PURPOSE: This rule provides a procedure for rulemaking and petitioning for rulemaking pursuant to the Missouri Administrative Procedures Act.

1. (1) Promulgation, amendment or repeal of rules adopted by the division in 4 CSR 265 may be proposed, adopted and published by approval of the division as prescribed by law.

2. (2) Petition for promulgation, amendment or repeal of rules shall be as follows:

   1. (A) Each petition for promulgation, amendment or repeal of rules made pursuant to the Missouri Administrative Procedure and Review Act shall be filed with the director of the division in writing and shall state—

      1. 1. The name and mailing address of the

petitioner;

1. 2. The full text of the rule requested to

be amended or repealed, with the full text of the rule desired to be promulgated;

1. 3. A paragraphed statement of the rea-

son the rule should be amended, repealed or promulgated, including a statement of all existing facts pertinent to petitioner’s interest in the matter; and

1. 4. Citations of legal authority which

authorize, support or require the action requested by petition. The petition shall be verified under by oath or penalty of perjury by the petitioner; and

1. (B) Proceedings on a petition shall be as follows:

   1. 1. Upon receipt of the petition, the divi-

sion shall decide upon the action to be taken. The division shall furnish a copy of the petition to the Joint Committee on Administrative Rules and the commissioner of administration together with the action, if any, taken or contemplated by the agency and the reason for that action. The division shall either deny the petition in writing (stating its reasons for denial) or shall initiate rulemaking or rulechanging proceedings in accordance with the Missouri Administrative Procedure and Review Act within thirty (30) days of the date the petition is filed; and

1. 2. The division in either case shall serve

a copy of the petition, and a report of any action taken or contemplated to be taken, on the Joint Committee on Administrative Rules and the commissioner of administration. AUTHORITY: section 622.027, RSMo 1994.* Emergency rule filed June 14, 1985, effective July 1, 1985, expired Oct. 28, 1985. Original rule filed Aug. 1, 1985, effective Oct. 29, 1985. Amended: Filed Aug. 3, 1995, effective Feb. 25, 1996.

*Original authority: 622.027, RSMo 1985, amended 1993, 1995.