Sec.3-77-21. Petition requesting the promulgation, amendment or repeal of regulations  


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  • (a) Any interested person may at any time petition the Secretary of the State requesting the promulgation, amendment or repeal of a regulation.

    (b) The petition shall be in writing and hand delivered or submitted by mail to the Secretary of the State during normal business hours. In addition, the petition shall set forth clearly and concisely the text of the proposed regulation or amendment or the provisions sought to be repealed. The petition shall also state the facts and arguments on which the petitioner relies either in the petition or in a brief annexed thereto.

    (c) The petition shall be signed by the petitioner or the petitioner's attorney of record, if any.

    (d) The petition shall include the name, address, and telephone number of the petitioner or the petitioner's attorney to whom all correspondence and/or communications in regard to the petition shall be addressed.

    (e) Upon receipt of the petition, the Secretary of State shall within thirty (30) days determine whether to deny the petition or to initiate regulation making proceedings in accordance with law.

    (f) If the Secretary of the State denies the petition, the Secretary of the State shall give the petitioner, or petitioner's attorney, notice in writing, stating the reasons for the denial.

(Effective September 26, 1988)