1. (a) Within 30 days after the submission of a petition for rulemaking, the agency shall either deny the petition in writing, stating its reasons for the denial, or shall initiate rulemaking proceedings within 120 days.

2. (b) The commissioner shall act on the petition for declaratory ruling within 30 days after receipt of all information required by Lab 210.01(c) as follows:

   1. (1) Issue a written declaratory ruling;
   2. (2) Reject the declaratory ruling petition if it is inadequate, beyond the scope of the commissioner’s authority, involves a hypothetical situation, or otherwise seeks advice as to how the commissioner would decide a future case, or there is pending legislation or rulemaking, a pending administrative or judicial proceeding, or a pending investigation or examination that will address the petition; or
   3. (3) Refer the petition to the department of justice when the commissioner requires legal guidance.
3. (c) When the commissioner refers a petition to the department of justice in accordance with Lab 210.02(b)(3), the commissioner shall have 120 days from receipt of the petition to render a decision on the petition.

Source. #6805-B, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07 New. #8922-A, eff 7-1-07; ss by #14534, eff 3-12-26 (formerly Lab 209.02)