Arizona Revised Statutes Title 41. State Government § 41-1005. Exemptions

1. Rule that relates to the use of public works, including streets and highways, under the jurisdiction of an agency if the effect of the order is indicated to the public by means of signs or signals.

2. Order or rule of the Arizona game and fish commission that does the following:

3. Rule relating to § 28-641 or to any rule regulating motor vehicle operation that relates to speed, parking, standing, stopping or passing enacted pursuant to title 28, chapter 3.  2

4. Rule concerning only the internal management of an agency that does not directly and substantially affect the procedural or substantive rights or duties of any segment of the public.

5. Rule that only establishes specific prices to be charged for particular goods or services sold by an agency.

6. Rule concerning only the physical servicing, maintenance or care of agency owned or operated facilities or property.

7. Rule or substantive policy statement concerning inmates or committed youths of a correctional or detention facility in secure custody or patients admitted to a hospital if made by the state department of corrections, the department of juvenile corrections, the board of executive clemency or the department of health services or a facility or hospital under the jurisdiction of the state department of corrections, the department of juvenile corrections or the department of health services.

8. Form whose contents or substantive requirements are prescribed by rule or statute and instructions for the execution or use of the form.

9. Capped fee-for-service schedule adopted by the Arizona health care cost containment system administration pursuant to title 36, chapter 29.  3

10. Fees prescribed by § 6-125.

11. Order of the director of water resources adopting or modifying a management plan pursuant to title 45, chapter 2, article 9.  4

12. Fees established under § 3-1086.

13. Fees established under §§ 41-4010 and 41-4042.

14. Rule or other matter relating to agency contracts.

15. Fees established under § 32-2067 or 32-2132.

16. Rules made pursuant to § 5-111, subsection A.

17. Rules made by the Arizona state parks board concerning the operation of the Tonto natural bridge state park, the facilities located in the Tonto natural bridge state park and the entrance fees to the Tonto natural bridge state park.

18. Fees or charges established under § 41-511.05.

19. Emergency medical services protocols except as provided in § 36-2205, subsection B.

20. Fee schedules established pursuant to § 36-3409.

21. Procedures of the state transportation board as prescribed in § 28-7048.

22. Rules made by the state department of corrections.

23. Fees prescribed pursuant to § 32-1527.

24. Rules made by the department of economic security pursuant to § 46-805.

25. Schedule of fees prescribed by § 23-908.

26. Procedure that is established pursuant to title 23, chapter 6, article 6.  5

27. Rules, administrative policies, procedures and guidelines adopted for any purpose by the Arizona commerce authority pursuant to chapter 10 of this title  6 if the authority provides, as appropriate under the circumstances, for notice of an opportunity for comment on the proposed rules, administrative policies, procedures and guidelines.

28. Rules made by a marketing commission or marketing committee pursuant to § 3-414.

29. Administration of public assistance program monies authorized for liabilities that are incurred for disasters declared pursuant to §§ 26-303 and 35-192.

30. User charges, tolls, fares, rents, advertising and sponsorship charges, services charges or similar charges established pursuant to § 28-7705.

31. Administration and implementation of the hospital assessment pursuant to § 36-2901.08, except that the Arizona health care cost containment system administration must provide notice and an opportunity for public comment at least thirty days before establishing or implementing the administration of the assessment.

32. Rules made by the Arizona department of agriculture to adopt and implement the provisions of the federal milk ordinance as prescribed by § 3-605.

33. Rules made by the Arizona department of agriculture to adopt, implement and administer the United States food and drug administration produce safety rule (21 Code of Federal Regulations part 112) and any other federal produce safety regulation, order or guideline or other requirement adopted pursuant to the FDA food safety modernization act (P.L. 111-353; 21 United States Code §§ 2201 through 2252) as provided by title 3, chapter 3, article 4.1.  7

34. Calculations that are performed by the department of economic security and that are associated with the adjustment of the sliding fee scale and formula for determining child care assistance pursuant to § 46-805.

35. Rules made by the Arizona department of agriculture to implement and administer the livestock operator fire and flood assistance grant program established by § 3-109.03.

1. Prepare a notice and follow formatting guidelines prescribed by the secretary of state.

2. Prepare the rulemaking exemption notices pursuant to chapter 6.2 of this title.  8

3. File a copy of the rule with the secretary of state for publication pursuant to § 41-1012 and provide a copy to the council.