Section 82-05-020. What information must I include in a petition?

(1) Every petition for adoption, repeal, or amendment of a rule must include the following:

(a) The name of the agency responsible for administering the rule, and

(b) The rationale for adoption of a new rule or amendment or repeal of an existing rule.

(c) In addition to any other concerns, you, the petitioner, are encouraged to address whether:

(i) The rule is authorized

(ii) The rule is needed

(iii) The rule conflicts with or duplicates other federal, state, or local laws

(iv) Alternatives to the rule exist that will serve the same purpose at less cost

(v) The rule applies differently to public and private entities

(vi) The rule serves the purposes for which it was adopted

(vii) The rule imposes unreasonable costs

(viii) The rule is clearly and simply stated, and

(ix) The rule differs, without adequate justification, from a federal law which applies to the same activity or subject matter.

(2)

The petition should contain sufficient information so that the agency and public can understand the proposal.

(3) You, the petitioner, can obtain a standard petition form from the office of financial management or any state agency involved in rule making. Agencies must accept petitions submitted using the standard form or in any other format that provides the information described in (1) or (2) of this section.

[Statutory Authority: 1995 c 403 § 703. WSR 96-03-048, § 82-05-020, filed 1/12/96, effective 2/12/96.]

1995 c 403 § 703. WSR 96-03-048, § 82-05-020, filed 1/12/96, effective 2/12/96.