Sec.22a-3a-3. Regulation-making

(a) Advance notice of regulation-making

Any person may request that the Department provide advance notice by mail of regulation-making proceedings. A request for advance notice shall be for either (1) all regulation-makings initiated by the Department or (2) all regulation makings initiated by a particular Bureau of the Department. The fee for provision of advance notice of all Department regulation-makings shall be $50.00 per person per calendar year or part thereof, and the fee for provision of advance notice of all regulation-makings of a particular Bureau shall be $25.00 per person per calendar year or part thereof. A request for advance notice shall be accompanied by a check or money order for such amount payable to the Department of Environmental Protection, provided that the fee shall be waived when (1) the person making the request is an indigent individual or (2) in the Commissioner's judgment, the request is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the Department and is not primarily in the commercial interest of the requester. A request for advance notice shall be made in writing and directed to the Director of Education and Publications in the Department's Bureau of Environmental Services. A request for advance notice shall be effective only for the calendar year in which it is made and shall expire on December 31.

(b) Regulation-making record

The regulation-making record shall contain, though it need not be limited to, the items referred to in section 4-168b of the General Statutes.

(c) Petitions for regulation-making

Any person may, pursuant to section 4-174 of the General Statutes, petition the Commissioner in writing to adopt, amend, or repeal a regulation. The petition shall set forth the text of a proposed regulation or amendment and shall state with particularity the reasons for the petition. The petition shall be signed by the petitioner or by his attorney or other representative, if any, and shall contain the address and telephone number of the petitioner and of his attorney or other representative, if any. The petition shall be directed to the Commissioner and shall be delivered personally or by mail.

(d) Procedures for regulation-making

(1) Notice of intent to adopt, amend, or repeal a regulation shall be provided in accordance with sections 4-168 and 22a-6 of the General Statutes and any other applicable law. The Commissioner may provide any additional notice which he deems appropriate.

(2) If a hearing is held in a regulation-making, the hearing officer shall conduct the hearing so as to afford any interested person a reasonable opportunity to present oral or written comments. Any person who presents oral comments shall provide his name and address to the hearing officer. The hearing officer may exclude irrelevant and unduly repetitious comments, and may limit oral comments to a reasonable time period so that all those present may be heard. The hearing officer may question or request further information from any commenter.

(3) Whether or not a hearing is held, any person may file written comments on a proposed regulation. Written comments shall be filed within the time allowed in the notice published pursuant to subdivision (1) of this subsection or such additional time as may be allowed by the hearing officer. Written comments shall include the name, address, and telephone number of the commenter and his attorney or other representative, if any.

(4) Any person who does not comment orally or in writing but who wishes to receive notice pursuant to section 4-168 (d) of the General Statutes of the Department's action on the proposed regulation may file a written request for such notice with the hearing officer, including in the request his name and address.

(5) Following the submission of any timely oral and written comments, the Department shall prepare (A) the final wording of the proposed regulation, (B) a statement of the principal reasons in support of the Department's intended action, (C) a statement of the principal considerations raised in opposition to the Department's intended action in written and oral comments and the reasons for rejecting such considerations, and (D) a revised fiscal note, as necessary.

(6) The Department shall give notice as required by subsection (d) of section 4-168 of the General Statutes and proceed in accordance with sections 4-169 through 4-173 of the General Statutes.

(Effective June 19, 1992)