RULE 33

Request for Interested Persons for Promulgation, Amendment, or Repeal of Rules

A.  For the purposes of this rule, an "interested person" shall mean an individual, labor organization, or public employer who can show that being affected adversely by an existing rule, and that such existing rule adversely affects the public interest, or who can show being affected advantageously, and that the public interest would be served, by the proposed new rule or by an amendment to an existing rule.

B.  To effect the promulgation of a new rule, such an interested person shall file a petition in form generally complying with Rule 5F above. Such petition shall state the interest of the petitioner in the proposed new rule, the manner in which such proposed new rule would serve the public interest, and shall set forth the exact language of the proposed new rule, and request that such new rule be adopted.

C.  To effect the amendment of an existing rule, such an interested person shall file a petition in a form generally complying with Rule 5F above. Such petition shall state the interest of the petitioner in the proposed amendment, and the manner in which the proposed amendment would serve the public interest, the exact language of the rule as existing and as proposed to be amended, and a request for the proposed amendment.

D.  To effect the repeal of an existing rule, such an interested person shall file a petition in form generally complying with Rule 5F above. Such petition shall set forth the interest of the petitioner in the proposed repeal, the manner in which the proposed repeal would serve the public interest, and the exact language of the rule to which the proposed repeal is directed.

E. 1. Within sixty (60) days after the filing of a petition as set out in this rule, the Commission shall make a determination as to whether such proposed rule, amendment, or repeal may be concerned with a matter of public interest.

2. If the Commission determines that the proposed rule, amendment, or repeal is not one which is a matter of public interest, the Commission will enter a final order rejecting the proposal and shall immediately notify the petitioner who filed the proposal.

3. If the Commission determines that the proposed rule, amendment or repeal may involve a matter of public interest, the Commission will set a date for a public hearing, at which evidence, briefs, and remarks will be received as to the appropriateness of adopting the proposed new rule, amendment, or repeal. Notice of such public hearing shall be published by the Commission in a matter which the Commission determines is most appropriate to give adequate notice of such hearing to the public.

4. After the public hearing described in paragraph E3, the Commission will determine the question of the adoption, amendment, or repeal proposed, and shall enter its order adopting such new rule, amending or repealing the existing rule, or overruling the proposed changes.