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Maricopa County Title: Enhanced Regulatory Number: A1518 Internal Policy Outreach Program Issue Date: December 10, 2012 Policy Category: Approved By: Maricopa Revision No: N/A Outreach County Board of Supervisors and Special Districts Revision Date: March 25, 2013 I. PURPOSE To provide a comprehensive process that allows multiple opportunities for stakeholder input, regarding the adoption and amendment of all regulatory requirements. The program will be operational by January 9, 2013. II. AUTHORITY This Policy has been authorized by the Board of Supervisors pursuant to A.R.S. § 11-251. III. APPLICATION AND ENFORCEMENT This Policy applies to the following departments and special district: Air Quality, Formatted: Bulleted + Level: 1 + Aligned at: Environmental Services, 0.5" + Indent at: 0.75" Planning and Development and Transportation Procurement Services departments and Flood Control District of Maricopa County. Formatted: Indent: Left: 0" No code, rule, regulation or ordinance can be enforced without substantial compliance with this policy, except those that were approved by the Board of Supervisors before January 9, 2013. IV. DEFINITIONS A. Appointing Authority: An elected official, the single administrative or executive head of a department, or the designated representative authorized to act in this capacity. V. PROCEDURES A web site will be created and accessible from the County main web page, with a distinct URL, that can be found on the web pages of all departments and districts engaged in regulation adoption or amendment. This site will serve as a central place for interested parties to participate in all County regulatory changes. At a minimum, this new site will contain the following information: 1. Calendar – A calendar notifying the public of all major milestones and opportunities for public input on all current regulatory adoptions and amendments. 2. Information about where comments can be submitted electronically or in writing. Page 1 of 4 Maricopa County Title: Number: A1518 Internal Policy Enhanced Regulatory Outreach Program Issue Date: December 10, 2012 Policy Category: Initiating Department: Revision No: County Manager County Manager Revision Date: March 25, 2013 3. Staff Reports – Staff reports on all regulatory changes will be prepared and linked to the web site at least one week prior to any public meeting or hearing (citizens’ advisory board, commission or Board of Supervisors). The Office of Procurement Services will make staff reports available to the public at the beginning of the process during the Stakeholder Workshop phase. These staff reports will include: (i) A summary of the proposed regulatory change; (ii) An analysis of the input received during the process and how that input was responded to; (iii) Language of any proposed regulatory change or amendment; (iv) Minutes from all public meetings; and, (v) Copies of all written and electronic stakeholder input. In addition to the required staff report, an executive summary of the report including an overview of stakeholder input and staff responses will be provided to the Board of Supervisors (BOS) at least one week prior to any BOS public hearing. 4. Process Flow Chart - Each department will post a flow chart depicting their rule adoption or regulatory amendment process. This flow chart will include mandatory participation by the appropriate citizen boards and commissions when applicable. A county-wide process flowchart is attached. 5. Expedited Process Flow Chart – If utilized, a department will post a flow chart depicting their expedited rule adoption or regulatory amendment process. This expedited process may only be used if the following criteria have been met: (i) The proposed amendment has been the subject of at least one Stakeholder Workshop (posted on the County’s web site at least two weeks in advance) and one Citizens’ Board or Commission meeting; (ii) A draft of the regulatory change was available on the Enhanced Regulatory Outreach Program web site at least two weeks prior to the citizens’ Board or Commission meeting and was forwarded to the Board/Commission at least one week in advance of their review meeting. (iii) No comments of opposition to the amendment have been received from the public; Page 2 of 4 Maricopa County Title: Number: A1518 Internal Policy Enhanced Regulatory Outreach Program Issue Date: December 10, 2012 Policy Category: Initiating Department: Revision No: County Manager County Manager Revision Date: March 25, 2013 (iv) The Citizens’ Board or Commission reviewing the amendment recommends approval. A countywide Expedited Process Flow Chart is attached. 6. Incorporation By Reference Flow Chart – If utilized, a department will post a flow chart depicting their adoption by reference rule adoption process (A countywide Incorporation by Reference Flow Chart is attached.) This process may only be used in the following circumstances: (i.) The rule merely changes the date of incorporation of a federal rule or statute when there has been no change in the rule since its last incorporation. (ii.) An update of a previous Code of Federal Regulations incorporation by reference where there have been changes since the last date of incorporation of the federal regulations, but the Clean Air Act or other legal requirements compel the County/State adoption of the revised federal rule if the County or State is to retain its jurisdiction. 7. Stakeholder Notification Sign-up - The Enhanced Regulatory Outreach site will include an opportunity for any interested person to sign up to receive notices of all proposed regulatory changes, including opportunities to participate in the process. Citizens will have the option of receiving notices regarding all regulation changes or only those involving specific departments. 8. Index of Current Regulations - Organized by implementing department or district, the index will list all County regulations and a link to each. 9. Index of Substantive Policy Statements – As required by ARS § 11-1607, an index, organized by department or district, listing all departmental substantive policy statements and a link to each. 10. A standardized County definition of the terms Regulations and Substantive Policy Statements along with an index, organized by department or district, listing all documents that meet these definitions and a link to each. 11. Process for Review of Complaints Re: Failure to Observe Adoption Procedure If an affected person has a complaint concerning a failure to observe the requirements of this policy, it shall be submitted to the Department initiating or recommending the regulation or ordinance. The complaint shall contain, at a minimum, the name of the Department Page 3 of 4 Maricopa County Title: Number: A1518 Internal Policy Enhanced Regulatory Outreach Program Issue Date: December 10, 2012 Policy Category: Initiating Department: Revision No: County Manager County Manager Revision Date: March 25, 2013 initiating or recommending the rule; the specific rule being initiated or recommended; and an explanation specifying the failure of a process or procedure of this policy that lead to the complaint. Within fifteen business days after the date of submission, the Department shall, in writing, respond to the complaint and recommend action. The affected person may appeal the decision by filing with the Clerk of the Board within thirty days after the date of the written decision of the Department, a written appeal to the Board of Supervisors. The Board shall place the complaint on its agenda within thirty days and provide a response to the complainant at the meeting. In the event of an appeal, the appealed portion of the regulation or ordinance will not be enforced until the Board of Supervisors rules on the appeal. 12. Emergency Adoption of Regulations and Ordinances The Board of Supervisors may adopt regulations or ordinances without complying with the procedures of this policy if it makes a finding of an emergency requiring the adoption of the regulation and ordinance and records the nature of the emergency and the reason for the adoption in its minutes. Not later than sixty (60) days after the adoption of an emergency measure according to this policy, the regulation or ordinance shall be reviewed by the Board to determine if it should continue or be terminated. Page 4 of 4