Current through March 20, 2024
Any person may petition the Board 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 or
regulation by the Board.
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 Board to implement.
006.01B A negotiated rulemaking process may
not be requested to develop a rule or regulation 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 or regulation as set forth
in subsection 003.10.
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 subsection. In the event it does not, the Board may refuse
to accept it.
006.02A A petition may be in the
form of a pleading that contains a caption, heading, and name as set forth on
Attachment 1, which is attached to these rules and made a part of them by
reference.
006.02B A petition may
also be made in the form of a letter so long as the letter contains all of the
information required by these regulations and is clearly delineated as a
petition for negotiated rulemaking.
006.02C All petitions must be on white,
letter sized paper (8 ½ by 11) of standard weight.
006.02D Petitions must be legible, and may be
typewritten, photostatically reproduced, printed, or handwritten. If
handwritten, petitions must be in ink. Only one side of a page of a petition
shall contain any writing.
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 Board 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 or legislative bill(s) which provide
authority for the desired regulation, and, if amendments to existing
regulations are sought, identification of the regulations 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 subsections 004.01 through 004.05 above. The
petition may also include information on the criteria included in subsections
004.06 and 004.07 above; to the extent such information is available to the
petitioner. The petitioner may also submit such other information as may assist
the Board 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 and the proposed rule.
006.04 A petition for a negotiated rulemaking
process hall be filed with the Board. Filing may be made by personal delivery
during regular Board office hours or by mail.
006.05 Upon the filing of a petition for a
negotiated rulemaking procedure, the Board may designate a Board employee or
use the services of a convenor to recommend to the Board 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 Board
shall:
006.06A Deny the petition in writing,
stating the reason(s) for denial; or
006.06B Initiate the negotiated rulemaking
process as provided by these rules.
006.07 The decision of the Board 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 Board's final decision by
certified mail, return receipt requested.
006.08 A decision by the Board 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.
