28 Tex. Admin. Code § 1.202 - Public Proposals or Petitions for Rule Making

(a) Scope of Sections. The procedures for public petitions for all rule making, including rule making under Government Code, § 2001.021, and the Insurance Code, Articles 5.96(b) and 5.97(b), shall be governed by the provisions of these sections to the extent not governed by statute.

(b) Filing of Petition and Duties of Chief Clerk. Petitions for rule making from interested persons shall be submitted to the Office of the Chief Clerk. Once the petition has been submitted, the Office of the Chief Clerk will take the actions described in paragraphs (1)-(3) of this subsection, as follows:

(1) assign a reference number to the petition and add it to the list of rule proposals pending before the department;

(2) provide a copy to the appropriate department staff for review and response; and

(3) notify the petitioner of the name, address and telephone number of the staff person reviewing the proposal and designated as contact person for inquiries, as well as the reference number assigned to the petition.

(c) Staff Response. The Department staff shall provide its analysis and recommendation on the proposal, through the appropriate associate commissioner, to the commissioner in Texas Register form.

(d) Action by the Office of the Chief Clerk. Unless staff's recommendation is substantively identical to the petitioner's recommendation or the petitioner has agreed to staff's changes, the Chief Clerk's Office shall complete items in paragraphs (1) and (2) of this subsection, as follows:

(1) provide a copy of the recommended proposal in Texas Register form to the petitioner, and provide the petitioner ten business days to file a written response to the recommended proposal; and

(2) after the petitioner files a response or the time for filing has expired, provide the commissioner with the original petition, the department staff's proposal in Texas Register form, the petitioner's response (if any), and any additional written comments from the public addressing the proposal.

(e) Commissioner Action. Action on the petition seeking to initiate a rule making proceeding is in the sole discretion of the commissioner; staff's recommendations are not binding on the commissioner. The commissioner may act on the petition without a hearing. After review and consideration the commissioner shall take one of the actions set out in paragraphs (1)-(3) of this subsection. In all cases, the Office of the Chief Clerk shall provide to the petitioner a copy of the commissioner's order and/or notice of proposed rule filed with the Texas Register.

(1) Instruct the Office of the Chief Clerk to submit the proposed rule as recommended by the petitioner to the Texas Register for publication.

(2) Instruct the Office of the Chief Clerk to submit the commissioner's proposed rule to the Texas Register for publication and issue an order stating the reasons the petition was denied in part if the published version of the rule is substantially different from the petitioner's recommendation.

(3) Issue an order disapproving the petition and stating the reasons for denial. The Office of the Chief Clerk shall inform the petitioner of the right to request that the commissioner reconsider the decision and that the petitioner's request may either be in writing or at the open forum portion of a regularly scheduled commissioner meeting.

Notes

28 Tex. Admin. Code § 1.202

The provisions of this §1.202 adopted to be effective September 27, 1994, 19 TexReg 7179.