SECTION 38:10-1-8. Procedures to secure a declaratory ruling as to the applicability of any rule or order of the Board

(a)   Any person subject to the rules contained in rules of the Board (Oklahoma Administrative Code Title 38) may petition for a declaratory ruling as to the applicability of a specific rule and its effect on petitioner. In petitioning the Board for a declaratory ruling, the following procedures must be followed:

(1)   The petition must be in writing and submitted to the Board in person, or via regular or certified mail;

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

(3)   The petition shall set forth the contents of the rule or order;

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

(5)   The petition shall pose the specific question(s) to be answered by the Board.

(b)   Upon receipt of the petition requesting such declaratory ruling, The Board shall consider the petition and response to the request at its next regularly scheduled Board meeting subsequent to the filing of the petition.

(c)   The Board may entertain oral presentation or argument on the request of the petitioner and, on its own motion, may request such argument or presentation.

(d)   On considering the petition, the Board, in its sound discretion may refuse to issue a declaratory ruling, may decide the issue and determine the validity of the rule or order or the applicability to the petitioner of the rule or order.

(e)   Appeals from declaratory rulings of the Board may be taken in a manner consistent with the Oklahoma Administrative Procedures Act.

(f)   A declaratory ruling or refusal to issue such 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. § 307).

[Source: Added at 23 Ok Reg 127, eff 10-3-05 (emergency); Added at 23 Ok Reg 2177, eff 6-25-06]