SECTION 1.7. Petition for the Adoption of Rules

(a) An interested person by petition to the agency may request the adoption, amendment, or repeal of a rule.

(b) A petition under this section shall be in writing and shall contain:

(1) a specific reference to the agency's statutory authority to enact such a rule;

(2) the chapter and subchapter of the agency's rules in which, in the petitioner's opinion, the rule belongs;

(3) the reason that the petitioner believes the proposed rule is needed or desirable, in narrative form, with sufficient particularity to inform the board and any interested party fully of the facts upon which petitioner relies;

(4) the language that the petitioner proposes for adoption, in the exact form in which the petitioner wishes the rule or rules to be promulgated, published, or adopted;

(5) the petitioner's name, address, phone number, and signature. If the petitioner is represented by an attorney, the attorney shall give his or her bar card number, address, phone number, and fax number.

(c) The petition shall be served upon the Commissioner by personal delivery or by certified mail, with return receipt requested, or by other verifiable delivery service. A certificate evidencing service shall be included in the petition.

(d) Upon receipt of the petition for adoption of rule, the petition shall be referred to the agency's General Counsel for a determination whether the prerequisites found herein have been met.

(1) If the General Counsel finds that the petition prerequisites have been met, he or she shall refer the matter to the ADR coordinator for scheduling and reporting purposes, and to the Assistant Commissioner whose Division has jurisdiction over the subject matter of the proposed rule or rules for response. Not later than the 60th day after the date of submission of a petition under this section, the Assistant Commissioner to whom the matter was assigned shall:

(A) either:

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

(ii) initiate a rulemaking proceeding under this subchapter; and

(B) report the determination to the ADR coordinator.

(2) If the General Counsel finds that prerequisites have not been met, he or she shall notify the petitioner in writing that the petition fails to meet the prerequisites herein, and the manner in which it failed.

Source Note: The provisions of this §1.7 adopted to be effective February 26, 2004, 29 TexReg 1658