Arizona Revised Statutes

Ariz. Rev. Stat. § 41-1021 (2026)

Public rule making docket; notice

✓ current as of May 2026

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A. Each agency shall establish and maintain a current, public rule making docket for each pending rule making proceeding. A rule making proceeding is pending from the time the agency begins to consider proposing the rule under section 41-1022 until any one of the following occurs:

1. The time the rule making proceeding is terminated by the agency indicating in the rule making docket that the agency is no longer actively considering proposing the rule.

2. One year after the notice of rule making docket opening is published in the register if the agency has not filed a notice of the proposed rule making with the secretary of state pursuant to section 41-1022.

3. The rule becomes effective.

4. One year after the notice of the proposed rule making is published in the register if the agency has not submitted the rule to the council for review and approval.

5. Publication of a notice of termination.

B. For each rule making proceeding, the docket shall indicate all of the following:

1. The subject matter of the proposed rule.

2. A citation to all published notices relating to the proceeding.

3. The name and address of agency personnel with whom persons may communicate regarding the rule.

4. Where written submissions on the proposed rule may be inspected.

5. The time during which written submissions may be made and the time and place where oral comments may be made.

6. Where a copy of the economic, small business and consumer impact statement and the minutes of the pertinent council meeting may be inspected.

7. The current status of the proposed rule.

8. Any known timetable for agency decisions or other action in the proceeding.

9. The date the rule was sent to the council.

10. The date of the rule's filing and publication.

11. The date the rule was approved by the council.

12. When the rule will become effective.

C. The agency shall provide public notice of the establishment of a rule making docket by causing a notice of docket opening to be published in the register, including the information set forth in subsection B, paragraphs 1, 2, 3, 5 and 8 of this section.

D. An agency may appoint formal advisory committees to comment, before publication of a notice of proposed rule making under section 41-1022, on the subject matter of a possible rule making under active consideration within the agency. The membership of these committees shall be published at the time of formation and annually thereafter in the register. Members of these committees are not eligible to receive compensation except as otherwise provided by law.

Notes of Decisions

Cited in 8 cases (3 in the last 5 years), 1994–2025 · leading case: Arizona Dep't of Revenue v. Care Comput. Sys., Inc., 4 P.3d 469 (Ariz. Ct. App. 2000).

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Arizona Dep't of Revenue v. Care Comput. Sys., Inc., 4 P.3d 469 (Ariz. Ct. App. 2000). · cites it 4× “See A.R.S. §§ 41-1021 through -1036 (1999). The APA also requires the filing of an "economic, small business and consumer impact statement," A.”

Phelps Dodge Corp. v. Arizona Dep't of Water Resources, 118 P.3d 1110 (Ariz. Ct. App. 2005). · cites it 2× “According to Phelps Dodge, the ADWR violated the APA, A.R.S. §§ 41-1021 to -1035, by applying the 1991 Instream Flow Guide without codifying it as a regulation.”

Shelby Sch. v. Arizona State Bd. of Educ., 962 P.2d 230 (Ariz. Ct. App. 1998). · cites it 2× “THE BOARD’S ACTIONS DID NOT VIOLATE THE RULE-MAKING PROVISIONS OF THE ADMINISTRATIVE PROCEDURES ACT ¶45 Appellants argue that the Board should have complied with the rule-making provisions of the Administrative Procedures Act, A.R.S. §§ 41-1021 to 41-1035, in adopting the rules…”

Carondelet Health Servs., Inc. v. Arizona Health Care Cost Containment Sys. Admin., 895 P.2d 133 (Ariz. Ct. App. 1994). · cites it 2× “See AR.S. §§ 41-1021 to 41-1035. APA rulemaking requires public notice, and the opportunity for public participation and comment, to ensure that those affected by a rule have adequate notice of the agency’s proposed procedures and the opportunity for input into the consideration…”

Legacy Educ. v. Asbcs (Ariz. Ct. App. 2018). · cites it 2× “3, “Rule Making,” A.R.S. §§ 41-1021 to -1038; Art. 4, “Attorney General Review of Rule Making,” A.”

Benavidez v. Az Bd. (Ariz. Ct. App. 2022). · cites it 2× “Attempting to circumvent this explicit grant of authority, Benavidez argues that the Board must follow the rulemaking procedure in A.R.S. §§ 41-1021 to -1029 “because [his 5 BENAVIDEZ v.”

ruco/thaler v. Acc (Ariz. Ct. App. 2025). · cites it 2× “” The cited statute is from the APA’s chapter on rulemaking, A.R.S. §§ 41-1021 through -1039. And in denying RUCO’s request for rehearing, the Commission explained that following 8 RUCO/THALER v.”

Repub. Nat'l Comm.; Repub. Party of Arizona v. Adrian Fontes; Voto Latino (Ariz. Ct. App. 2025). “Accordingly, a “rule is invalid unless it is consistent with the statute, reasonably necessary to carry out the purpose of the statute and is made and approved in substantial compliance with §§ 41-1021 through 41-1029 and articles 4, 4.”

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