Okla. Admin. Code § 40:1-1-4

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

Section 40:1-1-4 - Policies and procedures for rule-making

(a)General policies. In proposing, considering, adopting, amending, or repealing Rules and Regulations and taking other actions of general applicability, the Board shall act in compliance with the Oklahoma Administrative Procedures Act, the Open Meeting Act, and other provisions of law.

(b)Cumulative effect of rules. The contents of this Chapter shall be cumulative to other Rules and Regulations of the Board, and shall not nullify, replace, or supersede other currently effective Rules and Regulations adopted by the Board.

(c)Severability of rules. The provisions of the various Sections of this Chapter, and of every other currently effective Rule and Regulation adopted by the Board, are severable. If any parts or provisions of any such Rule and Regulation shall be held void, the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of such Rule and Regulation.

(d)Rule-making proposals. Rule-making may be commenced by the Board on its own initiative. Any interested party may also petition the Board, in accordance with procedures set forth in this Chapter, to adopt, amend, or repeal a Rule and Regulation. The Board will afford all properly interested parties reasonable opportunity to submit views, data, information, or arguments concerning action proposed or under consideration by the Board on a Rule and Regulation or concerning a request that the Board promulgate, amend, or repeal a Rule and Regulation.

(e)Rule-making petitions. Petitions to the Board for promulgation, amendment, or repeal of a Rule and Regulation shall be in the following form and contain the following information.

(1) Petitions must be submitted in legible typewritten form, with the original copy submitted, and shall be submitted in person or by mail to the State Director of Tests for Alcohol and Drug Influence at the Board's principal Administrative Office.

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

(3) Every petition must clearly state that such petition is for promulgation of a new Rule and Regulation, or for the amendment of an existing Rule and Regulation, or for the repeal of an existing Rule and Regulation. A given petition may pertain to only one Rule and Regulation, and individual petitions are required for requested action on different Rules and Regulations.

(4) If the petition requests action on an existing Rule and Regulation, the complete verbatim text of the existing rule language shall be included in the petition, together with the exact change(s) or addition(s) or deletion(s) or repeal requested. If the petition pertains to promulgation of a new and additional Rule and Regulation, the petition shall set forth in clear itemized form the specific detailed provisions which the Board is asked to consider.

(5) All petitions must clearly and separately state the factual basis, reasons, legal grounds, and public policy and technical justifications for each action requested of the Board. All available supporting documents, records, studies, and information bearing on the issue and available to the petitioner(s) must accompany the petition. The petition shall also contain or be accompanied by the names and addresses of all persons known to the petitioner(s) who are concerned with the subject matter of the petition.

(6) Petitions must be signed and endorsed by all petitioning parties, or their authorized legal representative(s); and such signature(s) and endorsement(s) must be duly attested to by a notary public.

(f)Action on petitions. All petitions shall be examined to determine whether the procedural requirements have been met and whether the facts, justifications and other submissions afford a reasonable basis for rule-making. Petitions found to be not in proper form or lacking the necessary reasonable basis for consideration by the Board will be returned to the submitter(s). Petitioner(s) will be notified of whether and, if so, when the Board will consider rule-making action on a given petition. Action on petitions accepted will be considered by the Board at a regularly scheduled meeting or at a special meeting, as appropriate. If a petition for consideration of rule-making by the Board is accepted, the proposed action(s) shall thereafter be treated by the Board identically to other rule-making procedures and in accordance with the Administrative Procedures Act.

Okla. Admin. Code § 40:1-1-4

Amended by Oklahoma Register, Volume 36, Issue 24, September 3, 2019, eff. 9/14/2019