§ 4-04 Procedures for Responding to Petitions.
(a) Upon receipt of a petition in proper form, the Executive Director shall promptly forward it to the Board.
(b) Within 60 days from the date a petition is received by the office of the Executive Director, the Chair shall either state in writing the Board's intention to initiate rulemaking by a specified date, or shall deny the petition in writing, stating the reasons for denial.
(1) Whenever the Chair decides to initiate rulemaking, the petition shall be made part of the record of the Board meeting at which rulemaking is initiated. In proceeding with rulemaking, the Board shall not be bound by the language proposed by the petitioner, but may amend or modify such proposed language at the Board's discretion. Neither shall the Board be bound to enact the substance of a petition for which the Chair has decided to initiate rulemaking.
(2) Whenever the Chair intends to deny a petition, the proposed denial and the reasons therefore shall be promptly provided to the members of the Board. Should a member object to the proposed denial of the petition within 10 days of receiving notice of the Chair's intention to deny, the petition shall be placed before the full Board for consideration as to whether the petition should be denied or the Board should proceed to rulemaking.
(c) The Chair's decision to initiate rulemaking, or to deny a petition in the absence of a member's timely objection, or a decision by the Board to initiate rulemaking or deny a petition, shall be a final decision which is not subject to judicial review.
