(a) Petitions to initiate rulemaking proceeding pursuant
to Government Code, §2001.021, must be submitted to the Department
in writing. A petition must include:
(1) a brief explanation of the proposed rule;
(2) the full text of the proposed rule, and, if the
petition is to amend an existing rule, the text of the rule that clearly
identifies any words to be added or deleted from the existing text
by underlining new language and striking through language to be deleted;
and
(3) a concise explanation of the legal authority to
adopt the proposed rule, including a specific reference to the particular
statute or other authority that authorizes it.
(b) When the Department receives a rulemaking petition,
the Department shall review it for compliance with the requirements
of subsection (a) of this section. If the petition is determined to
comply, the Department shall notify the applicant that the petition
has been accepted for filing and will be processed in accordance with
Government Code, §2001.021(c). If it is determined the petition
does not comply with subsection (a), the Department 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 Department by 5:00
p.m. on the 15th calendar day following the date that the Department
mailed a notice of deficiencies to the petitioner, the petition shall
be deemed denied for the reasons stated in the deficiency notice without
the necessity of further action.
(c) If the petition is accepted for filing, within
60 days of the date that a petition is accepted for filing, the Department
must either deny the petition for reasons stated in writing or initiate
a rulemaking proceeding.
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