Okla. Admin. Code § 475:1-1-3

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

Section 475:1-1-3 - [Effective until 9/14/2025] Requests for declaratory rulings

(a) The Director or duly authorized agent may issue declaratory rulings as to the applicability of any rule or order of the Bureau, which is requested by or on behalf of a person directly affected thereby, subject to the terms and conditions set forth in this section.

(b) A declaratory ruling petition must be in writing to the Bureau and must include the following information:

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

(2) The name, address, and telephone number of the organization the person represents, if applicable;

(3) The date of the request;

(4) The issue(s) on which a declaratory ruling is requested, stated clearly and concisely;

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

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

(7) The signature of the petitioner or the authorized agent of the petitioner.

(c) The Director may deny the request if it is repetitive, concerns a matter that in the Director's judgment is inappropriate for a declaratory ruling, or concerns a matter beyond the Director's authority.

(d) The Director may request additional information from the petitioner as deemed necessary to issue a declaratory ruling. Failure to provide the requested information shall result in denial of the petition to issue the declaratory ruling.

(e) 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 the Bureau, its duly authorized agents, and their successors only prospectively;

(4) The declaratory ruling shall bind the Bureau, its duly authorized agents and their successors as to transactions of the petition that occur within three (3) years after the date of the issuance of the declaratory ruling; and

(5) The declaratory ruling may be revoked, altered, or amended by the Bureau at any time.

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

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

(2) A pertinent change is made in the Bureau'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) The actual facts are determined to be materially different from the facts set out in the petitioner's declaratory ruling petition.

(g) The Bureau will make a good faith effort to issue a declaratory ruling within ninety (90) days from the date of receipt of a complete and proper petition unless, in the Director's discretion, the issue is of such complexity or novelty that additional time is required.

(h) The Bureau may, in its discretion, deny a petition for declaratory ruling for good cause. In this instance, the Bureau will indicate in a letter the reason(s) for refusing to issue the declaratory ruling.

(i) The petitioner may withdraw the petition for a declaratory ruling in writing prior to the issuance of the declaratory ruling.

Okla. Admin. Code § 475:1-1-3

Adopted by Oklahoma Register, Volume 42, Issue 1, September 16, 2024, eff. 8/16/2024, exp. 9/14/2025 (Emergency)