SECTION 785:1-5-4. Petition requesting promulgation, amendment or repeal of a rule or Standard by others

(a)   Any interested person may petition the Board requesting the promulgation, amendment, or repeal of a Board rule or water quality standard, 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 person submitting such petition and must include a statement reflecting the interest of the person 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 promulgation of a new rule or standard, for the amendment of an existing rule or standard or for the repeal of an existing rule or standard, or, separately, any combination of the above. In the instance of a requested amendment to an existing rule(s) or standard(s), a complete text of the existing rule(s) or standard(s) requested for amendment must be submitted reflecting the existing rule(s) or standard(s) language requested for change or deletion and/or such language as may be added. In the instance of a requested repeal of any rule(s) or standard(s), the petition must state the complete rule(s) or standard(s) requested for repeal.

(4)   All petitions must clearly and separately state the submitted basis, reason, ground or justification for each requested rule promulgation, amendment or repeal. Any and all supporting documents, records, statistics, studies or information must be submitted with the petition, and, the legal authority for such requested action, where deemed necessary or appropriate, shall be submitted by the petitioning person unless otherwise ordered by the hearing examiner.

(5)   All petitions must be duly signed and endorsed by all petitioning persons, 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 Board rule or standard, as herein provided, shall be referred to a hearing examiner for review and consideration. The hearing examiner shall initially determine if the submitted petition is in adequate and proper form pursuant to (a) of this Section. If determined to be in proper and adequate form, the hearing examiner shall thereupon make a recommendation whether the petition should be granted or denied, in whole or in part. Before making any such recommendation, the requesting person shall be allowed reasonable opportunity to submit to the hearing examiner argument, written and/or oral, in support of the petition. In making its recommendation on the petition, the hearing examiner may, in his or her discretion, refer the request to staff for additional review, consideration and comment prior to a recommendation thereon by the hearing examiner.

(c)   The written recommendations of the hearing examiner shall be submitted to the Board for its consideration. No further argument on the petition shall be allowed unless otherwise determined by the Board.

(d)   Should any petition be granted by the Board, in whole or in part, the petition as granted shall separately or in conjunction with other amendments proposed by the Board become subject of proceedings under the APA and other applicable laws for the adoption of such rule or standard promulgation, amendment or repeal. A determination by the Board to grant a petition shall not be binding on the Board in considering the adoption of the rule or standard subject of the petition.

[Source: Amended at 9 Ok Reg 1669, eff 5-11-92]