SECTION 245:2-1-14. Filing and disposition of petitions for declaratory rulings

(a)   Any person may file a request for a declaratory ruling by the Board as to the application or enforcement of any Rule or Statute to a given set of circumstances. Such request shall be in writing, signed by a person seeking the ruling, state the Rule or Statute involved and contain a brief and concise statement of facts to which the ruling shall apply. Requests shall be submitted to the Board at its office, either in person, by mail, or electronic media and may be in any form. The Board will consider the request at its next regular or special meeting unless the question has been resolved by prior ruling of the Board, in which event the petitioner shall be promptly notified of the prior ruling.

(b)   The Board may defer action or hold such request on its agenda pending any investigation or hearing which the Board might conduct. The Board shall issue the requested rulings promptly upon the determination thereof or send an explanation to the petitioner stating why a ruling will not be issued. Unless a ruling states otherwise, rulings contemplated herein shall constitute precedent for the purpose of the Board's application and enforcement of the Rules in this Chapter and Statutes until revoked or overruled by the Board or the Courts. Such rulings shall be indexed by Statute section or Rule and shall be available for inspection by members of the public at the Board office. With respect to indexed rulings, the Board may delete nonessential and repetitive information and may edit any ruling to protect proprietary or confidential information.

[Source: Added at 10 Ok Reg 2245, eff 6-11-93; Amended at 18 Ok Reg 3018, eff 7-12-01]