SECTION 460:3-1-4. Petition requesting promulgation, amendment or repeal of a rule or organization

(a)   Any interested person may petition the Department requesting the promulgation, amendment, or repeal of a Department rule, provided, in submitting such petition, the following requirements shall apply:

(1)   All petitions must be submitted in typewritten or legible printed form.

(2)   All petitions must clearly identify the party(s) submitting such petition and must include a statement reflecting the interest of the party(s) in submitting such petition, i.e., a showing that such petition is being submitted by an "interested person."

(3)   All petitions must clearly state that the petition is for the promulgation of a new rule, for the amendment of an existing rule or for the repeal of an existing rule, or, separately, any combination of the above. In the instance of a requested amendment to an existing rule(s), a complete text of the existing rule language requested for change or deletion and/or such language as may be requested to be added must be specified. In the instance of a requested repeal of any rule(s), the petition must state the complete rule(s) requested for repeal.

(4)   All petitions must clearly and separately state the factual basis and reasons, legal grounds and technical justification for each requested rule promulgation, amendment or repeal and shall indicate whether petitioner desires a public hearing. Any and all supporting documents, records, statistics, studies or information must be submitted with the petition.

(5)   All petitions must be duly signed and endorsed by all petitioning parties, or their legal representatives, and such signatures and endorsement must be duly acknowledged by notary.

(b)   All petitions requesting the promulgation, amendment or repeal of any Department rule shall be referred to the Department for review and consideration. The Department shall initially determine if the submitted petition is in adequate and proper form. If determined not to be in proper and adequate form, the Department shall thereupon return said petition to the petitioning party for correction and resubmission.

(c)   Upon receipt of the petition, the Director 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 Director determines that the petition has a reasonable basis, a notice shall be mailed to all mine operators and other interested persons, and shall be published in the The Daily Oklahoman and/or The Tulsa World 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.

(d)   Before making any final determination, the requesting party shall be allowed reasonable opportunity for argument, written and/or oral, in support of the petition before the Department. 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.

(e)   Within 90 days from receipt of the petition, the Department 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 Department shall notify the petitioner in writing, setting forth the reasons for denial.

(f)   Should any petition be granted by the Department, in whole or in part, the petition as granted shall thereafter be treated as in the case of all rulemaking and the procedures of the Administrative Procedures Act shall thereupon become applicable in the further adoption of such rule promulgation, amendment or repeal.

[Source: Amended at 31 Ok Reg 2084, eff 9-12-14]