Texas Administrative Code
Title 22 - EXAMINING BOARDS
Part 26 - TEXAS BOARD OF LICENSURE FOR PROFESSIONAL MEDICAL PHYSICISTS
Chapter 601 - MEDICAL PHYSICISTS
Section 601.13 - Petition for Adoption of Rules
Universal Citation: 22 TX Admin Code ยง 601.13
Current through Reg. 49, No. 38; September 20, 2024
(a) Submission of the petition.
(1) Any person
may petition the board to adopt a rule.
(2) The petition shall be in writing; shall
state the petitioner's name, address, and phone number; and shall contain the
following:
(A) a brief explanation of and
justification for the proposed rule;
(B) the text of the proposed rule prepared in
a manner to indicate the words to be added or deleted from the current text, if
any;
(C) a statement of the
statutory or other authority under which the rule is to be promulgated;
and
(D) the public benefit
anticipated as a result of adopting the rule or the anticipated injury or
inequity which could result from the failure to adopt the proposed
rule.
(3) The board is
not required to consider a petition which does not contain the information
described in paragraph (2) of this subsection.
(4) The petition shall be mailed or delivered
to the board.
(b) Consideration and disposition of the petition.
(1) Except as otherwise provided in
subsection (c) of this section, the executive secretary shall submit a petition
meeting the requirements of subsection (a) of this section to the
board.
(2) Within 60 days after
receipt of the petition, the board shall deny the petition or institute
rulemaking procedures in accordance with the Administrative Procedure Act,
Texas Government Code, Chapter 2001. The board may deny parts of the petition
or institute rulemaking procedures on parts of the petition.
(3) If the board denies the petition, the
board shall give the petitioner written notice of the board's denial, including
the board's reasons for the denial.
(4) If the board initiates rulemaking
procedures, the version of the rule which the board proposes may differ from
the version proposed by the petitioner.
(c) Subsequent petitions to adopt the same or similar rules. All initial petitions for the adoption of a rule shall be presented to and decided by the board in accordance with the provisions of subsection (b) of this section. The board may refuse to consider any subsequent petition for the adoption of the same or similar rule submitted within six months after the date of the initial petition.
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