15.01.01.02

.02 Procedural Regulations — Promulgation of Regulations.

A. Unless otherwise designated by statute, these procedures will be followed with respect to the promulgation of all regulations.

B. Regulation Adoption and Declaratory Rulings.

(1) Secretary of the Department. The Secretary of Agriculture is responsible for adopting the regulations of the Department. He shall review, and approve, disapprove, or revise the regulations of all units within the jurisdiction of the Department.

(2) Adoption of Regulations. New, amended, revised, or repealed regulations shall be proposed and adopted on a regular or emergency basis, as prescribed by the State Documents Law and the Administrative Procedures Act.

(3) Petition for the Adoption of Regulations.

(a) Who May File. Any interested person may file a petition with the Secretary, requesting the promulgation, amendment, or repeal of any regulation.

(b) Form. The petition shall be in writing and shall contain a brief statement of the regulation, or reference to the regulation, amendment, or repeal which is sought, and a statement of any proposed amendment. The petition should contain a brief statement of reasons in support of the proposed regulation or change and shall contain the name, address, and telephone number of the petitioner.

(c) Submission, Consideration, and Disposition. The petition shall be filed with the Secretary for his consideration and disposition. The Secretary shall either deny the petition in writing, stating the reasons for his denial, or initiate appropriate regulation-making procedures according to his decision.

(4) Petition for Declaratory Ruling.

(a) Who May File. Any interested person may file with the Secretary a petition for a declaratory ruling with respect to the applicability to any person, corporation, property, or statement of facts of any statute or Departmental regulation pertaining to the Department's activities.

(b) Form. The petition shall:

(i) Be in writing:

(ii) Contain a detailed statement of the facts which are applicable to the regulation or statute in question;

(iii) Pose the question of whether, and in what manner, the stated regulation or statute applies to the facts contained in the petition;

(iv) Contain the name, address, and telephone number of the petitioner; and

(v) Contain a statement by the petitioner, under oath, that the facts contained in the petition are true to the best of his knowledge, information, and belief.

(c) Submission, Consideration, and Disposition. The petition shall be filed with the Secretary for his consideration and disposition. The Secretary shall consider the petition and may issue the declaratory ruling requested. The Secretary shall notify the petitioner in writing of whatever action he may decide to take, stating the reasons for his decision.

(5) The Secretary shall:

(a) Set the date and place of all hearings;

(b) Give notice as provided here;

(c) Preside at all hearings;

(d) Receive all views and data, either written or oral, pertaining to proposed action of the Department.