Okla. Admin. Code § 390:2-1-11

Current through Vol. 42, No. 1, September 16, 2024

Section 390:2-1-11 - Declaratory rulings

(a) Any person subject to the rules and regulations contained in this chapter may petition in writing to CLEET or its designated agent for interpretation of a specific rule, regulation or order as to the applicability of said rule, regulation or order and its effect on petitioner. In petitioning CLEET for a declaratory ruling the following procedures must be followed:

(1) The petition must be in writing and submitted to CLEET or its designated agent.

(2) The petition shall state with specificity the rule, regulation or order in question; and

(3) The petition shall state a brief, concise statement of facts in question; and

(4) The petition shall pose a specific question(s) to be answered by CLEET.

(5) The petition must further allege that application or the threatened application of said rule or regulation interferes with or impairs or threatens to interfere with or impair, the legal rights or privileges of the petitioner.

(b) CLEET or its designated agent shall make a declaratory ruling based upon the rule, regulation, facts, and question(s) presented.

(c) The petitioner will be notified of the declaratory ruling in writing by the U.S. Mail.

(d) The declaratory ruling will apply only to the petitioner unless CLEET or its designated agent finds that said ruling is general in nature and not unique to the petitioner.

(e) A declaratory ruling or refusal to issue such ruling, shall be subject to judicial review in the manner provided for review of decisions in individual proceedings in the Administrative Procedures Act.

Okla. Admin. Code § 390:2-1-11

Amended at 29 Ok Reg 1606, eff 7-13-12