SECTION 380:80-1-8. Application for an exception

(a)   A person may apply for an exception to the provisions of this chapter by filing a written application for an exception, along with supporting documentation, with the Department of Labor.

(b)   The application shall contain the following:

(1)   the section number of any applicable rules or codes;

(2)   the type of relief desired, including the exception requested and any information which may assist the Department of Labor in comprehending the requested exception;

(3)   a concise statement of facts which supports the applicant's request for the exception, such as the reason for the exception, the safety aspects of the exception, and the social and/or economic impact of the exception;

(4)   for all stationary installations, a description of the acreage and/or address upon which the subject of the exception will be located. The description shall be in writing and shall include:

(A)   a site drawing;

(B)   sufficient identification of the site so that determination of property boundaries may be made;

(C)   a plat from the applicable appraisal district indicating the ownership of the land; and

(D)   the legal authority under which the applicant, if not the owner, is permitted occupancy.

(5)   the name, business address, and telephone number of the applicant and of the authorized agent, if any;

(6)   an original signature, in ink, by the party filing the application or by the authorized representative;

(7)   a list of the names and addresses of all interested entities as defined in subsection (c) of this section.

(c)   The applicant shall provide notice of the application for an exception as follows:

(1)   The applicant shall send a copy of the written application and supporting documents by certified mail, return receipt requested, to all affected entities as specified in paragraphs (2), (3), and (4) of this subsection on the same date on which the form is filed with or sent to the Department of Labor. The applicant shall include a notice to the affected entities that any objection shall be filed with the Department of Labor within 30 calendar days of the date of postmark. The applicant shall file all return receipts with the Department of Labor as proof of notice.

(2)   If an exception is requested on a stationary site, the affected entities to whom the applicant shall give notice shall include but not be limited to:

(A)   persons and businesses owning or occupying property within a radius of 600 feet of the site;

(B)   the city clerk or fire marshal, if the site is within municipal limits; and

(C)   the Board of County Commissioners of the county where the site is located, if the site is not within any municipal limits.

(3)   If an exception is requested on a nonstationary site, affected entities to whom the applicant shall give notice include but are not limited to:

(A)   the Oklahoma Department of Transportation; and

(B)   all CNG loading and unloading facilities utilized by the applicant.

(4)   the Department of Labor may require an applicant to give notice to persons in addition to those listed in paragraphs (2) and (3) of this subsection if doing so will not prejudice the rights of any entity.

(d)   Objections to the requested exception shall be in writing, filed with the Department of Labor within 30 calendar days of the postmark of the application, and shall be based on facts that tend to demonstrate that, as proposed, the exception would have an adverse effect on public health, safety, or welfare. The Department of Labor may decline to consider objections based solely on claims of diminished property or aesthetic values in the area.

(e)   The Department of Labor shall review the application within 21 business days of receipt of the application. If the Department of Labor does not receive any objections from any affected entities as defined in subsection (c) of this section, the Commissioner of Labor may administratively grant the exception if the Commissioner of Labor determines that the installation, as proposed, does not adversely affect the health or safety of the public. The Department of Labor shall notify the applicant in writing after the end of the 30-day objection period and, if approved, the installation shall be commenced, with permits pulled, within one year from the date of approval and installed within two years from the date of approval. The Department of Labor shall also advise the applicant at the end of the objection period as to whether any objections were received and whether the applicant may proceed. If the Commissioner of Labor denies the exception, the Department of Labor shall notify the applicant in writing, outlining the reasons and any specific deficiencies. The applicant may modify the application to correct the deficiencies and resubmit the application or may request a hearing on the matter. To be granted a hearing, the applicant shall file a written request for hearing within 14 calendar days of receiving notice of the administrative denial.

(f)   A hearing shall be held when the Department of Labor receives an objection as set out in subsection (d) of this section from any affected entity, or when the applicant requests one following an administrative denial. The Department of Labor shall mail the notice of hearing to the applicant and all objecting entities by certified mail, return receipt requested, at least 21 calendar days prior to the date of the hearing. Hearings will be held in accordance with the Administrative Procedures Act and this chapter.

(g)   After hearing, exceptions to this chapter may be granted by the Department of Labor if the Department of Labor finds that granting the exception for the installation, as proposed, will not adversely affect the safety of the public.

(h)   A request for an exception shall expire if it is inactive for 90 calendar days after the date of the letter in which the applicant was notified by the Department of Labor of an incomplete request. The applicant may resubmit an exception request.

[Source: Added at 32 Ok Reg 735, eff 6-30-15 (emergency); Added at 33 Ok Reg 1735, eff 9-15-16]