(a) When the agency receives a rulemaking petition,
the agency shall review it for compliance with the requirements of §9.82
of this title (relating to Petitions To Initiate Rulemaking). If the
petition is determined to comply, the agency shall notify the applicant
that it has been accepted for filing and the petition will be processed
in accord with Government Code, §2001.021(c). If the petition
is determined not to comply, the agency shall notify the applicant
in writing of all deficiencies found and give the petitioner an opportunity
to cure them by filing an amended petition. If no amended petition
curing the deficiencies is filed with the agency by 5:00 p.m. on the
15th day following the date that the agency mailed a notice of deficiencies
to the applicant, the petition shall be deemed denied for the reasons
stated in the deficiency notice without the necessity of further action.
(b) If a petition is accepted for filing, within 60
days of the date that the petition was accepted for filing, the agency
must either deny the petition for reasons stated in writing or initiate
a rulemaking proceeding.
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