Okla. Admin. Code § 93:1-1-6

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

Section 93:1-1-6 - Procedures for declaratory rulings

(a)Definitions. The following words and terms, when used in this Section, shall have the following meaning:

(1)"Declaratory ruling" means an informal declaration as to the applicability of a rule or order in an individual case for the purpose of providing a petitioner with a definitive response to a question about an ambiguity in the law as necessary to allow a petitioner to ascertain legal obligations and comply accordingly.

(b)Petitions for declaratory ruling. Any person affected by a rule adopted by the Oklahoma Broadband Governing Board set forth in this Title or an order issued by the Board may petition for a declaratory ruling as to the applicability of a specific rule or order in a specified set of circumstances involving petitioner. Petitions for a declaratory ruling shall be submitted in accordance with the following procedures:

(1) The petition must be in writing and submitted to the Oklahoma Broadband Governing Board;

(2) The petition shall specifically identify the rule in question by citation to the Oklahoma Administrative Code;

(3) The petition shall pose the specific issue(s) to be answered by the Oklahoma Broadband Governing Board;

(4) The petition shall state clearly and with specificity all factual and legal grounds in support of petitioner's interpretation of the rule or order and shall include:

(A) An allegation of all facts upon which the declaratory ruling is based; and

(B) Copies of all documentation cited by petitioner in support of petitioner's claim attached to the petition;

(5) The petition shall be signed by the petitioner or an authorized representative of the petitioner; and

(6) The petition shall state the name, address, telephone number, and email address of the petitioner or an authorized representative of petitioner at which all notices required by this Section shall be served.

(c)Review of a petition for declaratory ruling. Upon receipt by the Board, the petition will be stamped to show the date of submission, and the Board shall promptly notify the petitioner, the agency's legal counsel, and any other interested parties of the date of the board meeting at which the petition has been set for initial review by the Board. The date set for initial review shall be at least ten (10) calendar days from the date of receipt of the petition by the Board.

(d)Initial review of petition. Upon preliminary review of the petition, the Board may take one of the following actions:

(1) The Board may consider the merits of the petition and issue a ruling at the meeting;

(2) The Board may dismiss the petition on one or more of the following grounds:

(A) The petition was not filed in accordance with the requirements of this Section; or

(B) The request for a declaratory ruling stated in the petition is more appropriately handled through the agency rulemaking process in accordance with the provisions of the Administrative Procedures Act; or

(3) The Board may order a hearing on the matter and specify a date at which petitioner, counsel for the agency and any other individuals or entities deemed interested parties by the Board may present oral argument on the issues raised in the petition. The Board shall prescribe the amount of time allotted for oral argument.

(e)Declaratory ruling. At the conclusion of the presentation of the matter, the Board may render a decision on the petition or continue the meeting for further deliberation at a later date. Upon rendering a decision, a written decision memorializing the Board's decision shall be issued and signed by the Chairman of the Board, and a copy of the decision shall be mailed to Petitioner via certified mail within ten (10) calendar days of the date the decision is rendered.

(f)Judicial review. A declaratory ruling or refusal to issue such ruling, shall be subject to judicial review in the manner provided for review of decisions in individual proceedings set forth in the

Okla. Admin. Code § 93:1-1-6

Adopted by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 9/11/2023