Section 351.13.4. Board consideration.


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  •        13.4(1) Procedure. Within 30 days after the filing of a petition or within 5 days following a regular meeting of the board at which the petition has been received and discussed, whichever is earlier, the board must submit a copy of the petition and any accompanying brief to the administrative rules coordinator and to the administrative rules review committee. Upon request by the petitioner in the petition, the board must schedule a brief and informal meeting between the petitioner and the board, a member of the board, or a member of the staff of the board to discuss the petition. The board may request the petitioner to submit additional information or argument concerning the petition. The board may also solicit comments from any person on the substance of the petition. Any person may submit comments on the substance of the petition.

           13.4(2) Board response. Within 90 days after the filing of the petition, or within any longer period agreed to by the petitioner, the board must either deny the petition or grant the petition. A notice of denial shall contain the specific reasons for the board’s decision. Petitioner shall be deemed notified of the denial or granting of the petition on the date when the board mails or delivers the required notification to petitioner.

           13.4(3) Refiling petition. Denial of a petition because it does not substantially provide the required information in rule 351—13.1(68B) does not preclude the filing of a new petition on the same subject that seeks to eliminate the grounds for the board’s denial of the petition.