Chapter 30. Administration
Subchapter AA. Commissioner of Education: General Provisions

30.1001. Petition for Adoption of Rule Changes.

(a)  Any interested person as defined in Texas Government Code, 2001.021(d), may petition for the adoption, amendment, or repeal of a rule of the commissioner of education by filing a petition on a form provided in this subsection. The petition shall be signed and submitted to the commissioner of education.

Figure: 19 TAC 30.1001(a)

(b)  The commissioner or the commissioner's designee shall evaluate the merits of the proposal.

(c)  In accordance with the Texas Government Code, 2001.021, the commissioner or the commissioner's designee shall respond to the petitioner within 60 days of receipt of the petition. The response shall:

(1)  advise that rulemaking proceedings will be initiated; or

(2)  deny the petition, stating the reasons for its denial.

(d)  The commissioner may deny a petition on the following grounds:

(1)  the commissioner does not have jurisdiction or authority to propose or adopt the petitioned rule;

(2)  the petitioned rule conflicts with a statute, court decision, another rule proposed or adopted by the commissioner, or other law;

(3)  the commissioner determines that a different proceeding, procedure, or act more appropriately addresses the subject matter of the petition than initiating a rulemaking proceeding;

(4)  the petitioner is inappropriately using the opportunity to file a rulemaking petition under this section, as evidenced by filing a petition:

(A)  within one year of having the petition denied; or

(B)  to amend a rule proposed or adopted by the commissioner that has not yet become effective; or

(5)  any other reason the commissioner determines is grounds for denial.

(e)  If the commissioner initiates rulemaking procedures in response to a petition, the rule text which the commissioner proposes may differ from the rule text proposed by the petitioner.

Statutory Authority: The provisions of this 30.1001 issued under the Texas Government Code, 2001.021.

Source: The provisions of this 30.1001 adopted to be effective September 23, 2004, 29 TexReg 9184; amended to be effective May 12, 2009, 34 TexReg 2766; amended to be effective April 26, 2017, 42 TexReg 2168.

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