Kan. Admin. Regs. § 47-1-8 - Petitions to initiate rulemaking
(a) Any person may
petition the secretary to initiate a proceeding for the issuance, amendment, or
repeal of any regulation under the state act. Each petition shall be submitted
to the chief of the surface mining section.
(b) Each petition shall contain a concise
statement of the facts, technical justification, and law that requires
issuance, amendment, or repeal of a regulation and shall indicate whether or
not the petitioner desires a public hearing.
(c) The secretary or the secretary's designee
shall determine whether or not the petition sets forth facts, technical
justification, and law that provides a reasonable basis for conducting a
hearing to consider issuance, amendment, or repeal of a regulation. Facts,
technical justification, or law previously considered in a petition or in
rulemaking on the same issue shall not provide a reasonable basis.
(d) If the secretary or secretary's designee
determines that the petition has a reasonable basis, a notice shall be
published seeking comments from the public on the proposed change. A public
hearing, an investigation, or other necessary action may be taken by the
secretary or secretary's designee to determine whether or not the petition
should be granted.
(e) A written
decision either granting or denying the petition shall be issued by the
secretary or secretary's designee within 90 days after its receipt by the
surface mining section.
(1) If the petition
is granted, the rulemaking process shall be initiated by the secretary.
(2) If the petition is denied, the
petitioner shall be notified in writing by the secretary, setting forth the
reasons for denial.
Notes
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