Okla. Admin. Code § 810:1-1-5

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

Section 810:1-1-5 - Petition for declaratory ruling relating to rules

(a) Whenever any person has an actual controversy over the applicability of a specific rule in this Title, that person may petition the Commission for a declaratory ruling as to the applicability of the rule and its effect on the petitioner. In petitioning the Commission for a declaratory ruling, the following procedures must be followed:

(1) The petition must be in writing and submitted to the Executive Director, 1915 North Stiles Avenue, Oklahoma City, Oklahoma 73105;

(2) The petition shall state with specificity the rule in question;

(3) The petition shall state clearly and with specificity the basis for the action and the action or relief sought;

(4) The petition shall pose the specific question(s) to be answered by the Commission;

(5) The petitioner must allege that an actual controversy exists over the applicability of the rule and must state with specificity the nature of the controversy;

(6) The petitioner must have an interest which is directly affected by the rule in which a ruling is requested and must plainly state that interest in the petition;

(7) The petition must be accompanied by a memorandum setting forth all relevant facts and law in support thereof; and

(8) The petitioner or the petitioner's authorized representative shall print his or her name, address and telephone number on the petition and sign it.

(b) On receipt of the petition, the Commission may:

(1) conduct such hearing, investigation or inquiry as it deems proper;

(2) issue a written ruling; or

(3) decline to make a ruling when:

(A) The Commission lacks jurisdiction over the issue or issues presented;

(B) There is no actual controversy;

(C) The petitioner would not be directly affected by a resolution of the issue presented;

(D) The petitioner does not provide sufficient facts or other information on which the Commission may base a ruling;

(E) The issue on which a determination is sought is or should be the subject of other administrative or civil litigation or appeal; or

(F) It appears to the Commission that there is other good cause why a declaratory ruling should not be made.

(c) The petitioner shall be informed in writing within a reasonable period of time of the Commission's disposition of the matter.

Okla. Admin. Code § 810:1-1-5

Adopted by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015