.i. To address matters pertaining to the control, mitigation or eradication of waste, fraud or abuse within an agency or wasteful,

fraudulent or abusive activities perpetrated against an agency.j. To eliminate rules which are antiquated, redundant or otherwise no longer necessary for the operation of state government.

2. A State agency that submits a rulemaking request pursuant to this Order shall recommend for consideration by the Office of theGovernor at least three existing rules to eliminate for every one additional rule requested by the agency.

GOVERNOR EXECUTIVE ORDER

Executive Order 2020-02 is being reproduced in each issue of the Administrative Register as a notice to the public regarding state agencies’ rulemaking activities.

This order has been reproduced in its entirety as submitted.


Executive Order 2020-02

3. A State agency that submits a rulemaking exemption request pursuant to this Order shall include with their request an analysis ofhow small businesses may be impacted by any newly proposed rules or rule modifications.

4. A State agency subject to this Order shall not publicize any directives, policy statements, documents or forms on its websiteunless such are explicitly authorized by the Arizona Revised Statutes or Arizona Administrative Code. Any material that is notspecifically authorized must be removed immediately.

5. A State agency that issues occupational or professional licenses shall prominently post on the agency’s website landing page allcurrent state policies that ease licensing burdens and the exact steps applicants must complete to receive their license using thesepolicies. State agencies should provide information that applies to all applicants, but have a designated area on such landing pagethat includes licensing information specifically for military spouses, active duty service members and veterans and all policiesthat make it easier for these applicant groups to receive their license. Examples of reduced licensing burdens include universalrecognition of out-of-state licenses, availability of temporary licenses, fee waivers, exam exemptions and/or allowing an appli-cant to substitute military education or experience for licensing requirements. A landing page feature may link to an internalagency web page with more information, if necessary. All information must be easy to locate and written in clear and conciselanguage.

6. All state agencies that are required to issue occupational or professional licenses by universal recognition (established by section32-4302, Arizona Revised Statutes) must track all applications received for this license type. Before any agency denies a profes-sional or occupational license applied for under section 32-4302, Arizona Revised Statutes, the agency shall submit the applica-tion and justification for denial to the Office of the Governor for review before any official action is taken by the agency. TheOffice of the Governor should be notified of any required timeframes, whether in statute or rule, for approval or denial of thelicense by the agency.

7. For the purposes of this Order, the term “State agencies” includes, without limitation, all executive departments, agencies,offices, and all state boards and commissions, except for: (a) any State agency that is headed by a single elected State official; (b)the Corporation Commission; and (c) any board or commission established by ballot measure during or after the November 1998general election. Those state agencies, boards and commissions excluded from this Order are strongly encouraged to voluntarilycomply with this Order in the context of their own rulemaking processes.

8. This Order does not confer any legal rights upon any persons and shall not be used as a basis for legal challenges to rules,approvals, permits, licenses or other actions or to any inaction of a State agency. For the purposes of this Order, “person,” “rule”and “rulemaking” have the same meanings prescribed in section 41-1001, Arizona Revised Statutes.

IN WITNESS THEREOF, I have hereunto set my hand and caused to be affixed theGreat Seal of the State of Arizona. Douglas A. DuceyGOVERNORDONE at the Capitol in Phoenix on this 13th day of January in the Year Two Thousandand Twenty and of the Independence of the United States of America the Year TwoHundred and Forty-Fourth.ATTEST: Katie HobbsSECRETARY OF STATE

Indexes


REGISTER INDEXES

The Register is published by volume in a calendar year (See “General Information” in the front of each issue for more information).

Abbreviations for rulemaking activity in this Index include:

PROPOSED RULEMAKINGPN = Proposed new SectionPM = Proposed amended SectionPR = Proposed repealed SectionP# = Proposed renumbered Section

SUPPLEMENTAL PROPOSED RULEMAKINGSPN = Supplemental proposed new SectionSPM = Supplemental proposed amended SectionSPR = Supplemental proposed repealed SectionSP# = Supplemental proposed renumbered Section

FINAL RULEMAKINGFN = Final new SectionFM = Final amended SectionFR = Final repealed SectionF# = Final renumbered Section

SUMMARY RULEMAKINGPROPOSED SUMMARYPSMN = Proposed Summary new SectionPSMM = Proposed Summary amended SectionPSMR = Proposed Summary repealed SectionPSM# = Proposed Summary renumbered SectionFINAL SUMMARYFSMN = Final Summary new SectionFSMM = Final Summary amended SectionFSMR = Final Summary repealed SectionFSM# = Final Summary renumbered Section

EXPEDITED RULEMAKINGPROPOSED EXPEDITEDPEN = Proposed Expedited new SectionPEM = Proposed Expedited amended SectionPER = Proposed Expedited repealed SectionPE# = Proposed Expedited renumbered SectionSUPPLEMENTAL EXPEDITEDSPEN = Supplemental Proposed Expedited new SectionSPEM = Supplemental Proposed Expedited amended SectionSPER = Supplemental Proposed Expedited repealed SectionSPE# = Supplemental Proposed Expedited renumbered Sec-tionFINAL EXPEDITEDFEN = Final Expedited new SectionFEM = Final Expedited amended SectionFER = Final Expedited repealed SectionFE# = Final Expedited renumbered Section

EXEMPT RULEMAKINGEXEMPTXN = Exempt new SectionXM = Exempt amended SectionXR = Exempt repealed SectionX# = Exempt renumbered SectionEXEMPT PROPOSEDPXN = Proposed Exempt new SectionPXM = Proposed Exempt amended SectionPXR = Proposed Exempt repealed SectionPX# = Proposed Exempt renumbered SectionEXEMPT SUPPLEMENTAL PROPOSEDSPXN = Supplemental Proposed Exempt new SectionSPXR = Supplemental Proposed Exempt repealed SectionSPXM = Supplemental Proposed Exempt amended SectionSPX# = Supplemental Proposed Exempt renumbered SectionFINAL EXEMPT RULEMAKINGFXN = Final Exempt new SectionFXM = Final Exempt amended SectionFXR = Final Exempt repealed SectionFX# = Final Exempt renumbered Section

EMERGENCY RULEMAKINGEN = Emergency new SectionEM = Emergency amended SectionER = Emergency repealed SectionE# = Emergency renumbered SectionEEXP = Emergency expired

RECODIFICATION OF RULESRC = Recodified

REJECTION OF RULESRJ = Rejected by the Attorney General

TERMINATION OF RULESTN = Terminated proposed new SectionsTM = Terminated proposed amended SectionTR = Terminated proposed repealed SectionT# = Terminated proposed renumbered Section

RULE EXPIRATIONSEXP = Rules have expiredSee also “emergency expired” under emergency rulemaking

CORRECTIONSC = Corrections to Published Rules


Indexes

Agriculture, Department of - Plant Services Division

Table 1. EM-39

Charter Schools, State Board for

R7-5-507. FXM-64

Environmental Quality, Department of - Solid Waste Management

R18-13-201. FEM-57

R18-13-703. FEM-57R18-13-1301. FEM-57R18-13-1302. FEM-57R18-13-1303. FEM-57R18-13-1304. FEM-57R18-13-1601. FEM-57R18-13-1602. FEM-57R18-13-1603. FEM-57R18-13-1604. FEM-57R18-13-1607. FEM-57R18-13-1608. FEM-57

R18-13-1610. FEM-57R18-13-1613. FEM-57

Game and Fish Commission

R12-4-111. PR-5R12-4-209. PR-5R12-4-214. PR-5R12-4-301. PM-5R12-4-303. PM-5

Agency Ombudsman, Notices of

Dental Examiners, State Board of; p.74

Insurance and Financial Institutions,Arizona Department of - Divi-sion of Insurance; p. 44

Transportation, Department of; p. 15Water Resources, Department of; p.

74

Docket Opening, Notices of Rulemaking

Environmental Quality, Departmentof - Air Pollution Control; 18A.A.C. 2; p. 14

Game and Fish Commission; 12A.A.C. 4; p. 13

Governor’s Office

Executive Order 2020-02: pp. 16-17

Governor’s Regulatory ReviewCouncilNotices of Action Taken at MonthlyMeetings: pp. 83-84

Substantive Policy Statement, Notices of Rulemaking

Insurance and Financial Institutions,Arizona Department of - Divi-sion of Insurance; pp. 43, 72

Pharmacy, Board of; p. 42State Lottery, Arizona; p. 42

2021 Arizona Administrative Register

Volume 27 Page Guide

Issue 1, Jan. 1, 2021.......................1-34 Issue 2, Jan. 8, 2021........................35-52 Issue 3, Jan. 15, 2021....................53-84

RULEMAKING ACTIVITY INDEX

Rulemakings are listed in the Index by Chapter, Section number, rulemaking activity abbreviation and volume page number. Use thepage guide above to determine the Register issue number to review the rule. Headings for the Subchapters, Articles, Parts, and Sectionsare not indexed.

THIS INDEX INCLUDES RULEMAKING ACTIVITY THROUGH ISSUE 3 OF VOLUME 27.

OTHER NOTICES AND PUBLIC RECORDS INDEX

Other legal notices required to be published under the Administrative Procedure Act, such as Rulemaking Docket Openings, areincluded in this Index by volume page number. Notices of Agency Ombudsman, Substantive Policy Statements, Proposed DelegationAgreements, and other applicable public records as required by law are also listed in this Index by volume page number.

THIS INDEX INCLUDES OTHER NOTICE ACTIVITY THROUGH ISSUE 3 OF VOLUME 27.

Calendar/Deadlines


RULES EFFECTIVE DATES CALENDAR

A.R.S. § 41-1032(A), as amended by Laws 2002, Ch. 334, § 8 (effective August 22, 2002), states that a rule generallybecomes effective 60 days after the day it is filed with the Secretary of State’s Office. The following table lists filing datesand effective dates for rules that follow this provision. Please also check the rulemaking Preamble for effective dates.

January February March April May June

Date Filed EffectiveDate Date Filed Effective

Date Date Filed EffectiveDate Date Filed Effective


Date

1/1 3/2 2/1 4/2 3/1 4/30 4/1 5/31 5/1 6/30 6/1 7/31

1/2 3/3 2/2 4/3 3/2 5/1 4/2 6/1 5/2 7/1 6/2 8/1

1/3 3/4 2/3 4/4 3/3 5/2 4/3 6/2 5/3 7/2 6/3 8/2

1/4 3/5 2/4 4/5 3/4 5/3 4/4 6/3 5/4 7/3 6/4 8/3

1/5 3/6 2/5 4/6 3/5 5/4 4/5 6/4 5/5 7/4 6/5 8/4

1/6 3/7 2/6 4/7 3/6 5/5 4/6 6/5 5/6 7/5 6/6 8/5

1/7 3/8 2/7 4/8 3/7 5/6 4/7 6/6 5/7 7/6 6/7 8/6

1/8 3/9 2/8 4/9 3/8 5/7 4/8 6/7 5/8 7/7 6/8 8/7

1/9 3/10 2/9 4/10 3/9 5/8 4/9 6/8 5/9 7/8 6/9 8/8

1/10 3/11 2/10 4/11 3/10 5/9 4/10 6/9 5/10 7/9 6/10 8/9

1/11 3/12 2/11 4/12 3/11 5/10 4/11 6/10 5/11 7/10 6/11 8/10

1/12 3/13 2/12 4/13 3/12 5/11 4/12 6/11 5/12 7/11 6/12 8/11

1/13 3/14 2/13 4/14 3/13 5/12 4/13 6/12 5/13 7/12 6/13 8/12

1/14 3/15 2/14 4/15 3/14 5/13 4/14 6/13 5/14 7/13 6/14 8/13

1/15 3/16 2/15 4/16 3/15 5/14 4/15 6/14 5/15 7/14 6/15 8/14

1/16 3/17 2/16 4/17 3/16 5/15 4/16 6/15 5/16 7/15 6/16 8/15

1/17 3/18 2/17 4/18 3/17 5/16 4/17 6/16 5/17 7/16 6/17 8/16

1/18 3/19 2/18 4/19 3/18 5/17 4/18 6/17 5/18 7/17 6/18 8/17

1/19 3/20 2/19 4/20 3/19 5/18 4/19 6/18 5/19 7/18 6/19 8/18

1/20 3/21 2/20 4/21 3/20 5/19 4/20 6/19 5/20 7/19 6/20 8/19

1/21 3/22 2/21 4/22 3/21 5/20 4/21 6/20 5/21 7/20 6/21 8/20

1/22 3/23 2/22 4/23 3/22 5/21 4/22 6/21 5/22 7/21 6/22 8/21

1/23 3/24 2/23 4/24 3/23 5/22 4/23 6/22 5/23 7/22 6/23 8/22

1/24 3/25 2/24 4/25 3/24 5/23 4/24 6/23 5/24 7/23 6/24 8/23

1/25 3/26 2/25 4/26 3/25 5/24 4/25 6/24 5/25 7/24 6/25 8/24

1/26 3/27 2/26 4/27 3/26 5/25 4/26 6/25 5/26 7/25 6/26 8/25

1/27 3/28 2/27 4/28 3/27 5/26 4/27 6/26 5/27 7/26 6/27 8/26

1/28 3/29 2/28 4/29 3/28 5/27 4/28 6/27 5/28 7/27 6/28 8/27

1/29 3/30 3/29 5/28 4/29 6/28 5/29 7/28 6/29 8/28

1/30 3/31 3/30 5/29 4/30 6/29 5/30 7/29 6/30 8/29

1/31 4/1 3/31 5/30 5/31 7/30


Calendar/Deadlines

July August September October November December

Date Filed EffectiveDate Date Filed Effective



Date

7/1 8/30 8/1 9/30 9/1 10/31 10/1 11/30 11/1 12/31 12/1 1/30

7/2 8/31 8/2 10/1 9/2 11/1 10/2 12/1 11/2 1/1 12/2 1/31

7/3 9/1 8/3 10/2 9/3 11/2 10/3 12/2 11/3 1/2 12/3 2/1

7/4 9/2 8/4 10/3 9/4 11/3 10/4 12/3 11/4 1/3 12/4 2/2

7/5 9/3 8/5 10/4 9/5 11/4 10/5 12/4 11/5 1/4 12/5 2/3

7/6 9/4 8/6 10/5 9/6 11/5 10/6 12/5 11/6 1/5 12/6 2/4

7/7 9/5 8/7 10/6 9/7 11/6 10/7 12/6 11/7 1/6 12/7 2/5

7/8 9/6 8/8 10/7 9/8 11/7 10/8 12/7 11/8 1/7 12/8 2/6

7/9 9/7 8/9 10/8 9/9 11/8 10/9 12/8 11/9 1/8 12/9 2/7

7/10 9/8 8/10 10/9 9/10 11/9 10/10 12/9 11/10 1/9 12/10 2/8

7/11 9/9 8/11 10/10 9/11 11/10 10/11 12/10 11/11 1/10 12/11 2/9

7/12 9/10 8/12 10/11 9/12 11/11 10/12 12/11 11/12 1/11 12/12 2/10

7/13 9/11 8/13 10/12 9/13 11/12 10/13 12/12 11/13 1/12 12/13 2/11

7/14 9/12 8/14 10/13 9/14 11/13 10/14 12/13 11/14 1/13 12/14 2/12

7/15 9/13 8/15 10/14 9/15 11/14 10/15 12/14 11/15 1/14 12/15 2/13

7/16 9/14 8/16 10/15 9/16 11/15 10/16 12/15 11/16 1/15 12/16 2/14

7/17 9/15 8/17 10/16 9/17 11/16 10/17 12/16 11/17 1/16 12/17 2/15

7/18 9/16 8/18 10/17 9/18 11/17 10/18 12/17 11/18 1/17 12/18 2/16

7/19 9/17 8/19 10/18 9/19 11/18 10/19 12/18 11/19 1/18 12/19 2/17

7/20 9/18 8/20 10/19 9/20 11/19 10/20 12/19 11/20 1/19 12/20 2/18

7/21 9/19 8/21 10/20 9/21 11/20 10/21 12/20 11/21 1/20 12/21 2/19

7/22 9/20 8/22 10/21 9/22 11/21 10/22 12/21 11/22 1/21 12/22 2/20

7/23 9/21 8/23 10/22 9/23 11/22 10/23 12/22 11/23 1/22 12/23 2/21

7/24 9/22 8/24 10/23 9/24 11/23 10/24 12/23 11/24 1/23 12/24 2/22

7/25 9/23 8/25 10/24 9/25 11/24 10/25 12/24 11/25 1/24 12/25 2/23

7/26 9/24 8/26 10/25 9/26 11/25 10/26 12/25 11/26 1/25 12/26 2/24

7/27 9/25 8/27 10/26 9/27 11/26 10/27 12/26 11/27 1/26 12/27 2/25

7/28 9/26 8/28 10/27 9/28 11/27 10/28 12/27 11/28 1/27 12/28 2/26

7/29 9/27 8/29 10/28 9/29 11/28 10/29 12/28 11/29 1/28 12/29 2/27

7/30 9/28 8/30 10/29 9/30 11/29 10/30 12/29 11/30 1/29 12/30 2/28

7/31 9/29 8/31 10/30 10/31 12/30 12/31 3/1

Calendar/Deadlines


REGISTER PUBLISHING DEADLINES

The Secretary of State’s Office publishes the Register weekly. There is a three-week turnaround period between adeadline date and the publication date of the Register. The weekly deadline dates and issue dates are shown below.Council meetings and Register deadlines do not correlate. Also listed are the earliest dates on which an oral proceedingcan be held on proposed rulemakings or proposed delegation agreements following publication of the notice in theRegister.

Deadline Date (paper only) Friday, 5:00 p.m.

RegisterPublication Date

Oral Proceeding may be scheduled on or after

November 13, 2020 December 4, 2020 January 4, 2021



December 4, 2020 December 25, 2020 January 25, 2021

December 11, 2020 January 1, 2021 February 1, 2021




January 8, 2021 January 29, 2021 March 1, 2021

January 15, 2021 February 5, 2021 March 8, 2021



February 5, 2021 February 26, 2021 March 29, 2021

February 12, 2021 March 5, 2021 April 5, 2021



March 5, 2021 March 26, 2021 April 26, 2021

March 12, 2021 April 2, 2021 May 3, 2021

March 19, 2021 April 9, 2021 May 10, 2021

March 26, 2021 April 16, 2021 May 17, 2021

April 2, 2021 April 23, 2021 May 24, 2021

April 9, 2021 April 30, 2021 June 1, 2021

April 16, 2021 May 7, 2021 June 7, 2021

April 23, 2021 May 14, 2021 June 14, 2021

April 30, 2021 May 21, 2021 June 21, 2021

May 7, 2021 May 28, 2021 June 28, 2021

May 14, 2021 June 4, 2021 July 6, 2021

May 21, 2021 June 11, 2021 July 12, 2021

May 28, 2021 June 18, 2021 July 19, 2021

June 4, 2021 June 25, 2021 July 26, 2021


G.R.R.C. Deadlines

43

GOVERNOR’S REGULATORY REVIEW COUNCIL DEADLINES FOR 2021(MEETING DATES ARE SUBJECT TO CHANGE)

[M20-42]

* Materials must be submitted by 5 PM on dates listed as a deadline for placement on a particular agenda. Placement on a particular agenda is not guaranteed.

GOVERNOR’S REGULATORY REVIEW COUNCIL DEADLINES

The following deadlines apply to all Five-Year Review Reports and any adopted rule submitted to the Governor’s Regulatory Review Council. Council meetings and Register deadlines do not correlate. We publish these deadlines under A.R.S. § 41-1013(B)(15).

All rules and Five-Year Review Reports are due in the Council office by 5 p.m. of the deadline date. The Council’s office is located at 100 N. 15th Ave., Suite 305, Phoenix, AZ 85007. For more information, call (602) 542-2058 or visit http://grrc.az.gov.

DEADLINE FORPLACEMENT ON AGENDA*

FINAL MATERIALSSUBMITTED TO COUNCIL

DATE OF COUNCILSTUDY SESSION

DATE OF COUNCIL MEETING

TuesdayNovember 17, 2020

TuesdayDecember 22, 2020


TuesdayJanuary 5, 2021




TuesdayFebruary 2, 2021




TuesdayMarch 2, 2021




TuesdayApril 6, 2021




TuesdayMay 4, 2021


TuesdayMay 18, 2021

WednesdayMay 26, 2021

TuesdayJune 1, 2021

TuesdayMay 18, 2021

TuesdayJune 22, 2021


WednesdayJuly 7, 2021


TuesdayJuly 20, 2021


TuesdayAugust 3, 2021




WednesdaySeptember 8, 2021


TuesdaySeptember 21, 2021


TuesdayOctober 5, 2021

















Documents

DIRECTOR PUBLISHER RULES MANAGING EDITOR Secretary of