Ohio Admin. Code 1501:13-1-08 - Petitions to initiate rule making
(A) Any person may petition the chief to
initiate a proceeding for the issuance, amendment, or repeal of any rule under
Chapter 1513. of the Revised Code. The petition shall be submitted to the chief
at the address of "Division of Mineral Resources Management, Ohio Department of
Natural Resources, 2045 Morse Road, Building H-3, Columbus, Ohio 43229."
(B) The petition shall be a concise statement
of the facts, technical justification, and law which require issuance,
amendment, or repeal of a rule under Chapter 1513. of the Revised Code and
shall indicate whether the petitioner desires a public hearing.
(C) Upon receipt of the petition, the chief
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
rule. Facts, technical justification, or law previously considered in a
petition or rule making on the same issue shall not provide a reasonable basis.
If the chief determines that the petition has a reasonable basis, a notice
shall be published one time in three newspapers published in different counties
and of general circulation in the state seeking comments from the public on the
proposed change. The chief may hold a public hearing, may conduct an
investigation or take other action to determine whether the petition should be
granted.
(D) Within ninety days
from receipt of the petition, the chief shall issue a written decision either
granting or denying the petition.
(1) If the
petition is granted, the chief shall initiate a rule making proceeding under
Chapter 119. of the Revised Code.
(2) If the petition is denied, the chief
shall notify the petitioner in writing, setting forth the reasons for
denial.
Notes
Promulgated Under: 119.03
Statutory Authority: 1513.02
Rule Amplifies: 1513.02
Prior Effective Dates: 8/28/78, 8/16/82 (Emer.), 10/27/82, 10/16/97, 4/15/04, 10/28/10
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