SECTION 450:1-1-11. Procedures to request suspension of rules for performance improvement study

(a)   Any person or entity subject to the rules contained in rules of ODMHSAS (Oklahoma Administrative Code Title 450) may petition for a suspension of a particular rule or rules as applied for by the petitioner if necessary for the petitioner to undergo performance improvement studies to determine the validity of the rule or rules and such study is being funded by either a state or federal authority.

(b)   In petitioning ODMHSAS for a declaratory ruling, the following procedures must be followed:

(1)   The petition must be in writing and submitted to the Rules Liaison of ODMHSAS in person at 2000 N. Classen, Suite E600, Oklahoma City, OK 73106;

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

(3)   The petition shall state clearly and with specificity the bases for the suspension, the funding source of the study, and the time period the suspension will be needed; and

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

(c)   The petition will be stamped upon receipt by ODMHSAS to show the date of submission. The petition shall be referred to the appropriate staff persons to make a recommendation to the Commissioner, who shall issue a ruling within 30 days.

(d)   The petitioner shall be notified whether the suspension is granted in writing by the U.S. Mails, certified mail, return receipt requested.

[Source: Added at 24 Ok Reg 2554, eff 7-12-07; Amended at 34 Ok Reg 1771, eff 10-1-17]