11 Miss. Code R. § 8-2.1-1-109

Current through December 10, 2024
Section 11-8-2.1-1-109 - Petitions to Initiate Rulemaking
(a) Any person may petition the Commission to initiate a proceeding for the issuance, amendment or repeal of any regulation under the act. The petition shall be submitted to the State Geologist.
(b) The petition shall be a concise statement of facts, technical justification and the law which require issuance, amendment or repeal of a regulation under the act and shall indicate whether the petitioner desires a public hearing.
(c) Upon receipt of the petition, the Commission shall determine if the petition sets forth facts, technical justification or law which may provide a reasonable basis for issuance, amendment or repeal of a regulation. Facts, technical justification or law previously considered in a petition or rulemaking on the same issue shall not provide a reasonable basis. If the Commission determines that the petition has a reasonable basis, a notice shall be published seeking comments from the public on the proposed change. The Commission may hold a public hearing, may conduct an investigation or take other action to determine whether the petition should be granted.
(d) Within 90 days from receipt of the petition, the Commission shall issue a written decision either granting or denying the petition.
1. If the petition is granted, the Commission shall initiate a rulemaking proceeding in accordance with Mississippi law.
2. If the petition is denied, the Commission shall notify the petitioner in writing, setting forth the reasons for denial.
(e) The petitioners may request a formal hearing on the Commission's denial of the petition pursuant to § 53-9-77.

11 Miss. Code. R. § 8-2.1-1-109