Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 30 - Oil Shale Operations › Section 405 KAR 30:180 - Petitions for rulemaking

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.255,
				350.600
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				350.600 requires the Environmental and Public
				Protection Cabinet to develop administrative regulations for oil shale
				operations to minimize and prevent their adverse effects on the citizens and
				the environment of the Commonwealth. Such administrative regulations are to be
				based on sound scientific and engineering data and are to be reasonably
				necessary to protect the people and environment of the Commonwealth. This
				administrative regulation specifies how any person may petition the secretary
				of the cabinet to initiate rulemaking procedures. The administrative regulation
				sets forth petition requirements, time limits, and other aspects of the
				rulemaking petition process.
Section
			 1. Petitions for Rulemaking.
(1)
			 Any person may petition the secretary to initiate a proceeding for the
			 issuance, amendment, or repeal of any administrative regulation promulgated
			 pursuant to KRS Chapter 350. The cabinet will not accept a petition relating to
			 a administrative regulation that is in the process of being promulgated or
			 amended under the normal promulgation procedures of KRS Chapter 13 since the
			 petitioner is provided an opportunity to be heard under those procedures.
			 Similarly, the cabinet will not accept a petition on an emergency
			 administrative regulation where the cabinet is intending to or has initiated
			 the regular promulgation process under KRS Chapter 13.
(2) The person petitioning for a rulemaking
			 shall make his petition in writing and shall set forth the facts, technical
			 justification and law which support the petition. The facts and the technical
			 justification must be sufficient for the cabinet to make a decision as to the
			 merits of the petition within the time required below. Insufficient facts and
			 technical justification shall be grounds for denial of the petition. The
			 petition shall set forth the basis in law for the proposed rulemaking and shall
			 justify the proposal as being consistent with the cabinet's statutory
			 duties.
(3) Upon submission of a
			 petition, the petitioner shall publish notice of submission of the petition in
			 newspapers pursuant to KRS Chapter 424. The notice shall briefly identify the
			 subject of the petition, state that copies are on file for public review at the
			 Frankfort office of the cabinet, and state that any person may within fifteen
			 (15) days of publication of the notice request a public hearing on the petition
			 by written request to the cabinet. The notice shall also state that anyone
			 requesting a hearing will be informed by letter from the cabinet of the time
			 and place of the hearing.
(4) A
			 petition will not be deemed complete until the petitioner submits to the
			 cabinet a copy of the published notice and proof of publication of the notice
			 in the form of an affidavit from the publishers.
(5) The cabinet will hold the requested
			 public hearing within thirty (30) days of the filing of the complete petition.
			 The hearing shall be legislative in nature.
(6) The secretary shall render a final order
			 granting or denying the petition within thirty (30) days after the hearing or
			 within sixty (60) days of the filing of the complete petition if no hearing was
			 requested. The final order shall grant or deny the petition on the grounds that
			 there is or is not a reasonable basis for the petitioned rule change or that
			 such change is required or prohibited by law. The order shall be in writing and
			 shall explicitly set forth the reasons for the decision.
(7) If a petition is granted proposing the
			 issuance, amendment or repeal of administrative regulations which were the
			 subject of the petition, the secretary shall initiate a rulemaking proceeding
			 pursuant to KRS Chapter 13 within thirty (30) days of the final order granting
			 the petition.
(8) Any participant
			 in the petition proceedings may seek review of an order of the secretary
			 denying all or any portion of the action requested in a petition in the
			 Franklin County Circuit Court.