SECTION 460:20-1-7. Petition to initiate rulemaking

(a)   Any person may petition the Director to initiate a proceeding for the issuance, amendment, or repeal of any regulation under the Act. The petition shall be submitted to the Office of the Director, 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 requires issuance, amendment, or repeal of a regulation under the Act 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 the facts, technical justification or law previously considered in a petition or rulemaking of the same issue shall not be provide a reasonable basis. If the Director determines that the petition has a reasonable basis, a notice shall be published in the office State register of public notices seeking comments from the public on the proposed change. The Director may hold a public hearing, may conduct an investigation, or take other action to determine whether the petition should be granted.

(d)   Within 90 days from receipt of the petition, the Director shall issue a written decision either granting or denying the petition. 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 Director shall notify the petitioner in writing, setting forth the reasons for denial.

[Source: Amended at 31 Ok Reg 2095, eff 9-12-14; Amended at 36 Ok Reg 1935, eff 9-14-19]