Okla. Admin. Code § 442:1-1-14

Current through Vol. 42, No. 7, December 16, 2024

Section 442:1-1-14 - Declaratory rulings

(a) Pursuant to 75 O.S. § 307, the OMMA Executive Director or their duly authorized agent may issue declaratory rulings, as to the applicability of any rule, principle of law, and/or order of OMMA. OMMA licensees and the OMMA shall be the only parties with standing to seek a declaratory ruling.

(b) A petition for a declaratory ruling must be made in writing and filed with the OMMA pursuant to OAC 442:1-1-8.

(c) A petition for a declaratory ruling must specifically state:

(1) That a "declaratory ruling is requested pursuant to OAC 442:1-1-14";

(2) The name of the licensee to whom the facts presented in the petition for declaratory ruling applies;

(3) The physical address of the licensee to whom the facts presented in the petition for declaratory ruling applies;

(4) The mailing address of the licensee to whom the facts presented in the petition for declaratory ruling applies;

(5) The license number of the licensee to whom the facts present in the petition for declaratory ruling applies;

(6) The physical address of the licensee;

(7) The issue(s) on which declaratory ruling is requested, stated clearly, concisely, and with particularity;

(8) A complete, clear, and concise statement of all relevant facts on which the declaratory ruling is requested;

(9) Whether the issue, as it regards the petitioner, is presently the subject of administrative action before OMMA;

(10) The petitioner's desired result and the legal basis for that result, including reference to all applicable statutes, rules, regulations, and case law;

(11) The signature of the individual appearing on the petitioner's behalf pursuant to OAC 442:1-1-5.

(d) In conjunction with the submission of the petition for declaratory relief, the petitioner may submit a proposed declaratory ruling granting the relief sought in the declaratory petition.

(e) OMMA may require additional information from the petition as deemed necessary to issue a declaratory ruling. Failure by petition to provide the requested information shall result in denial of the petition to issue the declaratory ruling.

(f) A declaratory ruling shall have the following effect:

(1) The declaratory ruling shall apply only to the particular fact situation stated in the declaratory ruling petition;

(2) The declaratory ruling shall apply only to the petitioner;

(3) The declaratory ruling shall bind OMMA, its duly authorized agents, and representatives as to the petitioner only prospectively;

(4) The declaratory ruling may be revoked, altered, or amended by OMMA at any time.

(g) The declaratory ruling shall cease to be binding if:

(1) A pertinent change is made in the applicable law;

(2) A pertinent change is made in the OMMA's rules;

(3) A pertinent change in the interpretation of the law is made by a court of law or by an administrative tribunal; or

(4) OMMA determines the actual facts are materially different from the facts set out in the petitioner's declaratory ruling petition;

(h) OMMA may in its sole discretion decline to issue a declaratory ruling for the following reasons:

(1) The petition does not comply with the information required by this Section;

(2) The petition involves hypothetical situations or alternatives;

(3) The petition requests OMMA make a determination as to whether a statute or rule, or application thereof, is constitutional under the Oklahoma Constitution or the United States Constitution;

(4) The fact(s) or issue(s) presented in the petition are unclear, overbroad, insufficient or otherwise inappropriate as a basis upon which to issue a declaratory ruling;

(5) The issue(s) about which the declaratory ruling is requested is primary one of fact;

(6) The issue is presently being considered in the rulemaking proceeding or the issue is the subject of investigation, audit, administrative proceedings, or litigation;

(7) The issue cannot be reasonably resolved without additional legislative changes or rulemaking;

(8) The petitioner is the subject of an investigation, audit, or administrative proceeding or litigation as it relates to the issue(s).

(9) The petitioner is not identified or is anonymous;

(10) In the opinion of the OMMA, the issue(s) are not ripe or fit for declaratory ruling.

(i) The petitioner may withdraw its petition for a declaratory ruling, in writing, prior to the issuance of the declaratory ruling. Where the petitioner's license expires or is surrendered during the pendency of the declaratory proceeding, the declaratory petition shall be dismissed as moot.

(j) A petition for declaratory ruling shall not be utilized to appeal, reopen, or reconsider an administrative matter in which a final agency order has been issued.

Okla. Admin. Code § 442:1-1-14

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 7/25/2024