Okla. Admin. Code § 540:1-5-2

Current through Vol. 42, No. 6, December 2, 2024

Section 540:1-5-2 - Procedures applicable to adoption, amendment, and repeal of rules

(a) The Commission may promulgate, amend, or repeal a rule of his own initiative, and may promulgate, amend, or repeal a rule at the request of the Chairman.

(b) Any interested person may petition the Commission, requesting the promulgation, amendment, or repeal of a rule. All such petitions shall be in writing, and be filed with the Executive Director of the Commission at the principal office. The petition shall state, clearly and concisely, all matters pertaining to the requested action and the reasons for the request. The request must also state whether there is someone known to the petitioner who is concerned with the subject of the request and should be notified of the hearing.

(c) Within thirty (30) calendar days of submission of a petition, The Commission shall initiate rulemaking proceedings or provide a written response explaining why rulemaking proceedings were not initiated. [75:305]

(d) The Health Care Workforce Training Commission may, of its own motion, conduct hearings on proposed rules, amendments to or repeal of rules, and shall conduct such hearings when so directed by the Commission.

(e) Unless otherwise specified, and stated in the notice of hearing, all hearings, shall be conducted in the offices of the Commission.

(f) Any person who is interested or affected by a proposed action may appear at the hearing. An appearance may be made individually, by an attorney, or by an authorized agent.

(g) Prior to the adoption, amendment, or repeal of a rule the Commission shall afford any interested person a reasonable opportunity to submit data, views, and arguments, either oral or written, concerning such proposed action. If the rule under consideration is one which affects the substantive rights of any person, the Commission shall grant any person or association a reasonable opportunity to submit data, views, and arguments, either oral or written, concerning such proposed action. If the rule under consideration is one which affects the substantive rights of any person, the Commission shall grant any person or association a reasonable opportunity to participate in an oral hearing, when so requested in writing by the person or association. Oral argument on such a rule shall also be granted when requested by a subdivision or agency of government. If no substantive rights of the person, association, or governmental entity are affected by or involved in the rule to be considered, the Commission may, in its discretion, refuse to hear oral argument and require such matters to be submitted in writing. The Commission, in the exercise of its sound discretion, shall determine whether the proposed action affects any such substantive rights.

Okla. Admin. Code § 540:1-5-2

Amended at 15 Ok Reg 1767, eff 5-11-98

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2022

Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 9/11/2023