Okla. Admin. Code § 785:1-5-6

Current through Vol. 42, No. 8, January 2, 2025

Section 785:1-5-6 - Requirements for declaratory ruling petitions

Petitions for declaratory rulings shall be subject to the following requirements:

(1) All petitions must be submitted in writing and must contain a complete statement of the nature of the interest of the person submitting the request; a complete statement of the basis for the request and reasons why a Board declaratory ruling is necessary or appropriate; a concise statement of the question presented for declaratory ruling; and, a summary of the position or opinion of the requesting party with respect to the question presented.

(2) No declaratory rulings shall be utilized or made in an attempt to resolve disputed issues or questions of fact.

(3) No declaratory rulings shall be made where the question presented involves a matter subject of pending applications, administrative hearings or litigation or generally scheduled for determination by means other than through a declaratory ruling by the Board.

(4) All petitions for declaratory ruling shall be acted upon by the Board. It shall, however, be the responsibility of Board staff to initially review and consider all petitions requesting a declaratory ruling and to prepare and make a recommendation to the Board regarding final Board action and disposition on such petitions. The petitioning party shall be given notification of the recommended action and disposition prior to the matter of the petition being presented to the Board for its action and at the Board meeting, the petitioning party may appear and be heard concerning the action and disposition recommended.

Okla. Admin. Code § 785:1-5-6