Agency Rulemaking Petition - Arizona

PETITION FOR AGENCY RULEMAKING — ARIZONA

COVER LETTER

[__/__/____]

[________________________________]
[Agency Director / Administrator Name]
[________________________________]
[Agency Name]
[________________________________]
[Street Address]
[________________________________]
[City, Arizona ZIP Code]

Re: Petition for Rulemaking Pursuant to A.R.S. § 41-1033 — Request to [____] Adopt [____] Amend [____] Repeal Rule(s) Concerning [________________________________]

Dear [________________________________]:

Enclosed please find the formal Petition for Rulemaking submitted pursuant to Arizona Revised Statutes § 41-1033 by [________________________________] ("Petitioner"). This petition respectfully requests that [________________________________] ("the Agency") initiate rulemaking proceedings to [adopt/amend/repeal] rules concerning [________________________________].

Under A.R.S. § 41-1033, any person may petition an agency to make, amend, or repeal a final rule. Not later than sixty (60) days after submission of the petition, the agency shall either reject the petition and state its reasons in writing for rejection to the petitioner, or initiate rulemaking proceedings in accordance with Title 41, Chapter 6 of the Arizona Revised Statutes.

If the Agency rejects this petition, Petitioner reserves the right to appeal to the Governor's Regulatory Review Council (GRRC) pursuant to A.R.S. § 41-1033.

Please acknowledge receipt and direct all correspondence regarding this petition to:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

Respectfully submitted,

_________________________________________
[Petitioner Name / Authorized Representative]
[Title / Position]
[Organization, if applicable]

FORMAL PETITION FOR RULEMAKING

BEFORE THE [________________________________]

STATE OF ARIZONA

PETITION FOR [____] ADOPTION [____] AMENDMENT [____] REPEAL OF RULE

Petition No.: [________________________________] (assigned by agency)
Date Filed: [__/__/____]

I. PETITIONER INFORMATION

Petitioner's Interest in the Proposed Rulemaking:

[________________________________]
[________________________________]
[________________________________]

☐ Petitioner is an individual directly affected by the existing or proposed rule
☐ Petitioner is a business entity regulated by the Agency
☐ Petitioner is a trade or professional association representing affected members
☐ Petitioner is a nonprofit or advocacy organization with a stated interest
☐ Petitioner is a local government entity or political subdivision
☐ Petitioner is a licensee of the Agency
☐ Other interest: [________________________________]

II. STATUTORY AUTHORITY FOR PETITION

This petition is filed pursuant to A.R.S. § 41-1033, which provides:

"Any person may petition an agency to make, amend or repeal a final rule."

And further:

"An agency shall prescribe the form of the petition and the procedures for the petition's submission, consideration and disposition. Not later than sixty days after submission of the petition, the agency shall either: 1. Reject the petition and state its reasons in writing for the rejection to the petitioner. 2. Initiate rulemaking proceedings in accordance with this chapter."

Additional Statutory Provisions:

• A.R.S. § 41-1033(C) — Provides that if an agency rejects a petition, the petitioner may appeal to the Governor's Regulatory Review Council (GRRC) within thirty (30) days
• A.R.S. § 41-1030 — Sets forth the standards rules must meet
• A.R.S. § 41-1052 — Establishes GRRC authority to review rules

The Agency possesses rulemaking authority under:

1. Organic Statute: [________________________________]
2. Specific Rulemaking Grant: [________________________________]
3. Subject-Matter Authority: [________________________________]

III. IDENTIFICATION OF RULE AT ISSUE

Type of Action Requested:

☐ Adoption of a new rule
☐ Amendment of an existing rule
☐ Repeal of an existing rule
☐ Amendment and partial repeal of an existing rule

Existing Rule (if amendment or repeal):

Subject Area for New Rule (if adoption):

[________________________________]
[________________________________]

IV. STATEMENT OF NEED AND JUSTIFICATION

A. Current Problem or Deficiency

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

B. Factual Background

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

C. How the Proposed Action Addresses the Problem

[________________________________]
[________________________________]
[________________________________]
[________________________________]

D. Consequences of Inaction

[________________________________]
[________________________________]
[________________________________]

V. PROPOSED RULE TEXT

Petitioner proposes the following rule language (or substantially similar language achieving the same purposes):

For New Rules or Amendments — Proposed Text:

A.A.C. R[____]-[____]-[____] [Title of Rule]

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

For Amendments — Redline Showing Changes to Existing Text:

(Strikethrough indicates deletions; underline indicates additions)

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

For Repeal:

Petitioner requests the repeal in its entirety of A.A.C. R[____]-[____]-[____], effective [________________________________].

VI. LEGAL AUTHORITY ANALYSIS

A. Agency Rulemaking Authority

The Agency is authorized to promulgate rules under:

1. [________________________________] — [describe scope of authority]
2. [________________________________] — [describe scope of authority]
3. [________________________________] — [describe scope of authority]

B. Compliance with A.R.S. § 41-1030 Rule Standards

Under A.R.S. § 41-1030, the proposed rule must satisfy the following standards:

☐ Specifically authorized by statute — The rule is authorized by an identifiable statute
☐ Within the agency's statutory authority — The rule does not exceed the agency's grant of authority
☐ Not contrary to statute — The rule does not conflict with any statute
☐ Consistent with legislative intent — The rule furthers the purposes of the enabling legislation
☐ Clear, concise, and understandable — The rule is written in plain language
☐ Not unduly burdensome — The rule does not impose unnecessary burdens on regulated persons
☐ Necessary — The rule addresses a demonstrated need

Explanation of Compliance:

[________________________________]
[________________________________]
[________________________________]

C. GRRC Review Standards

Under A.R.S. § 41-1052, the Governor's Regulatory Review Council reviews rules for compliance with the following criteria:

1. The rule is authorized by statute
2. The rule is not inconsistent with legislative intent
3. The rule is not beyond the authority granted to the agency
4. The rule is not repugnant to state policy
5. The rule does not impose a fine or penalty not specifically authorized by statute
6. The rule is clear, concise, and understandable
7. The rule is not redundant with other rules
8. The economic impact statement is adequate

How the Proposed Rule Meets GRRC Standards:

[________________________________]
[________________________________]
[________________________________]

D. Constitutional Considerations

[________________________________]
[________________________________]

E. Federal Preemption Analysis

☐ No federal preemption issues exist
☐ Federal preemption analysis is attached (Exhibit [____])

[________________________________]
[________________________________]

VII. IMPACT ANALYSIS

A. Economic Impact

(Note: Under Arizona law, an Economic, Small Business, and Consumer Impact Statement (EIS) is required for rulemaking. Including this analysis in the petition strengthens the request.)

B. Small Business Impact

[________________________________]
[________________________________]
[________________________________]

Number of small businesses potentially affected: [________________________________]
Nature of impact on small businesses: [________________________________]
Proposed alternatives to reduce small business burden: [________________________________]

C. Consumer Impact

[________________________________]
[________________________________]

D. Impact on Political Subdivisions

[________________________________]
[________________________________]

E. Impact on State Revenues

[________________________________]
[________________________________]

F. Comparison to Federal Regulation

[________________________________]
[________________________________]

VIII. PUBLIC INTEREST ARGUMENTS

1. Public Health and Safety: [________________________________]

2. Consumer Protection: [________________________________]

3. Environmental Protection: [________________________________]

4. Economic Development: [________________________________]

5. Reduction of Regulatory Burden: [________________________________]

6. Government Efficiency: [________________________________]

7. Alignment with Legislative Intent: [________________________________]

8. Compliance with Federal Requirements: [________________________________]

IX. SUPPORTING EVIDENCE AND EXHIBITS

☐ Technical or scientific studies
☐ Economic, Small Business, and Consumer Impact data
☐ Stakeholder letters of support
☐ Comparative analysis of other state approaches
☐ Federal regulatory guidance or requirements
☐ Draft rule text markup / redline
☐ Legislative history or committee reports
☐ Five-year review report data (if rule is overdue for review)
☐ Prior GRRC actions on related rules

X. ALTERNATIVE PETITION: REVIEW OF AGENCY PRACTICE OR SUBSTANTIVE POLICY STATEMENT

(Complete this section only if petitioning GRRC to review an existing agency practice, substantive policy statement, or licensing requirement rather than requesting new rulemaking.)

Under A.R.S. § 41-1033, a person may also petition an agency to review an existing agency practice, substantive policy statement, final rule, or regulatory licensing requirement that the petitioner alleges:

☐ Is not specifically authorized by statute
☐ Exceeds the agency's statutory authority
☐ Is unduly burdensome
☐ Is not demonstrated to be necessary to specifically fulfill a public health, safety, or welfare concern

Identification of Practice / Policy at Issue:

[________________________________]
[________________________________]

Basis for Allegation:

[________________________________]
[________________________________]
[________________________________]

XI. REQUEST FOR RELIEF

Petitioner respectfully requests that [________________________________] ("the Agency"):

1. Acknowledge receipt of this petition and assign a tracking number;

2. Consider this petition in accordance with A.R.S. § 41-1033 and applicable agency petition procedures;

3. Within sixty (60) days of submission, either:
   - (a) Initiate rulemaking proceedings in accordance with A.R.S. § 41-1021 et seq., or
   - (b) If rejecting the petition, provide written reasons for the rejection;

4. If rulemaking is initiated:
   - (a) Prepare and publish a Notice of Proposed Rulemaking in the Arizona Administrative Register,
   - (b) Prepare an Economic, Small Business, and Consumer Impact Statement,
   - (c) Afford public comment opportunity, and
   - (d) Submit the final rule to the Governor's Regulatory Review Council for review;

5. Consider the proposed rule text set forth in Section V or substantially similar language; and

6. Provide Petitioner with copies of all agency actions taken in response to this petition.

XII. VERIFICATION AND SIGNATURE

I, [________________________________], declare under penalty of perjury that the statements in this petition are true and correct to the best of my knowledge and belief.

Date: [__/__/____]

_________________________________________
Signature

_________________________________________
Printed Name

_________________________________________
Title / Position

_________________________________________
Organization (if applicable)

ARIZONA FILING INSTRUCTIONS

Where to File

Filing Methods

☐ U.S. Mail — Send original plus [____] copies to agency address
☐ Hand Delivery — Deliver to agency offices during business hours
☐ Electronic Filing — Where accepted; confirm format requirements
☐ GRRC Filing — File per A.A.C. R1-6-103 requirements (for GRRC petitions/appeals)

Pre-Filing Checklist

☐ Review the Arizona Administrative Code (A.A.C.) for existing rules on the subject
☐ Check the Arizona Administrative Register for pending rulemaking actions
☐ Review the agency's five-year review report for the relevant rules
☐ Verify the agency has rulemaking authority over the subject matter
☐ Determine if the agency has prescribed a specific petition form per § 41-1033
☐ Check whether the rule or practice is subject to GRRC oversight
☐ Confirm proper mailing address or filing location
☐ Retain a date-stamped copy of the filed petition
☐ Calendar the 60-day response deadline

AGENCY RESPONSE REQUIREMENTS — ARIZONA

Statutory Timeline and Obligations

Under A.R.S. § 41-1033, when an agency receives a petition for rulemaking:

If the Agency Initiates Rulemaking

Under the Arizona APA, the agency must:

1. File a Notice of Proposed Rulemaking with the Secretary of State for publication in the Arizona Administrative Register
2. Prepare an Economic, Small Business, and Consumer Impact Statement (EIS)
3. Provide at least thirty (30) days for public comment
4. Hold an oral proceeding if requested by at least five persons, a political subdivision, or an agency
5. Submit the final rule to the Governor's Regulatory Review Council for review and approval
6. The rule does not become effective until approved by GRRC

GRRC Review Process

The Governor's Regulatory Review Council is a unique feature of Arizona administrative law. GRRC reviews all proposed rules for:

1. Authorization by statute
2. Consistency with legislative intent
3. Clarity, conciseness, and understandability
4. Absence of unauthorized penalties or fines
5. Adequate economic impact analysis
6. Necessity and absence of undue burden

Tracking Your Petition

☐ Date petition filed: [__/__/____]
☐ Method of filing: [________________________________]
☐ Confirmation or tracking number received: [________________________________]
☐ 60-day response deadline: [__/__/____]
☐ Agency contact for follow-up: [________________________________]
☐ Date of agency response: [__/__/____]
☐ Agency action: ☐ Rejected ☐ Rulemaking initiated ☐ Rule made

APPEAL OF REJECTION TO GRRC

Appeal Process Under A.R.S. § 41-1033(C)

If the agency rejects the petition, the petitioner has a statutory right to appeal to the Governor's Regulatory Review Council.

Appeal Requirements:

Grounds for GRRC Appeal (A.R.S. § 41-1033):

A petitioner may appeal to GRRC to review whether:

☐ An existing agency practice or substantive policy statement constitutes a rule that should have been adopted through rulemaking
☐ An existing rule is not specifically authorized by statute
☐ An existing rule exceeds the agency's statutory authority
☐ An existing rule or licensing requirement is unduly burdensome
☐ An existing rule is not demonstrated to be necessary to fulfill a public health, safety, or welfare concern

Steps to File a GRRC Appeal:

☐ Obtain the written rejection from the agency with stated reasons
☐ Review the rejection for compliance with § 41-1033
☐ Prepare the appeal in accordance with A.A.C. R1-6-103
☐ File the appeal with GRRC within 30 days of the agency rejection
☐ Include all supporting documentation
☐ Serve a copy on the agency
☐ Attend the GRRC hearing when scheduled

Judicial Review

If GRRC denies the appeal, or for other agency actions related to rulemaking, judicial review may be available in the Arizona Superior Court under the applicable provisions of the Arizona APA.

Judicial Review Standards:

1. The court may review whether the agency action was arbitrary, capricious, or an abuse of discretion
2. The court may determine whether the agency exceeded its constitutional or statutory authority
3. The court may review whether the agency followed required procedures

DOCUMENT CHECKLIST

Required Documents

☐ Cover letter addressed to agency head
☐ Formal Petition for Rulemaking (this document, completed)
☐ Proposed rule text (new rule, amendment redline, or repeal request)
☐ Statement of need and justification
☐ Identification of statutory authority
☐ Verification and signature

Recommended Supporting Documents

☐ Economic, Small Business, and Consumer Impact analysis
☐ Technical or scientific studies supporting the petition
☐ Letters of support from stakeholders
☐ Comparative analysis of other jurisdictions' rules
☐ Federal regulatory guidance (if relevant)
☐ Legislative history or policy analysis
☐ Five-year review report analysis (if applicable)
☐ Prior GRRC actions or opinions on related rules
☐ Agency prescribed petition form (if applicable)

Filing Copies

☐ Original petition with original signature
☐ [____] copies for agency files (confirm number with agency)
☐ One copy retained by petitioner with date-stamp or filing confirmation
☐ Electronic copy saved for petitioner's records
☐ Copy for GRRC (if filing an appeal)

PRACTICE TIPS FOR ARIZONA RULEMAKING PETITIONS

Before Filing

1. Understand Arizona's unique GRRC system. Arizona is one of the few states with a centralized regulatory review council. All final rules must be approved by GRRC, which creates both additional hurdles and additional avenues for petitioners.

2. Review the agency's five-year review report. Arizona agencies are required to review their rules every five years under A.R.S. § 41-1056. Check whether the rule at issue is overdue for review, as this may strengthen the case for rulemaking.

3. Check for rulemaking moratoriums. Arizona governors have periodically imposed rulemaking moratoriums. Verify that no moratorium is currently in effect that would affect the agency's ability to respond to the petition.

4. Review the Arizona Administrative Register. Check for pending rulemaking actions that may overlap with the petition. The Register is published by the Secretary of State.

5. Contact the agency's rulemaking coordinator. Most Arizona agencies have designated rulemaking staff. An informal conversation before filing can help identify the correct form, current agency priorities, and potential receptivity.

Drafting the Petition

6. Address GRRC review criteria explicitly. Because all rules must pass GRRC review, demonstrate in the petition how the proposed rule satisfies each GRRC criterion under A.R.S. § 41-1052.

7. Include economic impact data. Arizona requires an Economic, Small Business, and Consumer Impact Statement for all rulemaking. Providing economic analysis in the petition anticipates this requirement and strengthens the case.

8. Frame the petition around statutory authorization. Arizona law requires that rules be "specifically authorized by statute" (not merely "not contrary to" statute). Cite specific statutory provisions authorizing each element of the proposed rule.

9. Use clear, concise language. GRRC evaluates rules for clarity and understandability. Draft proposed rule text in plain language that will satisfy this standard.

10. Consider the 60-day timeline. Arizona gives agencies 60 days to respond (longer than many states' 30-day requirements). Plan accordingly.

After Filing

11. Calendar the 60-day deadline. The agency must respond within 60 days under § 41-1033. Follow up promptly if no response is received.

12. Preserve the right to appeal to GRRC. If the agency rejects the petition, you have only 30 days to file an appeal with GRRC. Calendar this deadline immediately upon receipt of a rejection.

13. Prepare for GRRC participation. If an appeal is filed with GRRC, be prepared to attend the Council meeting and present the case for rulemaking.

14. Monitor the Arizona Administrative Register. Watch for notice of proposed rulemaking or other agency actions related to your petition.

15. Document everything. Maintain copies of all correspondence with the agency, including proof of filing dates and agency responses. The agency's response is open to public inspection under § 41-1033.

SOURCES AND REFERENCES

• A.R.S. § 41-1033 — Petition for Rulemaking or Review of Agency Practice
  https://www.azleg.gov/ars/41/01033.htm

• A.R.S. § 41-1030 — Rule Standards
  https://www.azleg.gov/ars/41/01030.htm

• A.R.S. § 41-1052 — Governor's Regulatory Review Council
  https://www.azleg.gov/ars/41/01052.htm

• Governor's Regulatory Review Council — Petitions and Appeals
  https://grrc.az.gov/petitions-and-appeals

• GRRC Rulemaking Information
  https://grrc.az.gov/rulemaking

• Arizona Secretary of State — Arizona Administrative Register
  https://apps.azsos.gov/public_services/register/

• Arizona Department of Environmental Quality — Right to Petition
  https://azdeq.gov/right2petition

• A.A.C. R1-6-103 — GRRC Petition Filing Requirements
  https://grrc.az.gov

This template is provided for informational purposes only and does not constitute legal advice. Users must consult with a qualified attorney licensed in Arizona before filing a petition for rulemaking. Arizona's GRRC review process creates unique procedural requirements that may affect petition strategy. Last updated: 2026-03-08.