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TITLE 22 - EXAMINING BOARDS
PART 9 - TEXAS MEDICAL BOARD
CHAPTER 160 - GENERAL PROVISIONS
SUBCHAPTER B - RULEMAKING
SECTION/RULE §160.10 - Petition for Rulemaking

Chapter Review Date (a) As authorized by §2001.021(a) of the Texas Government Code, an interested person by petition to the board may request the adoption of a rule.(b) A person must submit a petition for adoption of rules in writing via mail or hand-delivery (addressed to the Executive Director or General Counsel of the board) or email (sent to rules.development@tmb.state.tx.us). (c) The petition shall contain the following information as applicable and except as may be waived by the board:(1) the name and contact information of the petitioning party and their interest in the adoption of the rule;(2) a statement of the legal authority and jurisdiction under which the petition is filed;(3) the exact language of the proposed rule requested to be adopted;(4) a statement and legal references regarding whether, to the petitioner's knowledge, the requested rule is in conflict with any existing rule, ruling, order or opinion of the board or any other rules or statutes; and(5) a statement of the purpose of the requested rule.(d) During the sixty (60) day period following receipt of the petition by the board, the board or one of its committees shall meet to consider the petition. Not less than ten (10) days prior to such meeting, the board shall notify the petitioning party in writing of the date, time, and place the petition shall be considered.(1) At this meeting, the petitioning party may be given an opportunity to present matters to the board or its committee, at the board's or committee's discretion.(2) If the request is considered by the full board, the board shall decide whether to deny the petition or to publish the requested rule in the Texas Register for comment. If the petition is denied, the board shall state its reasons for denial in writing to the petitioning party. Publication of the requested rule for comment shall constitute initiation of rulemaking for purposes of §2001.021(c)(2) of the Texas Government Code.(3) If the request is considered by a committee of the board, the committee shall decide whether to recommend to the full board at its next meeting to deny the petition or to publish the requested rule in the Texas Register for comment. A committee's recommendation to the full board to deny the petition or to publish the requested rule for comment shall constitute initiation of rulemaking for purposes of §2001.021(c)(2) of the Texas Government Code.(4) At the next board meeting following the committee's recommendation to deny the petition or to publish the requested rule for comment, the board shall consider the committee's recommendation. The board shall then decide whether to deny the petition or to publish the requested rule in the Texas Register for comment. If the board decides to deny the petition, the board shall state its reasons for denial in writing to the petitioning party.

Source Note: The provisions of this §160.10 adopted to be effective January 9, 2025, 50 TexReg 315.

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