Okla. Admin. Code § 160:3-1-1.2

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

Section 160:3-1-1.2 - Official actions

(a)Official acts in writing and open to the public. All official acts of the Administrator shall be evidenced by written record. All final orders, decisions, opinions, rules and other written statements of policy or interpretations formulated, adopted or used in the discharge of the functions of the Administrator shall be available for public inspection. Official action of the Administrator shall not be bound or prejudiced by any informal statement or opinion made by the Administrator or employees of the Administrator.

(b)Official action to be taken only in real cases, controversies or issues. Official actions shall only be taken on matters formally pending before the Administrator for determination, and then only if such matter be an actual case, controversy or issue.

(c)Declaratory rulings.

(1) An interested person may file a petition for a declaratory ruling as to the applicability of any rule or order. The petition shall:

(A) be in writing;

(B) refer to the rule or order involved;

(C) state the nature and purpose of the declaratory ruling sought;

(D) state the fact situation with respect to which the declaratory ruling is sought; and,

(E) list the name and address of the person requesting the ruling.

(2) The Administrator may require any petitioner to provide additional information. A petition is not considered final until all requested information has been submitted. The failure to provide additional information shall be deemed to be a withdrawal of the petition.

(3) Official rulings may be made by and at the discretion of the Administrator as to the applicability of any rule or order. Generally, an official ruling will only be given if it is shown that an actual case, controversy or issue is in contemplation on the hypotheses presented and that unreasonable hardship, loss or delay would result if the matter were not determined in advance.

(4) The declaratory ruling requested or refusal to issue such ruling shall be issued within thirty (30) workdays from receipt of the final petition, and shall be subject to review in accordance with the Administrative Procedures Act beginning at § 250 of Title 75 of the Oklahoma Statutes [75:307].

(d)Rights not limited. This section shall not be interpreted as limiting the right of the Administrator to cause matters to become formally pending and to perform any function or duty prescribed by law or rule.

Okla. Admin. Code § 160:3-1-1.2

Added at 16 Ok Reg 2130, eff 6-25-99