SECTION 260:30-1-12. Requests for declaratory rulings

(a)   A party may request that the Administrator issue a declaratory ruling with regard to any matter relating to the party's interests and involving the administration of Section 34.70. A request for declaratory ruling must be in writing and signed in accordance with the rules in this Chapter. No particular form is required. A request for declaratory ruling shall include the following:

(1)   The name and address and organizational affiliation, if any, of the requesting party, and the title of any representative filing the request; and

(2)   A clear and concise explanation why a declaratory ruling is needed, including such facts, names, citations of law and administrative rules that may be relevant to the matter.

(b)   The Administrator will acknowledge receipt of the request for declaratory ruling within 15 days after receipt. If the request is repetitive, concerns a matter that in the Administrator's judgment is inappropriate for a declaratory ruling, or concerns a matter beyond the Administrator's scope of authority, the request may be denied and the party so advised.

(c)   If a request for declaratory ruling names or will directly, materially and adversely affect another party, the Administrator shall provide the other party with written notice and afford such party an opportunity to respond in writing. Any response must be filed with the Human Capital Management Division of the Office of Management and Enterprise Services within 15 days after the date notice was mailed.

(d)   The Administrator will consider a request for declaratory ruling and issue a decision within 30 days after receipt, unless additional time is deemed necessary in which event the requestor will be so advised and given the reasons therefore.

[Source: Added at 31 Ok Reg 1346, eff 9-12-14]