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(a)This subsection outlines the board's procedures for submitting, considering, and disposing of a petition to the board to adopt or change a rule. (1)Any person may petition the board to adopt or change a rule. The petition, which must be in writing and shall be filed with the board office, shall state the petitioner's name, address, and phone number, and shall include a brief justification and explanation of the proposed rule; the proposed text of the rule, indicating the words to be added or deleted from the current text; the statutory or other authority under which the rule is to be promulgated; and the public benefit that adopting the proposed rule would create, or the anticipated injury or inequality which would result if the proposed rule is not adopted. (2)The board office may determine the petition does not contain existing information described in this subsection and shall return the petition to the petitioner. (3)Except as otherwise provided in this subsection, the executive director shall submit a completed petition to the board for consideration. (4)At the first full board meeting after receiving the petition, the board shall either deny the petition or institute rulemaking procedures in accordance with the APA, the Government Code, Chapter 2001. If the board denies the petition, the board will explain to the petitioner, in writing, why the board denied. If the board initiates rulemaking procedures, the board may alter the wording of the rule from the petitioner's version. (b)The board will consider and act on all petitions for rule adoption or changes in accordance with this section. If the board considered and acted on a proposed rule change within the previous six months, the board may decline to consider a subsequent petition for the same rule adoption.
This agency hereby certifies that the adoption has
been reviewed by legal counsel and found to be a valid exercise of
the agency's legal authority.
Filed
with the Office of the
Secretary of State on January 7, 2011
TRD-201100054 Timothy Brown
Chair
Texas State Board of Social Worker Examiners
Effective date: January 27, 2011
Proposal publication date: August 6, 2010
For further information, please call: (512) 458-7111 x6972
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