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TITLE 22EXAMINING BOARDS
PART 15TEXAS STATE BOARD OF PHARMACY
CHAPTER 281ADMINISTRATIVE PRACTICE AND PROCEDURES
SUBCHAPTER AGENERAL PROVISIONS
RULE §281.5Initiating Proceedings Before the Board

(a) Rules. Any interested person may petition the board requesting the adoption of a rule. Petitions shall be sent to the executive director/secretary. Within 60 days after the submission of a petition, the board shall either deny the petition in writing, stating the reasons for the denial, or shall initiate rulemaking proceedings. Petitions shall be deemed sufficient if they contain:

  (1) the exact wording of the new, changed, or amended proposed rule;

  (2) specific reference to the existing rule which is proposed to be changed or amended in the case of a changed or amended rule; and

  (3) a justification for the proposed action set out in narrative form with sufficient particularity to inform the board and any other interested party of the reasons and arguments on which the petitioner is relying.

(b) Other. In any other matter, any person desiring that the board perform some official act permitted or required by law shall request such performance in writing. Such requests shall be directed to the executive director/secretary of the board. Any written request shall be deemed sufficient to initiate the proceedings and present the subject matter to the board for its official determination if the request reasonably gives notice to the board of the act desired. The board may also initiate proceedings on its own motion.


Source Note: The provisions of this §281.5 adopted to be effective December 30, 1998, 23 TexReg 13073; amended to be effective March 25, 2007, 32 TexReg 1507

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