2010-11-15_REVISION - C1981008 (3)

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f Page 40 Section 1.06 (2) The petition shall be a concise statement of the facts, technical justification and law which require - issuance, amendment or repeal of a Rule under the Act and shall indicate whether the petitioner desires a public hearing. (3) Upon receipt of the petition, the Board shall determine if the petition sets forth facts, technical justification and law which may provide a reasonable basis for issuance, amendment or repeal of the Rules. Amendment, repeal or.revision of the Federal Surface Mining Control and Reclamation Act (P.L. 95 -87) or regulations promulgated thereto shall be considered to provide a reasonable basis. The - Board shall conduct an investigation or take other action to determine whether the petition shall be granted and may hold a hearing if appropriate. If the Board determines that the petition has a reasonable basis, a notice shall be published in the newspaper of the largest circulation for the State and the monthly mailing list seeking comments from the public on the proposed change. • (4) Within 90 days from receipt of the petition, the Board shall issue a written decision either granting or denying the petition. The Board's decision shall constitute the final decision. (a) If the petition is granted, the Board shall initiate a rulemaking proceeding. (b) If the petition is denied, the Board shall notify the petitioner in writing, setting forth the reasons for denial. 135 1.07 NOTICE-OF 'CITIZEN SUITS (1) Any person having an interest which is or may be adversely affected may commence •a civil action on his or her own behalf to compel compliance with the provisions of these Rules and the Act according to the provisions set forth in Section 34733 =135 of the Act. 135(2)(a), (b) (2) A person who intends to initiate a civil action on his or her own behalf shall give notice of I intent to do so, in accordance with 1.07. (3) Notice shall be given by certified mail to the Administrator and Attorney General. < X41