Exemptions from Rule Sample Clauses

Exemptions from Rule making Procedures. The APA applies to all agencies and proceedings not expressly exempted. A.R.S. § 41-1002. There are two statutes that provide most of the exemptions from the APA’s rule-making requirements -- A.R.S. §§ 41-1005 and 41-1057. Additional isolated exemptions are found either in the APA itself (see, e.g., A.R.S. § 41-1001(1) (exempting the legislature, the courts, and the governor from the APA)), or in laws governing a particular agency. See, e.g., A.R.S. § 16- 956(C) (exempting the Citizens Clean Election Commission from regular rule-making procedures). Most exemptions establish other procedures for public notice and comment. See, e.g., A.R.S. § 16-956(C). If so, the alternate procedures must be followed carefully. Because many of these exemptions are very specific, it is important to study carefully not only the APA, but also an agency’s organic laws to determine whether the particular subject in question is exempt from the rule-making requirements.
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