Okla. Admin. Code § 532:1-1-7

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

Section 532:1-1-7 - Filing and disposition of petitions for declaratory rulings

(a) Any person may file a request for a declaratory ruling by the Board as to the application or enforcement of any Rule in this Title or statute in the Act to a given set of circumstances. The requesting party shall pay a $300.00 non-refundable fee. The request shall be in writing, signed by person seeking the ruling, identify the rule or statute section and subsection involved, and contain a brief and concise statement of facts to which the ruling shall apply. The requester shall submit the request to the Board in writing by mail and may be in any form. Upon a vote of a majority of the Board members at a meeting in which a quorum is present, the Board may accept requests submitted by electronic mail.

(b) The Chair will add the request to the agenda for the next meeting of the of the Board. The Board will consider the request at the meeting for which the request is placed on the agenda. If the question posed in the request has been resolved by prior ruling of the Board, the Board will notify the requester of the prior ruling. At the meeting the Board may vote to continue discussions at a future meeting, or it may defer action pending a request for further information from the requester or pending any investigation or hearing which the Board might conduct.

(c) The Board shall issue requested rulings promptly after it reaches a determination, or the Board shall send an explanation to the petitioner stating why a ruling will not be issued. The Board shall issue a determination within 45 days of receiving a request containing sufficient information for the Board to issue the consider the request and issue a determination. In situations where the Board determines that an investigation is required to respond to the request, the Board shall issue make a determination and issue a ruling within 45 days of the completion of the Investigation. Unless a ruling states otherwise, Board rulings shall constitute precedent for the purpose of the Board's application and enforcement of the Act and the Rules in this Title until the Board or a court revokes or overrules the ruling. The Board shall index its rulings according to the Act section or Rule in this Title that the ruling interprets. Rulings shall be available for inspection by members of the public at the Board's website.

Okla. Admin. Code § 532:1-1-7

Added at 28 Ok Reg 2295, eff 7-25-11