SECTION 380:1-3-1. Opportunity for hearing  


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  • (a)   Prior to the adoption, amendment, or repeal of any rule, the Department of Labor affords any interested person a reasonable opportunity to submit data, views, or arguments, orally or in writing to the Department of Labor concerning the proposed action on a rule. Should the proposed action on a rule affect one's substantive rights, the opportunity for a oral hearing will be granted if requested in writing by at least twenty-five (25) persons, by a governmental subdivision or agency, or by an association having not less than twenty-five (25) members, if no substantive rights are involved, the opportunity for oral argument or views is within the discretion of the Labor Commissioner.
    (b)   Any interested person may petition the Labor Commissioner requesting promulgation, amendment, or repeal of a rule. The petition shall be filed with the Labor Commissioner and shall set forth in writing, clearly and concisely, all matters pertaining to the requested action and the reasons for the request. The request should, also, state whether there is someone, known to the petitioner, who is concerned with the subject and should be notified of the hearing.
    (c)   The Labor Commissioner, after the completion of the notice or at a special meeting specified in the notice, will hear the petition and notify the petitioner of the ruling within twenty (20) days after the decision. In either event, a hearing on said petition shall be held within sixty (60) days after received in proper form by the Labor Commissioner. For just cause, the Labor Commissioner may postpone the discussion and ruling on the petition until a subsequent meeting and all parties shall be notified of the postponement, if necessary.