Title 115 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY
Chapter 10 – PETITION FOR RULEMAKING
001 Rule Making Petition.
001.01 Petition. Any person may petition the Council requesting the promulgation, amendment, or repeal of a rule or regulation.
001.02 Form. The petition shall:
001.02A Be clearly designated as a petition for a rules change;
001.02B In the case of a proposed new rule or amendment of an existing rule, shall set forth the desired rule in its entirety;
001.02C In the case of a petition for the repeal of an existing rule, such shall be stated and the rule proposed to be repealed shall either be set forth in full or shall be referred to by agency rule number;
001.02D Describe the reason for the rules change.
001.02E Include an address and telephone where the petitioner can be reached during regular work hours; and
001.03 Be signed by:
001.03A The petitioner or his or her attorney in which case the attorney shall also state his or her address and telephone number; or
001.03B A duly authorized officer of the petitioner, if petitioner is a corporation or other legal entity.
002 Petition consideration and disposition.
002.01 Within 60 days after submission of a petition, the Council shall:
002.01A Deny the petition in writing, stating the reasons therefore; or
002.01B Initiate rulemaking or regulationmaking proceedings before the Council in accordance with the Administrative Procedure Act.
002.01C If otherwise lawful, adopt a rule or regulation.
Enabling Legislation: Neb. Rev. Stat. §84-909; §84-907.08.
Legal Citation: Title 115, Ch. 10, Nebraska Department of Environmental Quality
Nebraska Department of Environmental Quality
1200 "N" Street, Suite 400
P.O. Box 98922
Lincoln, Nebraska 68509
(402) 471-2186