(1) An interested person may petition an agency to request the making, amendment, or repeal of a rule. (2) The office shall prescribe by rule the form for petitions and the procedure for their submission, consideration, and disposition. (3) A statement shall accompany the proposed rule demonstrating that the proposed action is within the jurisdiction of the agency and appropriate to the powers of the agency. (4) Within 60 days after submission of a petition, the agency shall: (a) deny the petition in writing, stating reasons for the denial; or (b) initiate rulemaking proceedings to implement the petition. (5) (a) If the petition is submitted to a board or commission that has been granted rulemaking authority by the Legislature, the board shall, within 45 days of the submission of the petition, place the petition on its agenda for review. (b) Within 80 days of the submission of the petition, the board or commission shall either: (i) deny the petition in writing stating its reasons for denial; or (ii) initiate rulemaking proceedings to implement the petition. (6) If the agency, board, or commission has not provided the petitioner written notice that the agency has denied the petition or initiated rulemaking proceedings to implement the petition within the time limitations specified in Subsection (4) or (5) respectively, the petitioner may seek a writ of mandamus in state district court.
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