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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 460. Department of Mines |
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Chapter 10. Non-Coal Rules and Regulations |
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Subchapter 1. General Provisions |
SECTION 460:10-1-7. Petitions to initiate rulemaking
Latest version.
- (a) Any interested person may petition the Director of the Department of Mines to initiate a proceeding for the issuance, amendment, or repeal of any regulation under this Chapter. The petition shall be submitted to the, Director of the Oklahoma Department of Mines, 2915 N. Classen Blvd., Suite 213, Oklahoma City, Oklahoma 73106.(b) The petition shall be a concise statement of the facts, technical justification, and law which require issuance, amendments, or repeal of a regulation under this Chapter and shall indicate whether the petitioner desires a public hearing.(c) Upon receipt of the petition, the Director shall determine if the petition sets forth facts, technical justification, and law which may provide a reasonable basis for issuance, amendment, or repeal of a regulation. Facts, technical justification, or law previously considered in a petition or rule-making on the same issue shall not provide a reasonable basis. If the Director determines that the petition has a reasonable basis, a notice may be published in the Daily Oklahoman and or the Tulsa World seeking comments from the public on the proposed change. The Department may hold a public hearing, may conduct an investigation, or take other action to determine whether the petition should be granted.(d) The Director's decision shall constitute the final decision for the Department.(1) If the petition is granted, the Director shall initiate a rulemaking proceeding.(2) If the petition is denied, the Department shall notify the petitioner in writing.