SECTION 460:25-1-8. Petitions to initiate rulemaking  


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  • (a)   Any interested person may petition the Director of the Oklahoma Department of Mines to initiate a proceeding for the issuance, amendment, or repeal of any regulations under the Chapter. The petition shall be submitted to the Director, Oklahoma Department of Mines, 2915 North 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 the Chapter and shall indicate whether the petitioner desires a public hearing.
    (c)   Upon review of the submitted petition, the Director shall determine if the petition sets forth the requirements of Subsection (b) of this Section as to provide a reasonable basis to initiate rulemaking action. If the Director determines that the petition has reasonable basis, a notice may be published in the Oklahoma Register seeking comment 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 of 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.
[Source: Added at 13 Ok Reg 1111, eff 1-11-96 (emergency); Added at 13 Ok Reg 3499, eff 8-26-96; Amended at 31 Ok Reg 2108, eff 9-12-14]