SECTION 140:1-5-5. Petitions for rule-making  

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  • (a)   Any interested person may petition the Board in writing to promulgate, amend or repeal a rule.
    (b)   The Board shall maintain a permanent docket concerning petitions for the promulgation, amendment or repeal of a rule. At the time such a petition is filed, it shall be numbered, and the number of the petition, the date of filing, the designation of the action sought, and the name and address of the person who filed the petition shall be shown. The address shall include the city, state, street number or post office box and zip code.
    (c)   The petition must be filed with the Board in duplicate and shall be typewritten, except as may be waived by the Board upon written request.
    (d)   The petition shall contain the following information as applicable and except as may be waived by the Board:
    (1)   A statement of the legal authority and jurisdiction under which the petition is filed;
    (2)   The exact language of the proposed rule, amendment, or repeal requested;
    (3)   A statement and legal references which show that the requested rule, amendment or repeal is not in conflict with any existing rule, ruling, order or opinion of the Board or any policy or provision of the Act or APA, or that any earlier rule, ruling, order or opinion should be set aside or modified;
    (4)   A statement of the purpose of the requested rule, amendment or repeal and at least one example or fact situation to which the rule, amendment or repeal will apply; and
    (5)   The name and address of the person who requested the rule, amendment or repeal. In the event the request is made by an association, the request shall also include the name and address of a contact person at said association who is able to provide meaningful information related to the request.
    (e)   The petition shall be submitted for study for a maximum period of ninety (90) days.
    (f)   The Board, on its own motion or upon the request of any other interested party, may require any petitioner to provide additional information, as may be specified by the Board, for use in the Board's consideration and disposition of a petition. The failure of a petitioner to provide additional requested information shall constitute grounds for the Board to take no action on a petition.
    (g)   Upon completion of the study period, the Board, during a regular or special meeting shall meet to consider the merits and proper disposition of the petition. Not less than ten (10) days prior to such meeting, the Secretary-Treasurer shall notify the petitioner in writing of the date, time, and place such petition shall be considered, and the Board may request petitioner's presence for purposes of argument or submission of other information related to the petition.
    (h)   At the time and place designated for the public hearing, proponents and opponents of the proposed rule, amendment or repeal of a rule may be heard in the manner and order set forth by the Board at that time.
    (i)   At the conclusion of the public hearing, the Board shall render its decision on the petition. In the event the Board concurs with the action indicated in the petition, it shall take immediate steps as provided under 140:1-5-2 through 140:1-5-4 to adopt, amend, or revoke the subject rule. In the event the Board does not concur with the requested action, it shall within five (5) days of its consideration notify the petitioner of its nonconcurrence in writing, specifying the reasons for nonconcurrence.
    (j)   Dissatisfied parties may request a rehearing, reopening or reconsideration within ten (10) days from the date action by the Board in the manner allowed by the APA at 75 O.S.1991, §317, or its successor statute.
[Source: Amended at 11 Ok Reg 4547, eff 8-25-94]