Current through Register Vol. XLI, No. 25, June 21, 2024
Section 36-37-6 - Procedures for Promulgating Regulations in Response to Suggestions by Board Members or Administrator6.1. Any Board member or the Administrator may suggest subjects for the Board to investigate. Suggestions shall be submitted to the Administrator, and may be submitted either at a Board meeting or at any other time. Whenever possible, suggestions shall be submitted in writing on a form provided by the Administrator, and shall include a brief statement of the problem to be addressed.6.2. The Administrator shall submit a report to the Board at the next regular scheduled Board meeting of all suggestions which have been submitted during and after the last Board meeting. The Administrator shall maintain a list of all suggestions submitted, and each suggestion shall be considered by the Board in the order it was submitted, unless a majority of the Board determines that a particular suggestion should receive priority attention.6.3. The Administrator shall prepare a report which outlines the issues to be addressed under each suggestions, and shall submit the report to the Board during the meeting at which the suggestion will be taken up for consideration. The Administrator's report shall include the following: (a) Definition of the problem.(b) Technical evidence available -general information, including any injuries or fatalities, which is available or which needs to be developed.(c) Staff time required -general estimate of the amount of time the Administrator will require to prepare technical evidence for Board review.(d) Legal authority -determination of whether consideration of an action on this issue is within the Board's statutory authority.(e) Description of findings of fact and conclusions of law -identification of the findings and conclusions which the Board must make if it decides to propose regulations.(f) Existing laws, regulations, and policies relevant to the suggestion.6.4. Upon receipt of the Administrator's report, the Board shall review the issues raised in the report, and take one (1) of the following actions:(a) Accept the report, and proceed with Step 6.5.(b) Direct the Administrator to undertake further research necessary for Board consideration of this issue, and direct the Administrator to prepare a revised report which identifies the issues discussed, materials reviewed, results of any additional research, and preliminary findings and conclusions.6.5. Following such time that adequate or sufficient information has been generated through compliance with 6.3 (a-f), the Board shall take up the Administrator's report or revised report for consideration. The Board shall take the following action within a reasonable time: (a) The Board shall formally vote on whether to approve the preliminary findings of fact and conclusions of law.(b) The Chairman shall call for a formal vote on the need for additional regulations or existing regulations to be amended or revised based on the suggestion submitted and the problem(s) to be addressed.(c) If the Board determines that no regulations are needed, it must publish, within a reasonable time, its reasons, in the form of findings of fact and conclusions of law, for such determination. These findings and conclusions shall be maintained at the Department of Energy office in Charleston, and be made available to interested persons for inspection or copies.(d) If the Board determines that regulations are needed, it shall direct the Administrator to prepare proposed regulations for review and approval by the Board, and upon approval shall make them available for public comment in accordance with the provisions of Code 22-6-4.6.6. For all proposed regulations, the Board shall take the following actions: (a) A notice of proposed rulemaking and a copy of the proposed regulation shall be delivered to each affected mine operator and other interested persons. The notice of proposed rulemaking shall contain a summary explaining the preliminary findings of fact and conclusions of law, and the effect of the proposed regulation.(b) A minimum of thirty (30) days from the date the notice and proposed regulations are mailed out shall be provided for persons to submit written comments. All written comments postmarked on or before the last day of the comment period shall be accepted for Board consideration.(c) If a public hearing is requested by any interested person during the comment period, the Board shall immediately after the close of the comment period publish a notice specifying the regulation to which objections have been raised and setting the date for the public hearing.(d) Hold a public hearing on the proposed regulation if so requested, or if previously agreed by the Board members.(e) Review all comments received, and direct the Administrator to prepare final findings of fact and conclusions of law. The Board's response to all comments received shall be made a matter of record.(f) Vote on final findings of fact and conclusions of law within sixty (60) days after the public hearing, and make such findings and conclusions available at the Department of Energy office in Charleston to interested persons for inspection or copies.(g) Vote on whether to promulgate the regulation as is or with modifications, or remove from further consideration.(h) If the Board decides to promulgate the regulation as is, or with minor changes, the regulation shall be filed in the Secretary of State's office, and a notice of final rulemaking and a copy of the final regulations shall be sent to all affected operators and other interested persons.(i) If the Board determines that major changes to the proposed regulations are needed, it shall resubmit the proposed regulations as amended for public comment in accordance with the provisions of this section and Code 22-6-4.(j) If the Board decides to remove the proposed regulation from further consideration, a notice shall be sent to all persons who received the proposed regulation, advising them of this action and why it was taken.