SECTION 460:2-39-4. Opportunity for argument

  Before making final determination, the requesting party shall be allowed reasonable opportunity for argument, written and/or oral, in support of a petition before the Department requesting the promulgation, amendment or repeal of a rule. In making its final determination on the petition, the Department may, in its discretion, resort to either of the following nonexclusive actions or proceedings (or any combination thereof):

(1)   For good and sufficient cause, summarily grant or deny the petition; or

(2)   Refer the request to staff for additional review, consideration, and recommendation prior to a determination thereon by the Department.