41-1033. Petition for a rule or review of a
practice or policy
A. Any person, in a manner and form prescribed by the agency, may petition an
agency requesting the making of a final rule or a review of an existing agency practice
or substantive policy statement that the petitioner alleges to constitute a rule. The
petition shall clearly state the rule, agency practice or substantive policy statement
which the person wishes the agency to make or review. Within sixty days after submission
of a petition, the agency shall either deny the petition in writing, stating its reasons
for denial, initiate rule making proceedings in accordance with this chapter or, if
otherwise lawful, make a rule.
B. A person may appeal to the council the agency's final decision within thirty
days after the agency gives written notice pursuant to subsection A. The appeal shall be
limited to whether an existing agency practice or substantive policy statement
constitutes a rule. The council shall place this appeal on the agenda of its next
meeting if at least three council members make such a request of the council chairman
within two weeks after the filing of the appeal.
C. An agency practice or substantive policy statement appealed to and considered by
the council pursuant to this section shall remain in effect while under consideration of
the council. If the council ultimately decides the agency practice or statement
constitutes a rule, the practice or statement shall be considered void.
D. A decision by the agency pursuant to this section is not subject to judicial
review, except that, in addition to the procedure prescribed in this section or in lieu
of the procedure prescribed in this section, a person may seek declaratory relief
pursuant to section 41-1034.
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