| (a) Not later than the 90th day after the postmark
date of a state agency's mailed proposed rule submission or the date
on which the division receives a state agency's hand delivered or
emailed proposed rule submission, the division shall issue a determination
letter approving or rejecting the proposed rule.
(b) The division shall include in the determination
letter an explanation of the division's reasons for approving or rejecting
the proposed rule, including a discussion of the division's determination
regarding the consistency of the proposed rule with applicable state
policy. If the division rejects a proposed rule, the division shall
include in the determination letter instructions for revising the
proposed rule to be consistent with applicable state policy. At its
discretion, the division may provide either precise or general instructions
for revising the proposed rule and must identify its instructions
as such.
(c) The division shall send the determination letter
to the state agency head, the presiding officer of the governing body
of the state agency, and, if different from the state agency head
or presiding officer, the agency staff or governing body member who
submitted the proposed rule to the division, and shall make the determination
letter available to the public on the division's website.
(d) A determination letter issued by the division is
not subject to appeal.
(e) The division may issue an addendum to a determination
letter approving or rejecting an amendment to the proposed rule provided
to the division under §5.206(c) of this subchapter. In issuing
an addendum, the division shall follow the procedures in subsections
(b) and (c) of this section and must issue the addendum not later
than the 30th day after the division's receipt of the amendment.
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