Current through March 20, 2024
Any person may petition the Department to request the use of
a negotiated rulemaking committee in the development or revision of a rule, as
provided below.
006.01 A negotiated
rulemaking process may be requested on any topic appropriate for a rule by the
Department.
006.01A A negotiated rulemaking
process may be requested only to develop or revise rules which carry out
statutes that are within the authority of the Department to
implement.
006.01B A negotiated
rulemaking process may not be requested to develop a rule to vary or change the
specific terms of a statute.
006.01C A negotiated rulemaking process may
not be requested to negotiate a rule on a matter which is not within the
definition of a rule as set forth in Section 003.08 of this Rule.
006.02 A request for the use of a
negotiated rulemaking procedure shall be made by a petition that meets the
requirements of form set out in this Section. In the event that it does not,
the Department may refuse to accept it.
006.02A The petition may be in the form of a
pleading that contains a caption, heading, and name as set forth on Form 49-6
-1, which is attached to this Rule and incorporated herein by
reference.
006.02B The petition may
also be made in the form of a letter if the letter contains all of the
information required by this Section and is clearly labeled as a petition for
negotiated rulemaking.
006.02C All
petitions must be on white, letter sized paper (8 1/2 inches x 11 inches) of
standard weight.
006.02D Petitions
must be legible, and may be typewritten, printed, or handwritten, or on a form
photostatically reproduced. If handwritten, petitions must be in ink. Only one
side of a page of a petition shall contain any writing. Petitions must contain
an original manual signature of the person requesting negotiated rulemaking or
an authorized agent of such person.
006.02E Any documents that are intended to
accompany a petition shall be securely fastened, clearly marked as attachments
to the petition, and meet the other requirements of this Section as to size,
print and legibility.
006.03 A petition for a negotiated rulemaking
procedure shall meet the following requirements for content and substance. In
the event that it does not, the Department may refuse to accept it.
006.03A The petition must identify the
general subject matter about which the negotiated rulemaking procedure is
requested, including the statutes, legislative bill(s) or other legal authority
that provide authority for the desired rule, and, if amendments to existing
rules are sought, identification of the rules by title, chapter and
name.
006.03B The petition must
identify the specific issue(s) proposed for inclusion in the negotiated
rulemaking process.
006.03C The
petition must discuss the facts surrounding each problem or issue proposed for
inclusion in the negotiated rulemaking process.
006.03D The petition must discuss why a
negotiated rulemaking process is in the public interest, including information
on each of the criteria set out in Sections 004.01 through 004.05 of this Rule.
The petition may also include information on the criteria included in Sections
004.06 and 004.07 of this Rule, to the extent such information is available to
the petitioner. The petitioner may also submit such other information as may
assist the Department in making a decision.
006.03E The petition must identify persons
who will be significantly affected by any rule which might result from the
proposed negotiated rulemaking process, to the extent known by the petitioner.
The petitioner may also suggest the names of persons who are willing and
qualified to represent the interests that will be significantly affected by the
negotiated rulemaking process and the proposed rule.
006.04 A petition for a negotiated rulemaking
process shall be filed with the Director. Filing may be made by personal
delivery during regular Department office hours or by mail to its main
office.
006.05 Upon the filing of a
petition for a negotiated rulemaking procedure, the Director may designate a
Department employee or use the services of a convenor to recommend to the
Director whether a negotiated rulemaking process should be initiated.
006.06 Within sixty (60) days after
submission of a petition for a negotiated rulemaking procedure, the Department
shall:
006.06A Deny the petition in writing,
stating the reason(s) for denial; or
006.06B Initiate the negotiated rulemaking
process as provided in this Rule.
006.07 The decision of the Department with
respect to a petition for a negotiated rulemaking procedure may be made in the
form of a pleading or a letter clearly designated as the decision on the
petition. The petitioner shall be served with a copy of the final decision by
certified mail, return receipt requested.
006.08 A decision by the Department with
respect to a petition for a negotiated rulemaking procedure is not subject to
judicial review, although nothing herein shall bar a judicial review if such is
otherwise provided by law.
