NOTICES OF RULEMAKING DOCKET OPENING The Administrative Procedure Act (APA) requires the publication of whenever an agency opens a rulemaking docket to consider rulemaking. Under the APA effective January 1, 1995, agencies must submit a Notice of Rulemaking Docket Opening before beginning the formal rulemaking process. BOARD OF NURSING 1. Title and its heading: 4, Professions and Occupations Chapter and its heading: 19, Board of Nursing Articles and their heading: 1, Definitions and Timeframes R4-19-101 and R4-19-102 The proposed amendments to this Article provide additional definitions applicable to Articles 2 through 8, as well as the recommendations from the Board s last 5-year rule review. The proposed amendments also change the substantive language of R4-19-102, the timeframe rule, and extend the timeframes for most licenses issued by the Board to make compliance more manageable. Not applicable Janet Walsh, RN, JD Associate Director Board of Nursing 1651 East morten, Suite 150 Phoenix, Arizona 85020 Telephone: (602) 331-8111, ext. 145 Fax: (602) 906-9365 Submissions may be made to the Associate Director identified in paragraph 4 above, at the designated address until the close of the record on June 30, 2000, at 5:00 p.m. Not yet determined ARIZONA UNIFORM PLUMBING CODE COMMISSION 1. Title and its heading: 4, Professions and Occupations Chapter and its heading: 48, Arizona Uniform Plumbing Code Commission Articles and their heading: 1, Arizona Uniform Plumbing Code R4-48-125. Section numbers may be added, deleted, or modified during this rulemaking to address the subject matter in subsection 2. The Arizona Uniform Plumbing Code Commission is considering changes to Appendix G1(b), G1(g), G4(c), and G8(c), Uniform Plumbing Code provisions that have been incorporated by reference. Notice of Final Rulemaking: 6 A.A.R. 167, January 7, 2000 Notice of Rulemaking Docket Opening: 6 A.A.R. 1770, May 19, 2000 May 19, 2000 Page 1803 Volume 6, Issue #21
A. Hal Key, P.E., Chairperson Arizona Uniform Plumbing Code Commission c/o Arizona Registrar of Contractors 800 West Washington, 6th Floor Telephone: (602) 542-1525, ext. 7445 Fax: (602) 542-1599 The Arizona Uniform Plumbing Code Commission meets the third Tuesday of each month at 1:30 p.m. at the Arizona State Capitol, with the exception of April and November, when the Commission meets in Tucson and July, when the Commission meets in Flagstaff. Written comments will be accepted at the location listed in question #4 between 8:00 a.m. and 5:00 p.m., Monday through Friday, until the close of record. No date has been selected for the close of record. No oral proceedings have been scheduled. A oral proceeding on the proposed rulemaking will be scheduled for mid- to late-june. An announcement of the exact date, time, and place will be published in the Arizona Administrative Register. STATE BOARD OF DIRECTORS FOR COMMUNITY COLLEGES OF ARIZONA 1. Title and its heading: 7, Education Chapter and its heading: 1, State Board of Directors for Community Colleges of Arizona Articles and their headings: 7, Instruction, Faculty, and Staff R7-1-713 Establishes guidelines whereby a community college may provide credit courses within another state or country, including courses delivered by technology at designated receive sites. Requires Intergovernmental Agreements or contracts that must be approved by the State Board. State Board must approve tuition and fees and state aid may not be claimed for these courses. Thomas J. Saad, Associate Executive Director State Board of Directors for Community Colleges of Arizona 3225 North Central Ave., Suite 1220 Telephone: (602) 255-4037 Fax: (602) 279-3464 Written comments will be received beginning May 19, 2000 through August 17, 2000, at 5:00 p.m. Oral comments may be made on August 18, 2000 at Yavapai County Community College District, 1100 East Sheldon, Prescott, Arizona. The proposed rule will be considered for adoption on August 18, 2000 at a public hearing scheduled for 1:00 p.m. Volume 6, Issue #21 Page 1804 May 19, 2000
STATE BOARD OF DIRECTORS FOR COMMUNITY COLLEGES OF ARIZONA 1. Title and its heading: 7, Education Chapter and its heading: 1, State Board of Directors for Community Colleges of Arizona Articles and their headings: 7, Instruction, Faculty, and Staff R7-1-712 Establishes guidelines whereby a community college district may provide credit courses within the county boundaries of another community college district. Tuition and fees must be approved by the state Board and state aid may be claimed for these credit courses. Thomas J. Saad, Associate Executive Director State Board of Directors for Community Colleges of Arizona 3225 North Central Ave., Suite 1220 Telephone: (602) 255-4037 Fax: (602) 279-3464 Written comments will be received beginning May 19, 2000 through August 17, 2000, at 5:00 p.m. Oral comments may be made on August 18, 2000 at Yavapai County Community College District, 1100 East Sheldon, Prescott, Arizona. The proposed rule will be considered for adoption on August 18, 2000 at a public hearing scheduled for 1:00 p.m. STATE BOARD OF DIRECTORS FOR COMMUNITY COLLEGES OF ARIZONA 1. Title and its heading: 7, Education Chapter and its heading: 1, State Board of Directors for Community Colleges of Arizona Articles and their headings: 7, Instruction, Faculty, and Staff R7-1-703 Requires community colleges to maintain adequate library collections for college programs and to adopt standards as defined by the American Library Association for Community Colleges. Thomas J. Saad, Associate Executive Director State Board of Directors for Community Colleges of Arizona 3225 North Central Ave., Suite 1220 Telephone: (602) 255-4037 Fax: (602) 279-3464 May 19, 2000 Page 1805 Volume 6, Issue #21
Written comments will be received beginning May 19, 2000 through August 17, 2000, at 5:00 p.m. Oral comments may be made on August 18, 2000 at Yavapai County Community College District, 1100 East Sheldon, Prescott, Arizona. The proposed rule will be considered for adoption on August 18, 2000 at a public hearing scheduled for 1:00 p.m. STATE BOARD OF DIRECTORS FOR COMMUNITY COLLEGES OF ARIZONA 1. Title and its heading: 7, Education Chapter and its heading: 1, State Board of Directors for Community Colleges of Arizona Articles and their headings: 8, Accounting, Reporting, Budgeting, Investments, Bonds, Insurance R7-1-808 Provides guidelines for community colleges concerning the investment of idle funds. Thomas J. Saad, Associate Executive Director State Board of Directors for Community Colleges of Arizona 3225 North Central Ave., Suite 1220 Telephone: (602) 255-4037 Fax: (602) 279-3464 Written comments will be received beginning May 19, 2000 through August 17, 2000, at 5:00 p.m. Oral comments may be made on August 18, 2000 at Yavapai County Community College District, 1100 East Sheldon, Prescott, Arizona. The proposed rule will be considered for adoption on August 18, 2000 at a public hearing scheduled for 1:00 p.m. DEPARTMENT OF HEALTH SERVICES 1. Title and its heading: 9, Health Services Chapter and its heading: 32, Group Homes for Individuals Who are Developmentally Disabled Articles and their headings: 1, Licensure Requirements 2, Group Home Requirements (The Department may add, delete, or modify additional Articles as necessary.) R9-32-101 through R9-32-107, R9-32-201 through R9-32-206 (The Department may add, delete, or modify additional Sections as necessary). The purpose of this rulemaking is to establish requirements for the Department of Health Services to license and regulate the health and safety of group homes for individuals who are developmentally disabled, according to A.R.S. 36-132(A)(21). The rulemaking will include requirements for application, issuance, renewal, denial, revocation, and suspension of a license and requirements for the health and safety of a group home. Licensing timeframe requirements in A.R.S. Title 41, Article 7.1 will also be incorporated into the rulemaking. The Department may add, delete, or modify additional Articles and Sections as necessary. The agency docket number, if applicable: RE-012-00 Volume 6, Issue #21 Page 1806 May 19, 2000
published Roger Andrus Department of Health Services Assurance and Licensure Services 1647 E. Morten Avenue, Suite 110 Phoenix, Arizona 85020 Telephone: (602) 674-4340 Fax: (602) 861-0463 or Kathleen Phillips Department of Health Services 1740 West Adams Telephone: (602) 542-1264 Fax: (602) 542-1289 Written comments will be accepted until the close of record, which has not been determined. If a public hearing is scheduled for these rules, oral public comments may be presented at that time. To be determined DEPARTMENT OF REVENUE - INCOME AND WITHHOLDING TAX SECTION 1. Title and its heading: 15, Revenue Chapter and its heading: 2, Department of Revenue - Income and Withholding Tax Section Articles and their headings: 11, Corporations R15-2-1121, R15-2-1122, R15-2-1123, R15-2-1125, and R15-2-1128 R15-2-1121 provides information related to certain additions to Arizona gross income of corporations. R15-2-1122 provides information related to certain subtractions from Arizona gross income of corporations. R15-2-1123 provides information related to the net operating loss subtraction for corporations. R15-2-1125 provides information related to the taxation of Domestic International Sales Corporations. R15-2-1128 provides information related to the subtraction allowed to corporate taxpayers for dividends received from Arizona corporations. The Department will amend the rules to make them more clear, concise, and understandable. The Department will also amend the rules to incorporate legislative changes. The agency docket number, if applicable: Docket No. 99-2-01 Notice of Rulemaking Docket Opening: 5 A.A.R. 1173, April 23, 1999 Notice of Public Information: 5 A.A.R. 1251, April 30, 1999 Jim Bilski, Tax Analyst Tax Research and Analysis Section Arizona Department of Revenue 1600 West Monroe May 19, 2000 Page 1807 Volume 6, Issue #21
Telephone: (602) 542-4672 Fax: (602) 542-4680 To be published in the Notice of Proposed Rulemaking Unknown DEPARTMENT OF REVENUE - INCOME AND WITHHOLDING TAX SECTION 1. Title and its heading: 15, Revenue Chapter and its heading: 2, Department of Revenue - Income and Withholding Tax Section Articles and their headings: 10, Individuals R15-2-1021, R15-2-1021.01, R15-2-1021.02, R15-2-1021.03, R15-2-1021.04, R15-2-1021.05, R15-2-1021.06, R15-2-1021.07, R15-2-1021.08, R15-2-1021.09, R15-2-1021.10, R15-2-1022.01, R15-2-1022.02, R15-2-1022.03, R15-2-1022.04, R15-2-1022.05, R15-2-1022.06 The rules provide guidance regarding various adjustments to Arizona gross income for individual income tax purposes. The agency docket number, if applicable: Not applicable Ernest Powell Tax Research and Analysis Section Arizona Department of Revenue 1600 West Monroe Telephone: (602) 542-4672 Fax: (602) 542-4680 To be published in the Notice of Proposed Rulemaking Unknown DEPARTMENT OF REVENUE - GENERAL ADMINISTRATION 1. Title and its heading: 15, Revenue Chapter and its heading: 10, General Administration Articles and their headings: 1, Hearing Procedures; 2, Administration; 3, Authorized Transmission of Funds; 4, Reimbursement of Fees and Other Costs Related to an Administrative Proceeding R15-10-102, R15-10-105, R15-10-106, R15-10-108, R15-10-110, R15-10-115, R15-10-116, R15-10-119, R15-10-120, R15-10-122, R15-10-201, R15-10-202, R15-10-307, R15-10-401 Volume 6, Issue #21 Page 1808 May 19, 2000
The policies and procedures of the Department of Revenue relating to hearings, electronic funds transfer, reimbursement of fees, and administration The agency docket number, if applicable: Not applicable Ernest Powell Tax Research and Analysis Section Arizona Department of Revenue 1600 West Monroe Telephone: (602) 542-4672 Fax: (602) 542-4680 To be published in the Notice of Proposed Rulemaking Unknown DEPARTMENT OF REVENUE - PROPERTY TAX OVERSIGHT COMMISSION 1. Title and its heading: 15, Revenue Chapter and its heading: 12, Property Tax Oversight Commission Articles and their headings: 1, General Provisions R15-12-101 and R15-12-103 The policies and procedures of the Property Tax Oversight Commission The agency docket number, if applicable: Not applicable Ernest Powell Tax Research and Analysis Section Arizona Department of Revenue 1600 West Monroe Telephone: (602) 542-4672 Fax: (602) 542-4680 To be published in the Notice of Proposed Rulemaking Unknown May 19, 2000 Page 1809 Volume 6, Issue #21
DEPARTMENT OF TRANSPORTATION - MOTOR VEHICLE DIVISION 1. Title and its heading: 17, Transportation Chapter and its heading: 4, Department of Transportation - Motor Vehicle Division Article and its heading: 5, Driver Licenses R17-4-523 and Appendix A (Other Sections may be added as necessary.) The Department of Transportation, Motor Vehicle Division, proposes to make new Section R17-4-523, Proof of Authorized Presence, and new Appendix A, List of Documents. This rulemaking action will give effect to provisions relating to authorized presence in A.R.S. 28-3153, 28-3158, and 28-3165. Lynn S. Golder Arizona Department of Transportation Motor Vehicle Division, Mail Drop 507M 3737 North Seventh Street, Suite 160 Phoenix, Arizona 85014-5017 Telephone: (602) 712-7941 Fax: (602) 241-1624 lgolder@dot.state.az.us Written comments will be accepted at the location listed in question 4 between 8:00 a.m. and 5:00 p.m., Monday through Friday. Oral comments will be accepted at the location listed in question 4 between 8:00 a.m. and 5:00 p.m., Monday through Thursday, except legal holidays. known DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKS 1. Title and its heading: 18, Environmental Quality Chapter and its heading: 12, Department of Environmental Quality - Underground Storage Tanks Article and its heading: 1, Definitions 2, Technical Requirements R18-12-101, R18-12-102, R18-12-250, R18-12-251, R18-12-260, R18-12-261 R18-12-261.01, R18-12-261.02, R18-12-262, R18-12-263, R18-12-263.01, R18-12-263.02, R18-12-263.03, R18-12-264, R18-12-264.01, R18-12-280 The Department is considering a rulemaking to amend 18 A.A.C. 12, Articles 1 and 2 governing underground storage tank ( UST ) technical requirements. The Department expects the rule to: (1) establish UST release reporting and corrective action rules, and (2) amend the provisions relating to the sampling requirements of R18-12-280. Notice of Rulemaking Docket Opening: 3 A.A.R. 3368, November 28, 1997 Notice of Rulemaking Docket Opening: 5 A.A.R. 4010, October 22, 1999 Notice of Proposed Rulemaking: 5 A.A.R. 4164, November 5, 1999 Notice of Termination of Rulemaking: 6 A.A.R. 1802, May 19, 2000 Volume 6, Issue #21 Page 1810 May 19, 2000
Primary contact: Fredrick Merrill Arizona Department of Environmental Quality 3033 N. Central Ave., 8th Floor Telephone: (602) 207-2242 or (800) 234-5677, ext. 2223 (Arizona only) Fax: (602) 207-2251 merrill.fred@ev.state.az.us Secondary contact: Martha Seaman Arizona Department of Environmental Quality 3033 N. Central Ave., 8th Floor Telephone: (602) 207-2222 or (800) 234-5677, ext. 2222 (Arizona only) Fax: (602) 207-2251 seaman.martha@ev.state.az.us 5. The time which the agency will accept written comments and the time and place where oral comments may be made: To be announced in the Notice of Proposed Rulemaking To be announced in the Notice of Proposed Rulemaking BANKING DEPARTMENT 1. Title and its heading: 20, Commerce, Banking, and Insurance Chapter and its heading: 4, Banking Department Article and their headings: 2, Banking Organization and Regulation R20-4-207 and R20-4-209 These rules govern the organization and regulation of state-chartered banks. Specifically, R20-4-207 describes the process for obtaining the Superintendent s approval for a licensee s issuance of capital obligations. R20-4-209 requires licensees to give notice of the intention to permanently close a banking office. The Department proposes to amend R20-4-207 to reconcile it with federal regulations found at 12 CFR Part 325, Appendix A. In this same rulemaking proceeding, the Department proposes to repeal R20-4-209 as unnecessary. There are no previous published notices relating to this proceeding. John P. Hudock 2910 N. 44th Street, Suite 310 Phoenix, Arizona 85018 Telephone: (602) 255-4421, ext. 167 Fax: (602) 381-1225 jhudock@azbanking.com May 19, 2000 Page 1811 Volume 6, Issue #21
The Department accepts written comments during business hours at the address above. Comments are welcome at any time until the close of the record in this proceeding. The date for closure of the record depends on the publication date of the actual proposed rules, which has not yet occurred. Notice of any opportunity to make public oral comment will be published as required by law. No timetable has been projected or established. In October 2000 the Department expects to submit the text of proposed rules for publication. BANKING DEPARTMENT 1. Title and its heading: 20, Commerce, Banking, and Insurance Chapter and its heading: 4, Banking Department Article and their headings: 4, Credit Unions R20-4-401 The rules 20 A.A.C. 4, Article 4 control the operation of state-chartered credit unions. Section R20-4-401 specifies the form and amount of the fidelity bond required by A.R.S. 6-537. There are no previous published notices relating to this proceeding. John P. Hudock 2910 N. 44th Street, Suite 310 Phoenix, Arizona 85018 Telephone: (602) 255-4421, ext. 167 Fax: (602) 381-1225 jhudock@azbanking.com The Department accepts written comments during business hours at the address above. Comments are welcome at any time until the close of the record in this proceeding. The date for closure of the record depends on the publication date of the actual proposed rules, which has not yet occurred. Notice of any opportunity to make public oral comment will be published as required by law. No timetable has been projected or established. In December 2000 the Department expects to submit the text of proposed rules for publication. BANKING DEPARTMENT 1. Title and its heading: 20, Commerce, Banking, and Insurance Chapter and its heading: 4, Banking Department Article and their headings: 12, Rules of Practice and Procedure Before the Superintendent R20-4-1201, R20-4-1202, R20-4-1203, R20-4-1204, R20-4-1205, R20-4-1206, R20-4-1207, R20-4-1208, R20-4-1209, R20-4-1210, R20-4-1211, R20-4-1212, R20-4-1213, R20-4-1214, R20-4-1215, R20-4-1216, R20-4-1217, R20-4-1218, R20-4-1219, R20-4-1220 Volume 6, Issue #21 Page 1812 May 19, 2000
These rules were originally made, in February 1978, to govern practice and procedure in all proceedings before the Superintendent. The purpose of the present rulemaking is to reconcile the Department s procedural rules with A.R.S. 41-1092 through 41-1092.12. Those provisions of state law were added by the Legislature in Laws 1995, Ch. 251, 14, and amended by, inter alia, Laws 1999, Ch. 211, 39. The Legislature s additions, codified as A.R.S. Title 41, Article 10, control procedures for all contested cases and the administrative appeal of agency actions. The procedures contained in the new statutory law supersede the Department s current rules at R20-4-1204 through R20-4-1220. There are no previous published notices relating to this proceeding. John P. Hudock 2910 N. 44th Street, Suite 310 Phoenix, Arizona 85018 Telephone: (602) 255-4421, ext. 167 Fax: (602) 381-1225 jhudock@azbanking.com The Department accepts written comments during business hours at the address above. Comments are welcome at any time until the close of the record in this proceeding. The date for closure of the record depends on the publication date of the actual proposed rules, which has not yet occurred. Notice of any opportunity to make public oral comment will be published as required by law. No timetable has been projected or established. In January 2001 the Department expects to submit the text of proposed rules for publication. May 19, 2000 Page 1813 Volume 6, Issue #21