| (a) The following words and terms, when used in this
section, shall have the following meanings, unless the context clearly
indicates otherwise.
(1) Person--Any individual, partnership, corporation,
association, governmental subdivision, or public or private organization
of any character other than an agency.
(2) Rule--Any Commission statement of general applicability
that implements, interprets, or explains any statute, law, or policy
related to the death care industry or describes the procedure or practice
requirements of the Commission. The term includes the amendment or
repeal of a prior rule. It does not include statements concerning
only the internal management or organization of the Commission not
affecting private rights or procedures.
(b) Any interested person may submit a petition to
the Commission requesting the adoption, amendment, or repeal of a
rule. Petitions will be deemed submitted only when actually received
in printed form by the Executive Director or his/her designee.
(c) Each petition will clearly state:
(1) the proposed rule(s), including the specific language
recommended;
(2) a brief explanation of the proposed rule;
(3) the statutory or other authority under which the
rule is proposed to be promulgated, including a concise explanation
of the particular statute or other provisions under which the rule
is proposed;
(4) the rationale or justification for the adoption,
amendment, or repeal of the rule, including the public benefit to
be expected.
(d) If the petition cannot be placed on the next regularly
scheduled Commission agenda within 60 days after receiving the petition,
the Executive Director shall automatically deny the petition and notify
the petitioner of the denial. A petitioner may waive the 60 day response
period in writing.
(e) When a petition is received that meets the requirements
of subsection (c) of this section and is not automatically denied
under subsection (d) of this section, the Executive Director will
forward the petition to the Presiding Officer of the Commission who
will either assign the task to staff or an appropriate group of interested
persons to study the petition and make a recommendation to the Commissioners.
(f) The Commissioners will consider the submission
of a petition and may either deny the petition or instruct the Executive
Director to initiate rulemaking proceedings in accordance with the
Administrative Procedure and Texas Register Act.
(g) In the event a petition is denied, the Executive
Director will advise the interested person who submitted the petition
in writing of the denial and will state the reason for the denial
by the Commissioners.
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