What information must I include in a petition?
(1) Every petition for adoption, repeal, or amendment of a rule must include the following:
(a) The name of the agency responsible for administering the rule, and
(b) The rationale for adoption of a new rule or amendment or repeal of an existing rule.
(c) In addition to any other concerns, you, the petitioner, are encouraged to address whether:
(i) The rule is authorized
(ii) The rule is needed
(iii) The rule conflicts with or duplicates other federal, state, or local laws
(iv) Alternatives to the rule exist that will serve the same purpose at less cost
(v) The rule applies differently to public and private entities
(vi) The rule serves the purposes for which it was adopted
(vii) The rule imposes unreasonable costs
(viii) The rule is clearly and simply stated, and
(ix) The rule differs, without adequate justification, from a federal law which applies to the same activity or subject matter.
When you are:
Petition should include:
Proposing a new rule
Text of proposed rule or description of its provisions
Requesting amendment of existing agency rule
Name, title, number of rule, and text or description of amendment
Requesting repeal of existing agency rule
Name, title, number of rule, and description of effects of repeal
The petition should contain sufficient information so that the agency and public can understand the proposal.
(3) You, the petitioner, can obtain a standard petition form from the office of financial management or any state agency involved in rule making. Agencies must accept petitions submitted using the standard form or in any other format that provides the information described in (1) or (2) of this section.
[Statutory Authority: 1995 c 403 § 703. WSR 96-03-048, § 82-05-020, filed 1/12/96, effective 2/12/96.]