Okla. Admin. Code § 731:1-1-4

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

Section 731:1-1-4 - Filing and disposition of petitions for declaratory rulings

(a) An interested person may petition the Authority for declaratory rulings as to the applicability of any rule or order of the Authority. The petition shall be in writing, signed by the petitioner or an authorized agent of the petitioner, setting forth the petitioner's interest in the subject matter and the reasons why the petition should be granted. The petition shall be filed at the general administrative offices of the Authority. The Authority or its authorized representative 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.

(b) The Authority shall consider and act upon the petition promptly. A declaratory ruling shall apply only to the fact situation stated in the declaratory ruling petition and shall apply only to the petitioner. A declaratory ruling shall cease to be binding if a pertinent change is made in the applicable law by the Legislature, if a pertinent change is made in the Authority's rules, if a pertinent change in the interpretation of the law is made by a court of law or if the actual facts are determined to be materially different from the facts set out in the petitioner's declaratory ruling petition. The Authority, in its discretion, may deny a petition for declaratory ruling for good cause. In such instance, the Authority will indicate in writing the reason(s) for refusing to issue the 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 Authority 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 issue(s) presented in the petition are unclear, overbroad, insufficient or otherwise inappropriate as a basis upon which to issue the 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 proceeding, protest proceeding or other agency 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 investigation, administrative proceeding or litigation;

(9) The issue relates to the application of the law to members of a business, trade, professional or industrial association or other similar group(s); or

(10) The petitioner is not identified or is anonymous.

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

Okla. Admin. Code § 731:1-1-4

Added at 17 Ok Reg 1711, eff 5-25-00