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. A negotiated rulemaking process may be requested on any topic
appropriate for a rule by the Department.
005.01(A). 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.
005.01(B). A negotiated
rulemaking process may not be requested to develop a rule to vary or change the specific terms of a
statute.
005.01(C). 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
herein.
005.02. 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 that it does not, the Department may refuse to accept it.
005.02(A). 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 this rule and made a part of it
by reference.
005.02(B). A petition may also be made in the form
of a letter so long as the letter contains all of the information required by this rule and is clearly
delineated as a petition for negotiated rulemaking.
005.03. 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.
005.03(A). 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 rule, and, if amendments to existing rules are sought, identification
of the rule by title, Chapter, and name.
005.03(B). The petition
must identify the specific issue(s) proposed for inclusion in the negotiated rulemaking process.
005.03(C). The petition must discuss the facts surrounding each problem or
issue proposed for inclusion in the negotiated rulemaking process.
005.03(D). 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.
005.03(E). 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. Upon the filing of a petition
for a negotiated rulemaking procedure, the Director may designate a Department employee or use the services
of a convener to recommend to the Director whether a negotiated rulemaking process should be
initiated.
005.05. Within sixty (60) days after submission of a
petition for a negotiated rulemaking procedure, the Department shall:
005.05(A). Deny the petition in writing, stating the reason(s) for denial;
or
005.05(B). Initiate the negotiated rulemaking process as
provided in this rule.
005.06. The decision of the
Director with respect to a petition for a negotiated rulemaking procedure will be made in the form of an
order clearly designated as the decision on the petition. The petitioner shall be served with a copy of the
Director's final decision by first class mail.
005.07. A decision
by the Director 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.
