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RULE §111.22Petition for Adoption of Rules

(a) Any interested person or organization may petition the Commission requesting the adoption or amendment of a rule.

(b) For the purpose of interpreting this section, the term "rule" shall have the same meaning as contained in Texas Government Code, Chapter 2001, §2001.003.

(c) Petitions for adoption of rules must be submitted in writing and directed to the Commission's Executive Director.

(d) The petitioner may either hand deliver the petition to the Commission's central office at 1711 San Jacinto Boulevard, Austin, Texas, 78701, or mail the petition to P.O. Box 13047, Austin, Texas 78711-3047.

(e) For purposes of calculating days under this section, the date of submission of a petition under this section shall be the date the petition is hand delivered to the Commission, or if the petition was sent by mail or carrier, the date it is date-stamped according to regular agency incoming mail procedures.

(f) The petition must include the following minimum requirements:

  (1) specify or otherwise make clear that the petition is made pursuant to the provisions of the Administrative Procedure Act;

  (2) clearly state the body or substance of the rule requested for adoption, and, if appropriate, relate the requested rule to an adopted rule or rules of the Commission;

  (3) contain the full name and address of the petitioner; and

  (4) be signed by the petitioner.

(g) The Executive Director or the Executive Director's designee, shall:

  (1) acknowledge receipt of the petition in writing and include in the letter the date the petition was received; and

  (2) communicate with the petitioner, if necessary, to clarify the requested rule or to clarify other relevant information contained in the petition.

(h) Not later than the 60th day after the date of submission of a petition under this section, the Executive Director shall either:

  (1) deny the petition in writing, stating the reasons for the denial; or

  (2) initiate rulemaking procedures and inform the petitioner of the date rule action by the Commission is scheduled pursuant to Texas Government Code, Title 10, Chapter 2001.

(i) The Executive Director shall provide copies of all petitions, whether denied or approved, to the Commissioners prior to scheduled Commission meetings for review.

Source Note: The provisions of this §111.22 adopted to be effective August 7, 2008, 33 TexReg 6129

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