SECTION 310:2-21-29. Reconsideration of long-standing interpretations by the Department and final orders

(a)   Long-standing interpretations. If the Department certifies that an interlocutory decision made by an assigned administrative law judge reverses or materially alters a long-standing interpretation of a rule or statute that is within the administrative or regulatory purview of the Department and that such interpretation would materially affect the outcome of a proceeding, upon request by the Department, the administrative law judge shall grant the Department an evidentiary hearing to demonstrate the longevity and appropriateness of the long-standing interpretation before pronouncing the interlocutory decision. The interlocutory decision shall uphold the Department's long-standing interpretation if the Department successfully demonstrates that the interpretation has been adhered to for at least the last five (5) years, or since the statute or rule was passed or last amended if less than five (5) years since enactment, and that the Department's interpretation is reasonably based upon the language of the statute or rule at issue. Each party may file a Memorandum of Law not to exceed five (5) pages in length regarding the matter in dispute within five (5) days of the assigned administrative law judge's initial, disputed ruling. The Memoranda shall be submitted simultaneously and no reply or response will be permitted. The administrative law judge shall render a decision on the matter within five (5) days of submission of the Memoranda or the evidentiary hearing, whichever is later.

(b)   Final decisions. If the Department is aggrieved by a final agency order the Department may request reconsideration of the decision to the Commissioner of Health. The Commissioner of Health, or his designee, shall receive an Application for Reconsideration with a brief in support that complies with section 310:2-21-17 within ten (10) days of the entry of the final agency order. Any party opposing the application may file a response and brief in support that complies with section 310:2-21-17 within ten (10) days of the date the application is filed. The grounds for such application shall be governed by 75 O.S. § 317. The Commissioner of Health may hold a hearing on the matter and shall render a decision on the application within twenty (20) days of its submission and the decision rendered by the Commissioner of Health shall be considered the final agency order in the proceeding before the Department.

[Source: Added at 27 Ok Reg 2496, eff 7-25-10]