The Arizona REALTORS® is pleased to announce that it has entered into an independent contractor agreement with Judy Lowe, pursuant to which she will act as a consultant to the Association in connection with the Arizona Department of Real Estate’s Five-Year Rule Review.

Ms. Lowe served as Commissioner of the Arizona Department of Real Estate from 2009 to 2021, during which time she successfully oversaw downsizing in staffing and a reduction in the Department’s appropriation of $4.6M to $2.9M. By way of this position, Ms. Lowe is intimately familiar with both the Arizona Administrative Code, also known as the “Commissioner’s Rules,” and the rulemaking process.

As an outside consultant, Ms. Lowe will assist the Association in reviewing the Department of Real Estate’s proposed rules package and understanding it from an administrative and government perspective. As explained by Arizona REALTORS® CEO, Scott Drucker, “In order to approach the rulemaking process with an objective and open mind, it is important to understand the proposed rules from all perspectives. We’re confident that Judy Lowe can help us do that and we look forward to working with her.”

Rulemaking refers to the process of adopting Arizona rules, as well as the document that an agency/department files with the Arizona Secretary of State (SOS) to update their rules in the Arizona Administrative Code. The Administrative Procedure Act, Council rules, and SOS rules and guidelines govern agency/department rulemaking.

“The primary purpose of rulemaking is to give notice to the public of the substantive and procedural requirements that an agency has established for activities falling within its statutory authority.” See Arizona Attorney General Agency Handbook, Chapters 11-12. No rules are permitted that exceed statutory or constitutional authority and the Governor’s Regulatory Review Council is responsible for ensuring that rulemakings are authorized and do not exceed a department’s authority.

The Arizona Department of Real Estate anticipates publishing its Notice of Docket Opening in late November, after which it is expected to begin informal stakeholder engagement meetings.

The Arizona REALTORS® looks forward to working with the Department of Real Estate throughout this process to ensure that proposed rules protect the public, REALTORS®, and the clients they serve.