Okla. Admin. Code § 376:1-1-14

Current through Vol. 42, No. 6, December 2, 2024

Section 376:1-1-14 - Declaratory rulings

(a) An individual may file a request for interpretation or applicability of a specific rule adopted by the Council on Judicial Complaints.

(b) A request for a declaratory ruling shall be typewritten and shall be mailed or delivered to the Administrative Secretary. The request shall include:

(1) the name, address and telephone number of the person making the request;

(2) the name, address and telephone number of the agency or organization the person represents, if any;

(3) a concise description of the problem or issue that is the basis for the request;

(4) a statement of the facts;

(5) identification of the specific rule on which the declaratory ruling is sought;

(6) the specific questions to be answered by the Council; and,

(7) allegations that the application of the rule interferes with or impairs the legal rights of the person requesting the ruling.

(c) A request for declaratory ruling shall not automatically stay enforcement of complaint investigation or process.

(d) The Council may consider the request at the next meeting or defer action pending an investigation or hearing. The Council may direct that the person requesting the ruling present evidence or testimony in support of the request.

(e) The Council shall provide a written explanation of its ruling on the request within ninety (90) days of receipt of the request. Failure to answer the request within ninety (90) days shall be considered denial of the request.

(f) The person making the request shall be notified of the Council's action in writing by certified mail.

(g) The declaratory ruling shall apply only to the person requesting the ruling, unless otherwise stated by the Council.

(h) Copies of declaratory rulings shall be numbered, indexed and maintained by the Administrative Secretary at the offices of the Council on Judicial Complaints. They shall be available for public inspection or copying during regular office hours. Confidential information contained within a declaratory ruling shall be edited to protect the confidential nature of the complaint process.

Okla. Admin. Code § 376:1-1-14

Added at 16 Ok Reg 2531, eff 6-25-99