SECTION 460:2-39-3. Department determination

  Upon receipt of a petition requesting the promulgation, amendment, or repeal of a rule, the Chief Mine Inspector 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 for rulemaking on the same issue shall not provide a reasonable basis. If the Chief Mine Inspector determines that the petition has a reasonable basis, a notice shall be published in the Oklahoma Gazette 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.