SECTION 460:2-39-5. Department decision  


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  •   Within 90 days from receipt of a petition requesting the promulgation, amendment, or repeal of a rule, the Department shall issue a written decision either granting or denying the petition. The Chief Mine Inspectors decision shall constitute the final decision for the Department.
    (1)   If the petition is granted, the Chief Mine Inspector shall initiate a rulemaking proceeding.
    (2)   If the petition is denied, the Chief Mine Inspector shall notify the petitioner in writing, setting forth the reason for denial.