Okla. Admin. Code § 670:1-1-7

Current through Vol. 42, No. 3, October 15, 2024

Section 670:1-1-7 - Petitions for declaratory rulings

(a)Director may issue declaratory rulings. The Executive Director or its duly authorized agent may issue declaratory rulings as to the applicability of any rule or order of Service Oklahoma, which is requested by or on behalf of a person directly affected thereby, subject to the terms and conditions set forth in this section.

(b)Contents of a petition for declaratory ruling. A declaratory ruling petition must be in writing to Service Oklahoma and must include the following information:

(1) The name, address, and telephone number of the person making the request;

(2) The name, address, and telephone number of the organization the person represents, if applicable;

(3) The date of the request;

(4) The issue(s) on which a declaratory ruling is requested, stated clearly and concisely;

(5) A complete, clear, and concise statement of all relevant facts on which the declaratory ruling is requested;

(6) The petitioners desired result and the legal basis for that result, including reference to the applicable statutes, rules, regulations, and case law; and

(7) The signature of the petitioner or the authorized agent of the petitioner.

(c)Service Oklahoma has discretion to issue declaratory ruling. The issuance or refusal is discretionary with Service Oklahoma. The Executive Director may deny the request if it is repetitive, concerns a matter that in the Executive Director's judgment is inappropriate for a declaratory ruling, or concerns a matter beyond the Executive Director's authority.

(d)Service Oklahoma may require additional information. Service Oklahoma 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 to issue the declaratory ruling.

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

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

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

(3) The declaratory ruling shall bind Service Oklahoma, its duly authorized agents and their successors only prospectively;

(4) The declaratory ruling shall bind Service Oklahoma, its duly authorized agents and their successors as to transactions of the petition that occur within three (3) years after the date of the issuance of the declaratory ruling; and

(5) The declaratory ruling may be revoked, altered, or amended by Service Oklahoma 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 Service Oklahoma's rules;

(3) A pertinent change in the interpretation of the law is made by a court of law or by an 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. Service Oklahoma will 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 Service Oklahoma's discretion, the issue is of such complexity or novelty that additional time is required.

(h)Denial of a petition for declaratory ruling. Service Oklahoma may, in its discretion, deny a petition for declaratory ruling for good cause. In this instance, Service Oklahoma will indicate in a letter the reason(s) for refusing to issue the declaratory ruling.

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

Okla. Admin. Code § 670:1-1-7

Adopted by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 8/25/2024