Arizona Revised Statutes

Ariz. Rev. Stat. § 41-1005 (2026)

Exemptions

✓ current as of May 2026

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A. This chapter does not apply to any:

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:

(a) Opens, closes or alters seasons or establishes bag or possession limits for wildlife.

(b) Establishes a fee pursuant to section 5-321, 5-322 or 5-327.

(d) Limits the number or use of licenses or permits that are issued to nonresidents pursuant to section 17-332.

3. Rule relating to section 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.

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.

10. Fees prescribed by section 6-125.

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

12. Fees established under section 3-1086.

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

14. Rule or other matter relating to agency contracts.

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

16. Rules made pursuant to section 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 section 41-511.05.

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

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

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

22. Rules made by the state department of corrections.

23. Fees prescribed pursuant to section 32-1527.

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

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

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

27. Rules, administrative policies, procedures and guidelines adopted for any purpose by the Arizona commerce authority pursuant to chapter 10 of this title 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 section 3-414.

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

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

31. Administration and implementation of the hospital assessment pursuant to section 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 section 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 sections 2201 through 2252) as provided by title 3, chapter 3, article 4.1.

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 section 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 section 3-109.03.

B. Notwithstanding subsection A, paragraph 21 of this section, if the federal highway administration authorizes the privatization of rest areas, the state transportation board shall make rules governing the lease or license by the department of transportation to a private entity for the purposes of privatization of a rest area.

C. Coincident with the making of a final rule pursuant to an exemption from the applicability of this chapter under this section, another statute or session law, the agency shall:

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.

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

D. Unless otherwise required by law, articles 2, 3, 4 and 5 of this chapter do not apply to the Arizona board of regents and the institutions under its jurisdiction, except that the Arizona board of regents shall make policies or rules for the board and the institutions under its jurisdiction that provide, as appropriate under the circumstances, for notice of and opportunity for comment on the policies or rules proposed.

E. Unless otherwise required by law, articles 2, 3, 4 and 5 of this chapter do not apply to the Arizona state schools for the deaf and the blind, except that the board of directors of all the state schools for the deaf and the blind shall adopt policies for the board and the schools under its jurisdiction that provide, as appropriate under the circumstances, for notice of and opportunity for comment on the policies proposed for adoption.

F. Unless otherwise required by law, articles 2, 3, 4 and 5 of this chapter do not apply to the state board of education, except that the state board of education shall adopt policies or rules for the board and the institutions under its jurisdiction that provide, as appropriate under the circumstances, for notice of and opportunity for comment on the policies or rules proposed for adoption. In order to implement or change any rule, the state board of education shall provide at least two opportunities for public comment. The state board of education shall consider the fiscal impact of any proposed rule pursuant to this subsection.

G. Unless otherwise required by law, articles 2, 3, 4 and 5 of this chapter do not apply to the state board for charter schools, except that the board shall adopt policies or rules for the board and the charter schools sponsored by the board that provide, as appropriate under the circumstances, for notice of and opportunity for comment on the policies or rules proposed for adoption. In order to implement or change any policy or rule, the board shall provide at least two opportunities for public comment. The state board for charter schools shall consider the fiscal impact of any proposed rule pursuant to this subsection.

Notes of Decisions

Cited in 14 cases (3 in the last 5 years), 1959–2025 · leading case: Canyon Ambulatory Surgery Ctr. v. SCF Arizona, 239 P.3d 733 (Ariz. Ct. App. 2010).

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Canyon Ambulatory Surgery Ctr. v. SCF Arizona, 239 P.3d 733 (Ariz. Ct. App. 2010). · cites it 2× “Neither of these rulemaking categories is subject to the APA requirements because both involve matters “concerning only the internal management of [SCF] that do[ ] not directly and substantially affect the procedural or substantive rights or duties of any segment of the public.”

Beaty v. Brewer, 791 F. Supp. 2d 678 (D. Ariz. 2011). · cites it 2× “See A.R.S. § 41-1005(A)(23). In Dickens, this Court observed that “[tjhere appears to be no dispute that each Plaintiff is entitled to notice of any amendment to the Arizona Protocol if the amendment will be in effect for the Plaintiffs execution.”

Arizona State Univ. ex rel. Arizona Bd. of Regents v. Arizona State Ret. Sys., 349 P.3d 220 (Ariz. Ct. App. 2015). · cites it 2× “§ 38-749 nor the APA, see A.R.S. § 41-1005 (Supp.2014), exempt the System from rulemaking; therefore, rulemaking is required before the Policy can be given effect.”

Arizona State Bd. of Regents Ex Rel. Arizona State Univ. v. Arizona State Pers. Bd., 985 P.2d 1032 (Ariz. 1999). · cites it 2× “¶ 6 A.R.S. § 41-1005(D) exempts the Board of Regents from specific articles of the Administrative Procedure Act, but not article 6, of which A.”

Carondelet Health Servs., Inc. v. Arizona Health Care Cost Containment Sys. Admin., 895 P.2d 133 (Ariz. Ct. App. 1994). · cites it 2× “, AR.S. § 41-1005(A)(9) (exemption when adopting capped fee-for-service schedule); 1990 Ariz.”

Stoffel v. Arizona Dep't of Econ. Sec., 784 P.2d 275 (Ariz. Ct. App. 1989). · cites it 2× “” A.R.S. § 41-1005(A)(4); see also State Board of Health v.”

State v. Wacker, 344 P.2d 1004 (Ariz. 1959). · cites it 2× “6 “Is the regulation in question invalid as being in violation of Title 41, Chapter 6, Section 41-1005, in that there apparently is no certified copy of the rule adopted on file with the Secretary of State, certified by a member of the Commission of Agriculture and Horticulture.”

Phoenix Child.'s Hosp. v. Arizona Health Care Cost Containment Sys. Admin., 987 P.2d 763 (Ariz. Ct. App. 1999). “That definition is as follows: [A]ny rule filed with the secretary of state and adopted pursuant to an exemption from this chapter in section 41-1005, adopted pursuant to § 41-1026, approved by the council pursuant to § 41-1052 or 41-1053 or approved by the attorney general…”

Wilkinson v. State, 838 P.2d 1358 (Ariz. Ct. App. 1992). · cites it 2× “The DOC contends, however, that the religious visitation rales found in Policy 207 are exempt from the APA pursuant to A.R.S. § 41-1005(A)(7), a statute enacted after the above cases were decided.”

Arizona State Bd. of Regents v. Arizona State Pers. Bd., 953 P.2d 904 (Ariz. Ct. App. 1996). · cites it 2× “A.R.S. § 41-1005(D). The implication of these specific exemptions is that article 6, which contains A.”

Legacy Educ. v. Asbcs (Ariz. Ct. App. 2018). · cites it 6× “at § 2 (adding subsections (G) and (H) to A.R.S. § 41-1005). The governor vetoed that legislation, however, noting that although he supported exempting the Board from rulemaking, he found the additional requirements of the bill “onerous.”

Benavidez v. Az Bd. (Ariz. Ct. App. 2022). · cites it 4× “§ 41-1005(A)(7); see also A.R.S. § 41-1005(A)(4) (exempting rules “concerning only the internal management of an agency that do[] not directly and substantially affect the procedural or substantive rights or duties of any segment of the public” (emphasis added)).”

Show all 14 citing cases →

— Ariz. Rev. Stat. § 41-1005(A)(23) — 1 case

Beaty v. Brewer, 791 F. Supp. 2d 678 (D. Ariz. 2011). “See A.R.S. § 41-1005(A)(23). In Dickens, this Court observed that “[tjhere appears to be no dispute that each Plaintiff is entitled to notice of any amendment to the Arizona Protocol if the amendment will be in effect for the Plaintiffs execution.”

— Ariz. Rev. Stat. § 41-1005(A)(4) — 3 cases

Canyon Ambulatory Surgery Ctr. v. SCF Arizona, 239 P.3d 733 (Ariz. Ct. App. 2010). “Neither of these rulemaking categories is subject to the APA requirements because both involve matters “concerning only the internal management of [SCF] that do[ ] not directly and substantially affect the procedural or substantive rights or duties of any segment of the public.”

Stoffel v. Arizona Dep't of Econ. Sec., 784 P.2d 275 (Ariz. Ct. App. 1989). “” A.R.S. § 41-1005(A)(4); see also State Board of Health v.”

Benavidez v. Az Bd. (Ariz. Ct. App. 2022). “§ 41-1005(A)(7); see also A.R.S. § 41-1005(A)(4) (exempting rules “concerning only the internal management of an agency that do[] not directly and substantially affect the procedural or substantive rights or duties of any segment of the public” (emphasis added)).”

— Ariz. Rev. Stat. § 41-1005(A)(7) — 2 cases

Wilkinson v. State, 838 P.2d 1358 (Ariz. Ct. App. 1992). “The DOC contends, however, that the religious visitation rales found in Policy 207 are exempt from the APA pursuant to A.R.S. § 41-1005(A)(7), a statute enacted after the above cases were decided.”

— Ariz. Rev. Stat. § 41-1005(A)(9) — 1 case

Carondelet Health Servs., Inc. v. Arizona Health Care Cost Containment Sys. Admin., 895 P.2d 133 (Ariz. Ct. App. 1994). “, AR.S. § 41-1005(A)(9) (exemption when adopting capped fee-for-service schedule); 1990 Ariz.”

— Ariz. Rev. Stat. § 41-1005(D) — 4 cases

Arizona State Bd. of Regents Ex Rel. Arizona State Univ. v. Arizona State Pers. Bd., 985 P.2d 1032 (Ariz. 1999). “¶ 6 A.R.S. § 41-1005(D) exempts the Board of Regents from specific articles of the Administrative Procedure Act, but not article 6, of which A.”

Arizona State Bd. of Regents v. Arizona State Pers. Bd., 953 P.2d 904 (Ariz. Ct. App. 1996). “A.R.S. § 41-1005(D). The implication of these specific exemptions is that article 6, which contains A.”

Legacy Educ. v. Asbcs (Ariz. Ct. App. 2018). “at § 2 (adding subsections (G) and (H) to A.R.S. § 41-1005). The governor vetoed that legislation, however, noting that although he supported exempting the Board from rulemaking, he found the additional requirements of the bill “onerous.”

ruco/thaler v. Acc (Ariz. Ct. App. 2025).

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