58 Pa. Code § 51.6 - Petitions or requests for regulations
(a)
Form. Petitions or
requests for regulations addressed to the Commission shall be submitted in the
format set forth in 1 Pa. Code §
35.18 (relating to petitions for
issuance, amendment, waiver or deletion of regulations).
(b)
Initial staff review.
(1) The staff will review every petition for
regulations to ensure that:
(i) It is
complete as required by 1 Pa. Code § 35.18.
(ii) The petition requests an action within
the authority or jurisdiction of the Commission.
(iii) The petition does not conflict with
applicable Commonwealth or Federal law.
(2) If the staff determines the petition is
not acceptable for one of the reasons set forth in paragraph (1), it will
return the petition to the petitioner together with a statement of the reason
why it is not acceptable.
(c)
Oral presentation. A
petitioner will be given the opportunity to make a 5-minute oral presentation
on a petition that the staff determines is appropriate for further
consideration. The oral presentation will be scheduled for the next meeting of
the Commission occurring more than 30 days after completion of the initial
staff review.
(d)
Commission determination. After the oral presentation, the
Commission will determine whether or not to accept the petition for further
review. The Commission may refuse to accept the petition when one or more of
the following conditions exist:
(1) The
Commission has within the previous 3 years considered the issue addressed by
the petition or request.
(2) The
action requested by the petitioner concerns a matter in litigation.
(3) The action is not appropriate for
rulemaking by the Commission.
(4)
The petition involves an issue previously considered by the Commission and it
does not contain information which is new or sufficiently different to warrant
reconsideration. If a petition does present new or sufficiently different
information, this information must have been unavailable at the time of the
Commission's previous decision.
(e)
Staff report. If the
Commission accepts the petition, the staff has 180 days to prepare a report
evaluating the petition and containing the staff's recommendations for
disposition. The staff may request additional time to evaluate a petition. Upon
completion of the staff report, it will be sent to the petitioner who may,
within 30 days, submit written comments, objections or suggestions concerning
the staff report. The staff may append their response to the petitioner's
comments when forwarding the report and the comments to the Boating Advisory
Board, in cases of petitions for boating regulations, or the Commission, in
cases of other regulations.
(f)
Boating regulations. For boating regulations, the staff will
submit the petition, the staff report, the petitioner's response, if any, and
the staff response, if any, to the Boating Advisory Board for review and
consideration at its next regular meeting occurring more than 30 days after the
file is deemed complete. The Boating Advisory Board shall review the materials
and provide advice and recommendations to the Commission as provided in section
5121(c) of the code (relating to promulgation).
(g)
Commission action. The
staff shall submit the petition, the staff report, the petitioner's response,
if any, the staff response, if any and, in the case of boating regulations, the
advice and opinions of the Boating Advisory Board to the Commission for
consideration as part of the agenda of the next regular meeting occurring more
than 30 days after the file is deemed complete. The Commission will determine
what action to undertake with respect to the petition at a public
meeting.
Notes
The provisions of this § 51.6 issued under section 10 of the Sunshine Act (65 P. S. § 280); and section 506 of The Administrative Code of 1929 (71 P. S. § 186).
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