R15-2. Public Petitioning for Rulemaking.

R15-2-1. Authority.
R15-2-2. Definitions.
R15-2-3. Petition Procedure.
R15-2-4. Petition Form.
R15-2-5. Petition Consideration And Disposition.

R15-2-1. Authority.

As required by Subsection 63-46a-12(2), this rule prescribes the form and procedures for submission, consideration, and disposition of petitions requesting the making, amendment, or repeal of an administrative rule.

R15-2-2. Definitions.

(1) Terms used in this rule are defined in Section 63-46a-2.

(2) In addition, "rule change" means:

(a) making a new rule;

(b) amending, repealing, or repealing and reenacting an existing rule;

(c) amending a proposed rule further by filing a change in proposed rule under the provisions of Section 63-46a-6;

(d) allowing a proposed (new, amended, repealed, or repealed and reenacted) rule or change in proposed rule to lapse; or

(e) any combination of the above.

R15-2-3. Petition Procedure.

(1) The petition shall be addressed and delivered to the head of the agency authorized by law to make the rule change requested.

(2) The agency receiving the petition shall stamp the petition with the date of receipt.

R15-2-4. Petition Form.

The petition shall:

(a) be clearly designated "petition for a rule change";

(b) state the approximate wording of the requested rule change;

(c) describe the reason for the rule change;

(d) include an address and telephone where the petitioner can be reached during regular work days; and

(e) be signed by the petitioner.

R15-2-5. Petition Consideration And Disposition.

(1) The agency head or designee shall:

(a) review and consider the petition;

(b) write a response to the petition stating:

(i) that the petition is denied and reasons for denial, or

(ii) the date when the agency is initiating a rule change consistent with the intent of the petition; and

(c) send the response to the petitioner within 30 days of receipt of the petition.

(2) The petitioned agency may interview the petitioner, hold a public hearing on the petition, or take any action the agency, in its judgement, deems necessary to provide the petition due consideration.

(3) The agency shall retain the petition and a copy of the agency's response as part of the administrative record.

(4) The agency shall mail copies of its decision to all persons who petitioned for a rule change.


KEY: administrative law

Date of Enactment or Last Substantive Amendment: June 1, 1996

Notice of Continuation: October 16, 2000

Authorizing, and Implemented or Interpreted Law: 63-46a-12