GRRC Approves ADRE 5-Year Rule Review Report

On Tuesday, October 1, 2024 and in welcome news, the Governor's Regulatory Review Council (GRRC) approved the Department's 5-Year Rule Review as part of its Consent Agenda.

Last week during their Working Session, Council Members commended the Department for its stakeholder engagement and outreach and were generally complimentary of the Department during the Working Session.  

Additionally, as noted by Council staff starting at page 291, the Department successfully:

• Reviewed all of its rules, not just those due for review this year. Specifically from Nov. 2, 2023 to June 13, 2024, Department leadership and internal SMEs spent over 70 hours reviewing all of its rules.
• Solicited feedback from all brokers, school administrators and any regulated member for whom the Department has an email address to ensure inclusion of any concerns. This represented 58,283 email addresses and the concerns of those who replied are documented and addressed within Section 7 of the Report submitted to Council.
• Reviewed the prior two 5-Year Rule Reviews to ensure its review captured those concerns expressed in prior years that were not addressed in subsequent rulemaking. An analysis of this review is included in Section 10 of the Report submitted to the Council.
• Identified three rules to expire in order to create a rule meeting an amendment to statute offered by the Senate President, which he has reviewed and confirms the Department’s draft meets his intent of the statutory change. The identified rules and the draft rule were included in the Report before Council.
• Completed a comprehensive draft rulemaking that incorporates all prior 5 Year Rule Review concerns, incorporates statutory changes back to at least 2014, and includes relevant concerns from the feedback from licensees. That Comprehensive draft was also submitted to Council.
• Submitted the comprehensive draft rulemaking to the Governor’s Office for consideration of the waiver for the Rulemaking Moratorium on June 24, 2024.

With the 5YRR Report approved, the Department will continue to work to answer any questions the Governor's Office may have about the draft rulemaking.

Once a waiver from the rulemaking moratorium is received, ADRE will move to have a Docket Opened and immediately begin working with stakeholders on the draft language.  See Page 20, Arizona Rulemaking Manual for an overview of the rulemaking process.