Section 880-X-2A-.08 - Petitions To Initiate Rulemaking (Alabama Administrative Code)

§ 880-X-2A-.08. Petitions To Initiate Rulemaking

(1) A petition to initiate a proceeding for the issuance, amendment, or repeal of any regulation under the Act shall be in writing, signed by a minimum of 15 citizens of Alabama, and submitted to the State Regulatory Authority.

(2) The petition shall be a concise statement of the facts, technical justification, and law which require issuance, amendment, or repeal of regulation under the Act and shall indicate whether the petitioner desires a public hearing.

(3) Upon receipt of the petition, the State Regulatory Authority shall determine if the petition sets forth facts, technical justification and law which may provide a reasonable basis for issuance, amendment or repeal of a regulation. Facts, technical justification or law previously considered in a petition or rulemaking on the same issue shall not provide a reasonable basis. If the State Regulatory Authority determines that the petition has a reasonable basis, a notice shall be published in a newspaper of general circulation for the State of Alabama once a week for two consecutive weeks seeking comments from the public on the proposed change. The State Regulatory Authority may hold a public hearing, may conduct an investigation or take other action to determine whether the petition should be granted.

(4) Within 60 days from receipt of the petition, the State Regulatory Authority shall either:

(a) deny the petition in writing on the merits, stating the reasons for denial, or

(b) initiate rulemaking proceedings on the petition.

Author: Randall C. Johnson

(Filed May 20, 1982. Amended: Filed July 27, 1998; effective August 31, 1998; operative January 3, 1999.)

On December 4, 1998, the Office of Surface Mining approved this rulemaking adopted by the commission on July 16, 1998. The effective date of this rule will be January 3, 1999.

Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 72, 73, 74, 75, 76, 80, 85, 87, 90, 91, 92, 95.

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