Okla. Admin. Code § 590:1-3-18

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

Section 590:1-3-18 - Declaratory rulings

(a)General provisions. The Board of Trustees may issue declaratory rulings as to the applicability of any rule or principle of law embodied in an order of the Board which is requested by or on behalf of any member, joint annuitant or beneficiary directly affected thereby subject to the terms and conditions set forth in this section.

(b)Form of petition; where to file. A declaratory ruling petition must be made in writing, be signed by the petitioner or an authorized representative or agent, and filed with the General Counsel of the System. The petition must state:

(1) that a declaratory ruling is requested pursuant to 590:1-3-18;

(2) the petitioner's name, address, phone number, and Social Security number;

(3) the issue(s) and all relevant facts on which a declaratory ruling is requested, stated clearly and concisely;

(4) the petitioner's desired result and legal basis for that result, including reference to the applicable statutes, rules and case law; and

(5) whether the petitioner is presently pursuing any administrative review, litigation, or negotiation on the issue with the System, as well as the name of any other person or entity that the petitioner or a duly authorized representative knows is involved with the identical issue pending before or with the System.

(c)Proposed draft. The petitioner may provide a proposed draft ruling for consideration by the Board of Trustees.

(d)Additional information. The Board may request additional information from the petitioner as deemed necessary to issue a declaratory ruling. Failure to provide the requested information shall result in denial of the petition.

(e)Effect of a declaratory ruling. A declaratory ruling shall have the following effect:

(1) the ruling shall apply only to the particular fact situation stated in the petition;

(2) the ruling shall apply only to the petitioner;

(3) the ruling shall bind the Board and the System only prospectively; and

(4) the ruling may be revoked, altered or amended by the Board at any time.

(f)Exceptions to binding effect of declaratory ruling. The declaratory ruling shall cease to be binding if:

(1) a pertinent change is made in the applicable law by the Legislature;

(2) a pertinent change is made in the rules of the Board or the System;

(3) a pertinent change in the interpretation of the law is made by a court or administrative tribunal; or

(4) the actual facts are determined to be materially different from the facts set out in the petitioner's declaratory ruling petition.

(g)Issuance of a declaratory ruling. The Board shall make a good faith effort to issue a declaratory ruling within ninety (90) days from the date of receipt of a complete and proper petition unless, in the discretion of the Board, the issue is of such complexity or novelty that additional time is required.

(h)Contents of a declaratory ruling. A written response from the Board or any employee or agent of the Board or System to any inquiry from any person or entity shall not be construed to be a declaratory ruling unless made in conformity with this subsection. A declaratory ruling shall contain:

(1) a statement that: "This is a declaratory ruling issued by the Board of Trustees of the Oklahoma Public Employees Retirement System pursuant to 75 O.S. § 307 " or similar wording; and

(2) the signature of the Chair or Vice-Chair of the Board of Trustees.

(i)Denial of a petition for declaratory ruling. The Board, in its discretion, may deny a petition for declaratory ruling for good cause. In this instance, the Board shall indicate in writing the reasons for refusing to issue a declaratory ruling. Good cause includes, but is not limited to, the following:

(1) the petition does not substantially comply with the information required by this section;

(2) the petition involves hypothetical situations or alternative plans;

(3) the petitioner requests the Board to interpret or apply a statute, or requests a determination as to whether a statute is constitutional under the Oklahoma Constitution or the United States Constitution;

(4) the facts or issues presented in the petition are unclear, overbroad, insufficient or otherwise inappropriate as a basis upon which to issue a declaratory ruling;

(5) the issue about which the declaratory ruling is requested is primarily one of fact;

(6) the issue is presently being considered in a rulemaking, administrative or judicial proceeding that may definitively resolve the issue;

(7) the issue cannot be reasonably resolved prior to the issuance of rules;

(8) the issue is the subject of an administrative proceeding or litigation; or

(9) the petitioner is not identified or is anonymous.

(j)Withdrawal of petition for declaratory ruling. The petitioner may withdraw the petition for a declaratory ruling, in writing, prior to the issuance of the declaratory ruling.

(k)Judicial review. A declaratory ruling, or refusal to issue such ruling, shall be subject to a judicial review, pursuant to the Administrative Procedures Act, in the same manner as individual proceedings.

Okla. Admin. Code § 590:1-3-18

Added at 25 Ok Reg 994, eff 5-11-08