Templates Administrative Law Agency Rulemaking Petition - Delaware
Delaware Administrative Law
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Agency Rulemaking Petition - Delaware - Free Editor

PETITION FOR RULEMAKING

To: [AGENCY NAME AND ADDRESS / E-FILING PORTAL]

Petitioners

[NAME/ENTITY], [CONTACT INFORMATION]

Relief Requested

Petitioners request that [AGENCY] initiate rulemaking to [ADOPT/AMEND/REPEAL] [CITATION OR SUBJECT], by issuing the proposed regulatory text below, or substantially similar language, pursuant to 29 Del. C. Section 10115.

Proposed Regulatory Text (draft)

text
[INSERT PROPOSED RULE LANGUAGE OR REDLINE]

Summary of Basis and Purpose

  • Problem: [Describe current issue, harm, or gap].
  • Authority: 29 Del. C. Section 10115 (petition for rulemaking); [Agency organic statute citations].
  • Solution: [Brief statement of how proposed rule addresses problem].
  • Benefits: [Public interest benefits, safety, compliance clarity, cost savings].

Supporting Legal and Policy Grounds

1) Statutory authority: [Cite organic statute provisions authorizing rule].
2) Consistency with existing framework: [Explain alignment or necessary revisions].
3) Preemption/interaction: [If applicable].
4) Economic/operational impacts: [Summarize data; attach exhibits].
5) Public interest factors: [Health/safety/consumer protection/fairness].

Evidence and Exhibits

  • Exhibit 1: Factual data/technical studies.
  • Exhibit 2: Economic analysis (cost/benefit summary).
  • Exhibit 3: Stakeholder letters/support.
  • Exhibit 4: Comparative jurisdiction/agency approaches.
  • Exhibit 5: Draft rule text markup.

Delaware-Specific Procedural Requirements

  • Under 29 Del. C. Section 10115, any interested person may petition an agency requesting the promulgation, amendment, or repeal of any regulation.
  • The agency shall within 30 days after filing either deny the petition in writing, stating reasons, or initiate rulemaking proceedings.
  • If the agency initiates rulemaking, it must follow the notice and comment procedures under 29 Del. C. Section 10115.
  • Proposed regulations must be published in the Delaware Register of Regulations.

Petitioners' Request

Petitioners respectfully request that [AGENCY]:
1) Acknowledge this petition and docket it under 29 Del. C. Section 10115.
2) Consider the petition within 30 days as required by statute.
3) Initiate rulemaking consistent with the proposed language or convene a public process to consider it.
4) Provide written response per statutory requirements.

Signature

Date: [DATE]
[NAME/TITLE]
[ORGANIZATION]
[ADDRESS / EMAIL / PHONE]

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