What is the difference between a five-year-review report and a rulemaking?
A five-year-review report analyzes an agency’s rules to determine whether rulemaking is necessary, but does not directly change any rules. The Department is required by A.R.S. 41-1056 to review its rules at least once every five years to determine whether the rules should be amended or repealed. The Governor’s Regulatory Review Council (GRRC) has established a schedule that specifies the month and year each agency’s five-year-review reports (report) are due to GRRC for approval. If a report is not submitted to GRRC by the GRRC due date, the rules expire and cannot be enforced by the Department. Rulemaking is the process by which the Department creates new rules or changes existing rules. The processes for conducting a five-year-review and a rulemaking are entirely separate. The Department does not make new rules in the five-year-review report. The Department may, but rarely does, conduct a rulemaking simultaneously with a five-year-review. If the Department determines that current rule
