Any person may petition the secretary of the Energy and Environment Cabinet to initiate
a proceeding for the issuance, amendment, or repeal of any regulation under this chapter.
(1) Notice and an opportunity shall be provided for the petitioner and any person
wishing to participate to be heard at a public hearing within thirty (30) days following
the filing of the petition on the facts, technical justification, and law alleged
in the petition.
(2) The secretary shall render a final order in writing within thirty (30) days after
the hearing granting or denying the petition on grounds that there is a reasonable
basis for the petitioned rule change, or is not, or that it is required or prohibited
by law and setting forth the reasons for the decision.
(3) The secretary shall initiate a rulemaking proceeding pursuant to KRS Chapter
13A within thirty (30) days after a petition is granted proposing the issuance, amendment,
or repeal of the petitioned regulations in conformity with the final order.
(4) Any participant in the petition proceedings may seek review in the Circuit Court
of Franklin County of a final order of the secretary denying all or any portion of
the action requested in a petition.
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