Okla. Admin. Code § 800:1-9-3

Current through Vol. 41, No. 24, September 3, 2024

Section 800:1-9-3 - Petitions for declaratory rulings

(a)General provisions. Any interested person may petition the Commission to request a declaratory ruling on the applicability of one or more rules. The Department shall keep the Commission informed about petitions received and may make recommendations as to the final disposition of each. The Department shall maintain records containing petitions and rulings or orders issued by the Department or Commission.

(b)Form and content of petition. All such petitions shall be in writing and filed with the Director. The petition must specify how any rule or order interferes with or impairs, or threatens to interfere with or impair, their legal rights. Petitions to the Commission for declaratory rulings shall be in the following form and contain the following information:

(1) Petitions shall be submitted in legible typewritten form, with the original copy submitted, and shall be submitted in person or by mail to the Director.

(2) Petitions must clearly identify the submitting party or parties by name, address, official title, and complete business address and must include a clear statement reflecting the interest of the submitter(s) in such petition and the action to which it pertains and the real party(ies) of interest if the submission is by an agent or attorney.

(3) Every petition must clearly state that such is for issuance of a declaratory ruling as to the applicability of a specifically identified rule or rules. A petition may pertain to only one subject area and individual petitions are required for separate subjects. Separate petitions may be required for individual sections of rules.

(4) If the petition requests a declaratory ruling of the Commission as to a rule, the complete verbatim text of the existing rule shall be restated therein or attached as an appendix to the petition. If the petition pertains to a request to modify or reconsider a previous ruling or order of the Commission, the, a copy of the previous order or ruling shall be clearly referred to or attached as an Appendix to the Petition and the petition shall clearly identify the pertinent portions of such order or ruling which are the subject of the request, and shall clearly set forth the matter(s) the Commission is to consider and the action(s) the Commission is requested to take.

(5) All petitions must clearly state the factual basis, reason, legal grounds and authorities, public policy, evidence and technical justifications for each action requested of the Commission. All available supporting documents, records, studies and information bearing on the issue and available to the petitioner(s) must accompany the petition. The petition shall also contain or be accompanied by the names and addresses of all persons known to the petitioner(s) who are concerned with the subject matter of the petition or who may have interests which may be adversely affected by the proposed actions sought by petitioner(s).

(6) All petitions must be signed and endorsed by the petitioning party (ies) or their legal representative(s) and notarized.

(c)Actions on petitions. All petitions shall be examined to determine whether the procedural requirements have been met and whether the facts, justifications, legal authorities, and other submissions afford a reasonable basis for the requested declaratory ruling. Petitions which are not in proper form or which lack the necessary reasonable basis for consideration by the Commission will be returned to the submitter(s) or may be summarily denied. Petitioners will be notified of any hearing which may be afforded on the Petition and of any Commission meeting, if any, at which the petition may be considered. Action on petitions for declaratory rulings may be taken at a regularly scheduled meeting of the Commission, at any hearing scheduled in connection with the petition pursuant to the APA and rules of the Commission for individual proceedings, or by the Director upon request by the Commission, in accordance with this Subchapter.

(d)Determination. Petitions for declaratory rulings may be finally determined by the Commission or by the Director upon request of the Commission. The Department shall generally assist the Commission in providing documentation and advice relevant to any Petition and may assist the Commission in holding any appropriate hearings, providing a hearing examiner, preparing proposed findings of fact and conclusions of law, preparing proposed orders or rulings, or taking other related actions. Rulings shall state the findings and conclusions upon which they are based. If the Commission refuses to make a ruling, then the petition shall be deemed to have been denied. If the Commission commences an individual proceeding on the petition, it shall offer an opportunity for a hearing to the petitioner. After the issuance of a ruling or final order, the Department shall provide a copy of the ruling or final order to Commission members and the petitioner.

Okla. Admin. Code § 800:1-9-3

Added at 15 Ok Reg 3500, eff 7-13-98