The Governor’s Regulatory Review Council (GRRC) exists to review agency policies and rules at regular intervals for legality.
Under A.R.S. 41-1033, ACC policy statements and rules can be petitioned for review by GRRC.
Underground Arizona filed a petition with the ACC on September 3, 2024 regarding Policy Statement 3 of Decision 79140.
On October 31, 2024, the ACC denied our petition and advised us we could appeal to GRRC pursuant to A.R.S. 41-1033.
On November 8, 2024, Underground Arizona filed an appeal with GRRC. We will share the files here since GRRC does not have a public docket.
On March 3, 2025, the ACC replied.
The next day, we provided a rebuttal:
On April 28, 2025, the ACC provided its A.R.S. 41-1033(H)(3)(c) Statement.
Two days later, we provided a rebuttal.
Intermingled with these filings were multiple hearings.
Ultimately on June 3, 2025, GRRC voted unanimously to void Policy Statement 3 of Decision 79140.
Despite referring Underground Arizona to A.R.S. 41-1033 (the GRRC petition process) and participating in the GRRC petition process, the ACC now claims it is not subject to GRRC jurisdiction. It made these same arguments to GRRC directly and GRRC, who is represented by multiple attorneys both on the council, in the ADOA, and in the AG’s office, did not find them persuasive. Unless and until the ACC gets a court declaration otherwise, we believe the public must treat GRRC’s decision as final.