Section 1708.5 Of Article 1. Hearings From California Public Utilities Code >> Division 1. >> Part 1. >> Chapter 9. >> Article 1.
1708.5
. (a) The commission shall permit interested persons to
petition the commission to adopt, amend, or repeal a regulation.
(b) (1) The commission shall consider a petition and, within six
months from the date of receipt of the petition, either deny the
petition or institute a proceeding to adopt, amend, or repeal the
regulation.
(2) The commission may extend the six month period for
consideration of a petition pursuant to paragraph (1) to allow public
review and comment pursuant to subdivision (g) of Section 311.
(c) If the commission denies a petition, the order or resolution
of the commission shall include a statement of the reasons of the
commission for that denial.
(d) If the commission finds that it is precluded by law from
granting a petition, the statement of reasons for denial pursuant to
subdivision (c) shall identify the relevant provisions of law.
(e) The commission shall implement this section under the Rules of
Practice and Procedure in effect on January 1, 2000. On or before
July 1, 2001, the commission shall amend the Rules of Practice and
Procedure to provide more specific procedures for handling a petition
pursuant to this section.
(f) Notwithstanding Section 1708, the commission may conduct any
proceeding to adopt, amend, or repeal a regulation using notice and
comment rulemaking procedures, without an evidentiary hearing, except
with respect to a regulation being amended or repealed that was
adopted after an evidentiary hearing, in which case the parties to
the original proceeding shall retain any right to an evidentiary
hearing accorded by Section 1708.