SECTION 91.38. How to Withdraw a Proposed or Emergency Rule

(a) Complete a Withdrawn Rulemaking form. Access the form on the Texas Register web site under the link "For Liaisons Only" using the User Name and Password described in §91.3(b) of this title (relating to Liaison and Certifying Official). Submit the form either:

(1) electronically over the web; or

(2) by fax to the Texas Register office.

(b) You may submit a preamble explaining why the rule is withdrawn, but it is not required. If you submit a preamble, save it in "Text Only (*.txt)" format. Name files using the month and date of submission followed by a decimal point and the agency code assigned by the Texas Register. If you submit more than one file on the same day, insert a letter in sequence after the date and before the decimal point. For example: The file name 0715.004 indicates that a file was sent on July 15 by the Office of the Secretary of State while the names 0715a.004 and 0715b.004 indicate a second and third file were sent on the same day. If you are using e-mail, include the file name in the subject line. You may submit more than one rulemaking document in an electronic file. Submit the file using either e-mail or ftp (file transfer protocol).

(c) The withdrawal takes effect immediately upon filing or at a later date stated on the form.

(d) If an agency fails to adopt or withdraw a proposed rulemaking action within six months, the Texas Register will publish a notice of automatic withdrawal. (Also see §91.36(a) of the title (relating to How to File Adopted Rules).)

Source Note: The provisions of this §91.38 adopted to be effective March 23, 2003, 28 TexReg 2303