350.255 Petition for initiation of proceeding for issuance, amendment or repeal of a
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/ky/350-255A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
regulation -- Notice -- Hearing -- Order -- Judicial review. Any person may petition the secretary of the Energy and Environment Cabinet to initiate a proceeding for the issuance, amendment, or repeal of any regulation under this chapter.
(1)Notice and an opportunity shall be provided for the petitioner and any person
wishing to participate to be heard at a public hearing within thirty
(30)days
following the filing of the petition on the facts, technical justification, and law
alleged in the petition.
(2)The secretary shall render a final order in writing within thirty
(30)days after the
hearing granting or denying the petition on grounds that there is a reasonable basis
for the petitioned rule change, or is not, or that it is required or prohibited by law
and setting forth the reasons for the decision.
(3)The secretary shall initiate a rulemaking proceeding pursuant to KRS Chapter 13A
within thirty
(30)days after a petition is granted proposing the issuance,
amendment, or repeal of the petitioned regulations in conformity with the final
order.
(4)Any participant in the petition proceedings may seek review in the Circuit Court of
Franklin County of a final order of the secretary denying all or any portion of the
action requested in a petition.