SECTION 320:15-1-4. Declaratory ruling

(a)   Any person subject to the rules contained in the rules of the Oklahoma Historical Society (Oklahoma Administrative Code Title 320.) may petition for a declaratory ruling as to the applicability of a specific rule and its effect on the petitioner. In petitioning the Oklahoma Historical Society for a declaratory ruling, the following procedures must be followed:

(1)   The petition shall be in writing and submitted to the Executive Director of the Oklahoma Historical Society via US mail;

(2)   The petition shall state with specificity the rule in question;

(3)   The petition shall state clearly and with specificity the basis for the action and the action or relief sought;

(4)   The petition shall pose the specific question(s) to be answered by the Oklahoma Historical Society; and

(5)   The petitioner or the petitioner's authorized representative shall print his or her name, address, and telephone number on the petition and sign it.

(b)   The petition will be stamped upon receipt by the Oklahoma Historical Society to show the date it was received. The petition shall be referred to the Executive Director of the Oklahoma Historical Society, who shall issue a ruling.

(c)   The petitioner shall be notified of the declaratory ruling in writing by US certified mail, return receipt requested.

(d)   The ruling shall become final unless, within twenty (20) days, the petitioner files with the OHS Administrative Rules Liaison a petition for appeal before the Board, which shall specify in detail the alleged error(s) in the Executive Director's decision, together with arguments in support of the petitioner's claim of the alleged error(s). The Executive Director may file a written response to the petition, if desired, and the Board will render its opinion based upon consideration of the written petition and the written response of the Executive Director, if one is filed. The petition will be set on an agenda of a regularly scheduled meeting and the Board will rule on the matter. If the petitioner requests such a hearing, the matter shall be placed on the agenda of the next scheduled Board meeting if it is filed twenty (20) calendar days or more prior to the meeting. If the request is filed less than twenty (20) days prior to the next scheduled Board meeting, it will be placed on the agenda of the following meeting.

(e)   At the hearing of the matter by the Board, the petitioner and relevant OHS staff shall be permitted to present oral arguments to the Board, the length of which shall be limited by the President of the Board. At the conclusion of the presentation of the matter, the Board will either render a decision or continue the matter at a future meeting.

(f)   A declaratory ruling or refusal to issue such a ruling, shall be subject to judicial review in the manner provided for review of decisions in individual proceedings in the Oklahoma Administrative Procedures Act (75 O.S. Section 307).

[Source: Added at 36 Ok Reg 1124, eff 8-12-19]