Rules Establishing Fees Sample Clauses

Rules Establishing Fees. The APA’s definition of “rule” specifically includes prescribing a fee. A.R.S. § 41-1001(18). A fee is defined to include any charge prescribed by an agency for an inspection or for obtaining a license. A.R.S. § 41-1001(8). Under A.R.S. § 41-1008, an agency shall not charge or receive a fee, or make a rule establishing a fee, unless the fee for the specific activity is expressly authorized by statute or a tribal state gaming compact. An agency cannot establish a fee in a rule that is based only on a statute that generally authorizes an agency to recover its costs or accept gifts or donations. A.R.S. § 41-1008(A)(1). An agency must include the specific reference to the statute or tribal state gaming compact that authorizes a fee directly on the documents related to the collection of that fee. Id. at § (B). In addition to defining the term “fee” narrowly in A.R.S. § 41-1001(8), the APA exempts certain fee-related matters from its rule-making requirements. For example, the APA exempts a rule that “only establishes specific prices to be charged for particular goods or services sold by the agency.” A.R.S. § 41-1005(A)(5). This exemption applies to charges such as copying or the cost of a directory for an agency. Other specific exemptions for fee setting by particular agencies are contained in A.R.S. § 41-1005(A), including certain fees prescribed by A.R.S. § 6-125 (Department of Financial Institutions);