Rules

Rules & Legislation: What's the Difference?

The Arizona State Board of Dental Examiners ("BODEX") is guided by a set of official rules as well as state legislation. What’s the difference? Legislation is a law/statute created by the legislative branch of government, whereas a rule is a requirement imposed by an agency. State Statutes provide agencies the authority to create rules, which allow them to regulate or administer various government functions. Rules and legislation both carry the force of law.

For example, state law declares that the BODEX establish qualifications of an applicant to be eligible for licensure, but rules set by the BODEX explain the processing procedures for such applications.

What is the process?

The processes for developing statutes and rules are different, but both rely heavily on public input.

In the legislative process, a draft statute, most commonly referred to as a bill, is introduced by a member of the legislature and heard by one or more committees of legislators. When the committee hears a bill, members of the public are provided an opportunity to present any questions or comments they may have about the bill. The committee hearing also allows legislators to ask questions and express comments about the legislation based on the interests and communities they represent. Action on introduced bills is tracked throughout each legislative session.

In the rulemaking process, an agency files a draft rule with the Secretary of State, who then publishes it in the Arizona Administrative Register so that members of the public have access and can contact the agency about the draft rule. Often, an agency will hold an oral proceeding where members of the public can make oral comments and ask questions about the draft rule. After a public comment period, the draft rule is filed with the Governor’s Regulatory Review Council. The Council members, appointed by the Governor and charged with reviewing all agency rules to ensure the rules meet specific rulemaking standards, such as not exceeding the scope of the agency’s statutory authority.

The Arizona Administrative Code is where the official rules of the state of Arizona are published. The Code is the official compilation of rules that govern state agencies, boards and commissions. The Arizona State Board of Dental Examiners ("BODEX") is responsible for ensuring that all BODEX rules, five-year-review reports and substantive policy statements meet statutory requirements and are clear, concise and understandable. BODEX official rules are published in the Arizona Administrative Code, and can be found in Title 4, Administration, Chapter 11, State Board of Dental Examiners, of the Code. The Secretary of State provides an on-line version of the Code at: Arizona Administrative Code.

Please be aware that Arizona Administrative Code is only updated every three months, and that newer rules may be in effect than the ones published in the Code. For newer rules, please access the Arizona Administrative Register.

Explanation of Rules
- Generally speaking, a rule is an administrative law that is created by a government entity to clarify requirements the agency imposes on the public based on a statute that allows the agency to regulate certain activities.
- According to the Arizona Revised Statutes, a rule is "an agency statement of general applicability that implements, interprets or prescribes law or policy, or describes the procedure or practice requirements of an agency. Rule includes prescribing fees or the amendment or repeal of a prior rule but does not include intra-agency memoranda that are not delegation agreements." A.R.S. § 41-1001(19)
Explanation of Substantive Policy
- According to the Arizona Revised Statutes, a substantive policy statement is “a written expression which informs the general public of an agency's current approach to, or opinion of, the requirements of the federal or state constitution, federal or state statute, administrative rule or regulation, or final judgment of a court of competent jurisdiction, including, where appropriate, the agency's current practice, procedure or method of action based upon that approach or opinion. A substantive policy statement is advisory only. A substantive policy statement does not include internal procedural documents which only affect the internal procedures of the agency and does not impose additional requirements or penalties on regulated parties, confidential information or rules made in accordance with this chapter.” A.R.S. § 41-1001(22).
- In other words, substantive policy statements are filed with the Secretary of State in order to provide notice to the public about how an agency handles certain legal requirements, but substantive policy statements do not impose additional requirements on the public. Currently, the Arizona State Board of Dental Examiners does not have any substantive policy statements on file with the Secretary of State.
Statements BODEX Rules Procedures
- The rulemaking process is the way government entities may create rules. There are four basic types of rulemaking: regular, exempt, emergency and expedited. The Arizona State Board of Dental Examiners generally follows the regular rulemaking process, located in the Arizona Administrative Procedures act outlined in A.R.S 41-1001 through 41-1057.
- Those procedures require various documents to be filed with the Secretary of State and the Governor's Regulatory Review Council. The following documents must be filed in this order:
- Notice of Docket Opening (NDO) - To inform the public that the agency is planning to change or add to its rules.
- Notice of Proposed Rulemaking (NPR) - To inform the public of how the agency is going to change or add to the rules and allow a minimum of 30 days for public comment.
- Notice of Final Rulemaking (NFR) - To inform the public of how the agency has changed or added to the rules.
- These documents are part of the rulemaking record and are available for public inspection at the Board office.
Rulemaking Moratorium
- Before engaging in the rulemaking process, the Arizona State Board of Dental Examiners (“BODEX”) must obtain approval from the Governor’s Office for each specific rulemaking.

There are multiple opportunities for members of the public to participate in and comment on the rulemaking process. Members of the public are welcome to contact the BODEX at any time to comment on existing rules. The public may also participate on proposed rules through written and oral comments. The BODEX schedules an Oral Proceeding for each rulemaking that is open to the public for comment. Oral Proceedings on BODEX proposed rules are generally held at 1740 W. Adams St, Phoenix, AZ 85007, and noticed on this page, under the Rules Under Development column.

For information or to comment on BODEX rules, please contact board staff at [email protected]

(Please note: Correspondence to and from this or other BODEX email addresses may be subject to public disclosure under the Arizona Public Records Law.)

Arizona Administrative Code

The Arizona Administrative Code is where the official rules of the state of Arizona are published. Please be aware that updates are published every three months and newer rules may be in effect.

Arizona Administrative Register

The Arizona Administrative Register is the official publication for tracking rulemaking actions from concept to completion. It is published regularly by the Secretary of State.

Secretary of State

The Secretary of State is the official publisher of the Arizona Administrative Code and the Arizona Administrative Register. The Secretary of State does not interpret or enforce administrative rules.

Governor's Regulatory Review Council

The Governor's Regulatory Review Council (GRRC) is a council of seven members appointed by the Governor to review agency rulemakings and Five-year Review Reports. Before submitting a Notice of Final Rulemaking to the Secretary of State for publication in the Arizona Administrative Register, an agency must obtain approval from GRRC. The council meets twice a month.

The BODEX is required to review its rules and submit a Five-Year Review Report to the Governor's Regulatory Review Council (GRRC), when applicable. If the Board does not review a rule as scheduled, the rule will expire by operation of laws.

In 2023, the Board reviewed all of its rules in 4 A.A.C 11, Articles 13 and 17 and obtained approval from the Governor's Regulatory Review Council (GRRC) at the June 6, 2023 GRRC meeting. The final report approved by GRRC is located in the document below.

Five-year Review Summary

In 2022, the Board reviewed all of its rules in 4 A.A.C 11, Articles 5-10 and obtained approval from the Governor's Regulatory Review Council (GRRC) at the October 4, 2022 GRRC meeting. The final report approved by GRRC is located in the document below.

Five-year Review Summary

In 2021, the Board reviewed all of its rules in 4 A.A.C 11, Articles 1, 2, 3 and 4 and obtained approval from the Governor's Regulatory Review Council (GRRC) at the September 8, 2021 GRRC meeting. The final report approved by GRRC is located in the document below.

Five-year Review Summary

In 2020, the Board reviewed all of its rules in 4 A.A.C 11, Articles 11, 12, 14, 15 and 18 and obtained approval from the Governor's Regulatory Review Council (GRRC) at the July 7, 2020 GRRC meeting. The final report approved by GRRC is located in the document below.

Five-year Review Summary

To Petition an agency Rule

A person may petition the BODEX and/or the Governor’s Regulatory Review Council to review an agency rule or agency practice pursuant to A.R.S. § 41-1033.

To submit a petition to the Governor’s Regulatory Review Council, visit the council’s website.

The BODEX has filed a Notice of Docket Opening and a Notice of Proposed Rulemaking with the Secretary of State in order to amend its rules relating to assistance and advice. An Oral Proceeding will be held as follows:

Date: October 17, 2024

Time: 10:00 a.m.