Texas Administrative Code
Title 19 - EDUCATION
Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD
Chapter 1 - AGENCY ADMINISTRATION
Subchapter A - GENERAL PROVISIONS
Section 1.7 - Petition for the Adoption of Rules
Universal Citation: 19 TX Admin Code ยง 1.7
Current through Reg. 49, No. 38; September 20, 2024
(a) An interested person by petition to the agency may request the adoption, amendment, or repeal of a rule.
(b) A petition under this section shall be in writing and shall contain:
(1) a specific reference to the agency's
statutory authority to enact such a rule;
(2) the chapter and subchapter of the
agency's rules in which, in the petitioner's opinion, the rule
belongs;
(3) the reason that the
petitioner believes the proposed rule is needed or desirable, in narrative
form, with sufficient particularity to inform the board and any interested
party fully of the facts upon which petitioner relies;
(4) the language that the petitioner proposes
for adoption, in the exact form in which the petitioner wishes the rule or
rules to be promulgated, published, or adopted;
(5) the petitioner's name, address, phone
number, and signature. If the petitioner is represented by an attorney, the
attorney shall give his or her bar card number, address, phone number, and fax
number.
(c) The petition shall be served upon the Commissioner by personal delivery or by certified mail, with return receipt requested, or by other verifiable delivery service. A certificate evidencing service shall be included in the petition.
(d) Upon receipt of the petition for adoption of rule, the petition shall be referred to the agency's General Counsel for a determination whether the prerequisites found herein have been met.
(1) If the General Counsel finds that the
petition prerequisites have been met, he or she shall refer the matter to the
ADR coordinator for scheduling and reporting purposes, and to the Assistant
Commissioner whose Division has jurisdiction over the subject matter of the
proposed rule or rules for response. Not later than the 60th day after the date
of submission of a petition under this section, the Assistant Commissioner to
whom the matter was assigned shall:
(A)
either:
(i) deny the petition in writing,
stating its reasons for the denial; or
(ii) initiate a rulemaking proceeding under
this subchapter; and
(B)
report the determination to the ADR coordinator.
(2) If the General Counsel finds that
prerequisites have not been met, he or she shall notify the petitioner in
writing that the petition fails to meet the prerequisites herein, and the
manner in which it failed.
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