§ 700.12. Petitions to initiate rulemaking.
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/us/cfr/t30/s§ 700.12·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Any person may petition the Director to initiate a proceeding for the issuance, amendment, or repeal of any regulation under the Act. The petition shall be submitted to the Office of the Director, Office of Surface Mining Reclamation and Enforcement, Department of the Interior, Washington, DC 20240.
(b)The petition shall be a concise statement of the facts, technical justification, and 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 Director shall determine if the petition sets forth facts, technical justification and 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 Director determines that the petition has a reasonable basis, a notice shall be published in the Federal Register seeking comments from the public on the proposed change. The Director 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 Director shall issue a written decision either granting or denying the petition. The Director's decision shall constitute the final decision for the Department.
(1)If the petition is granted, the Director shall initiate a rulemaking proceeding.
(2)If the petition is denied, the Director shall notify the petitioner in writing, setting forth the reasons for denial.
Connections21 cite this
Cited by 21 sections · top 11
register
- Rules and RegulationsFinal rule; approval of amendment
- Rules and RegulationsFinal rule; approval of amendment
- Proposed RulesProposed rule; withdrawal
- Rules and RegulationsFinal rule
- NoticesDirect final rule; confirmation of effective date
- NoticesDecision on petition for rulemaking
- Proposed RulesNotice of availability of petition to initiate rulemaking and request for comments on the petition
- Proposed RulesNotice; availability of petition to initiate rulemaking and request for comments on the petition
- NoticesDecision on petition for rulemaking
- Rules and RegulationsFinal rule; approval of amendment
- Proposed RulesPetition for rulemaking
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§ 700.12
Petitions to initiate rulemaking.
Fed. Reg.×21
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