Okla. Admin. Code § 140:1-7-2

Current through Vol. 42, No. 4, November 1, 2024

Section 140:1-7-2 - Petitions for declaratory rulings

(a) Any person who desired a ruling as to the application of any rule or order of the Board may file a petition with the Executive Secretary, in writing, to request such ruling.

(b) All such petitions shall be in writing and filed with the Executive Director. Petitions to the Board for declaratory rulings shall be in the following form and contain the following information:

(1) Petitions shall be submitted in legible typewritten form, with the original copy submitted, and shall be submitted in person or by mail to the Executive Director

(2) Petitions must clearly identify the submitting party or parties by name, address, official title (if any), and complete business address and must include a clear statement reflecting the interest of the submitter(s) in such petition and the real party(ies) of interest if the submission is by an agent or attorney.

(3) Every petition must clearly state that such is for issuance of a declaratory ruling as to the applicability of a specifically identified rule or order. A petition may pertain to only one subject area and individual petitions are required for separate subjects. Separate petitions may be required for individual sections of rules.

(4) If the petition requests a declaratory ruling of the Board as to a rule, the complete verbatim text of the existing rule shall be restated therein or attached as an appendix to the petition. If the petition pertains to a request for a declaratory ruling of a previous order of the Board, a copy of the previous order shall be clearly referred to or attached as Appendix to the Petition and the petition shall clearly identify the pertinent portions of such order which is the subject of the request.

(5) All petitions must be signed and endorsed by the petitioning party(ies) or their legal representative(s) and notarized.

(c) Petitions which are not in proper form or which lack the necessary reasonable basis for consideration by the Board will be returned to the submitter(s) or may be summarily denied

(d) Unless the Board request a formal or informal opinion of the Attorney General, the Board shall, within sixty (60) days after receipt of the petition and during its next regular or special meeting, issue its declaratory ruling on the matter. The declaratory ruling shall consist of:

(1) a restatement of the question posed in the petition;

(2) an answer to the question posed in the petition;

(3) the reason or reasons for the answer given.

(e) A copy of the each declaratory ruling shall be mailed to the person who requested the declaratory ruling immediately after its issuance by the Board.

(f) Copies of all declaratory rulings shall be placed in the permanent file at the offices of the Board for public inspection, copying and/or mechanical reproduction during regular business hours.

Okla. Admin. Code § 140:1-7-2

Added at 11 Ok Reg 4547, eff 8-25-94; Amended at 28 Ok Reg 1112, eff 6-25-11