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