Current through September 17, 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.
005.01
Topics for Negotiated Rulemaking. A negotiated
rulemaking process may be requested on any topic appropriate for a rule or
regulation by the Department.
005.01A 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.
005.01B A negotiated
rulemaking process may not be requested to develop a rule or regulation to vary
or change the specific terms of a statute.
005.01C 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 002.11 above.
005.02
Form
of Petition. 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 that it does not, the Department may
refuse to accept it.
005.02A 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.
005.02B 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.
005.02C AU petitions must be on white, letter
sized paper (816 by 11 inches) of standard weight.
005.02D 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.
005.02E
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.
005.03
Content and Substance of Petition, 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.
005.03A 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.
005.03B The petition must
identify the specific issue(s) proposed for inclusion in the negotiated
rulemaking process.
005.03C The
petition must discuss the facts surrounding each problem or issue proposed for
inclusion in the negotiated rulemaking process.
005.03D 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 003.01 through 003.05 above. The
petition may also include information on the criteria included in subsections
003.06 and 003.07 above, 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.
005.03E 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.
005.04
Where to File
Petition. 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.
005.05
Recommendation of
Negotiated Rulemaking. 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.
005.06
Timeline for
Decision. Within sixty (60) days after submission of a petition
for a negotiated rule making procedure, the Department shall:
005.06A Deny the petition in writing, stating
the reason(s) for denial; or
005.06B Initiate the negotiated rulemaking
process as provided in these rules.
005.07
Form of
Decision. The decision of the Department with respect to a
petition for a negotiated rule making 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 Department's final decision by
certified mail, return receipt requested;
005.08
No Judicial
Review. 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.
