SECTION 130:1-1-10. Petitions for declaratory rulings

(a)   Any person may petition the Commission for a ruling as to the application of any rule or order. The petition shall:

(1)   be in writing;

(2)   refer to the rule or order involved;

(3)   state the nature and purpose of the declaratory ruling sought;

(4)   state the fact situation with respect to which the declaratory ruling is sought; and,

(5)   list the name and address of the person requesting the ruling.

(b)   The Commission may require any petitioner to provide additional information. A petition is not considered final until all requested information has been submitted. The failure to provide additional information shall be deemed to be a withdrawal of the petition.

(c)   Official rulings may be made by and at the discretion of the Commission as to the applicability of any rule or order. Generally, an official ruling will only be given if it is shown that an actual case, controversy or issue is in contemplation on the hypotheses presented and that unreasonable hardship, loss or delay would result if the matter were not determined in advance.

(d)   The declaratory ruling requested or refusal to issue such ruling shall be issued within thirty (30) workdays from receipt of the final petition, and shall be subject to review in accordance with the Administrative Procedures Act [75:307].

[Source: Added at 13 Ok Reg 3971, eff 9-11-96 through 7-14-97 (emergency); Added at 14 Ok Reg 3431, eff 8-11-97; Amended at 19 Ok Reg 2567, eff 7-11-02]