40 Tex. Admin. Code § 363.2 - Petition for the Adoption of a Rule
(a) In accordance with Texas Government Code,
§
2001.021, an
interested person may petition the Board for the adoption of a rule. In this
section, "interested person" has the meaning as defined in Texas Government
Code, §
2001.021.
(b) The petition must be submitted to the
Board and must contain the name and contact information of the interested
person and affiliation or organization if any; a description of the rule and
the reason for it; the section numbers and titles from the Texas Board of
Occupational Therapy Examiners Rules of the rule sections affected if
applicable; and the proposed rule text with any added language underlined and
any deleted language bracketed. The petition must include a statement of the
statutory authority under which the rule is to be adopted and a statement
regarding the public benefits anticipated as a result of adopting the rule or
the anticipated injury or inequity that could result from the failure to adopt
the proposed rule. The petition must be dated and signed by the interested
person.
(c) The Board shall
evaluate the merits of the proposal.
(d) In accordance with Texas Government Code,
§
2001.021, the Board
shall respond to the petitioner within 60 days of receipt of the petition. The
response shall:
(1) advise that rulemaking
proceedings will be initiated; or
(2) deny the petition, stating the reasons
for its denial.
(e) If
the Board initiates rulemaking procedures in response to a petition, the rule
text that the Board proposes may differ from the rule text proposed by the
petitioner.
(f) Initial petitions
for the adoption of a rule shall be presented to and decided by the Board in
accordance with the provisions of this section. The Board may refuse to
consider any subsequent petition from the same interested person for the
adoption of the same or a similar rule submitted within twelve months after the
date of the Board's rejection of the initial petition.
Notes
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