The Commission shall give fair consideration to any petition for rulemaking filed in accordance with rule 305-7-8-.02 of these Rules. The Commission may consider:

1. (1) The views of the Division Chief of the Office of Water Resources;
2. (2) Whether the proposed adoption, amendment, or repeal of a rule is constitutional and within the statutory authority of the Office of Water Resources and/or the Commission to adopt;
3. (3) Whether the proposed adoption, amendment, or repeal of a rule would promote the legislative intent and purposes of the statutes which the Office of Water resources and/or the Commission administers;
4. (4) Whether the petition is supported by substantive, credible and relevant evidence, data and information as would reasonably support the proposed adoption, amendment, or repeal of a rule in the absence of contradictory evidence, data or information or other relevant factors which the Commission might consider pursuant to the Act;
5. (5) Whether the person has had a prior opportunity to present relevant evidence, data and information on the subject matter of the petition or the person unjustifiably failed to present such evidence, data or information;
6. (6) Whether alternative means of obtaining the same or similar relief are presently available to the person or have been made available in the recent past;
7. (7) The manner in which the proposed adoption, amendment, or repeal of a rule would impact the overall regulatory scheme of the Act and whether the proposed adoption, amendment, or repeal of a rule would promote the basic underlying public policies of the Act; and
8. (8) Any other relevant factors, evidence, data or information.

Author: Walter B. Stevenson, Jr.

Statutory Authority: Code of Ala. 1975, §§9-lOB-16, 9-lOB-18.

History: Filed: October 20, 1993; Adopted: December 9, 1993; Effective: February 22, 1994.