3.0175 Petitions for adoption, amendment, or repeal of rules.

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(a) Who May File. Any interested person or organization may petition the commission for the adoption, amendment, or repeal of any rule of the commission.

(b) Form and Content of Petition. The petition need not be in any special form but it shall contain the following:

(1) The name, address, zip code and telephone number of each petitioner;

(2) The signature of each petitioner;

(3) A statement of the nature of petitioner’s interest;

(4) A draft or substance of the proposed rule or amendment or a designation of the provisions sought to be repealed, or both;

(5) A statement of the reasons in support of the proposed rule, amendment, or repeal; and

(6) Any other information pertinent to the petition.

(c) Filing and Service. An original copy of the petition shall be filed with the commission. Each petition be date-stamped upon receipt and will become a public record upon filing. The commission may require the petitioner to serve other persons or governmental agencies known to be interested in the proposed rule-making.

(d) Granting or Denial of Petition; Time Limitation.

(1) The commission shall within 30 days after the submission of the petition either deny the petition in writing, stating its reasons for its denial, or initiate proceedings in accordance with the procedure provided in Sections 3.0171 and 3.0172 for the adoption, amendment, or repeal of rules. Any petition which does not conform to the requirements specified herein may be rejected.

(2) No public hearing, oral argument or other form granting or denying the petition.

(e) Other Commission Action. Nothing in this rule shall operate to prevent the commission, on its own motion, from acting on any matter disclosed in any petition for the adoption, amendment, or repeal of rules.

History: Rule 1-85, eff 2 May 85, § 8.6.