SECTION 450:1-1-9. Procedures to secure a declaratory ruling as to the applicability of any rule or order of ODMHSAS

(a)   Any person subject to the rules contained in rules of ODMHSAS (Oklahoma Administrative Code Title 450) may petition for a declaratory ruling as to the applicability of a specific rule and its effect on petitioner. 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 at 2000 N. Classen, Suite E600, Oklahoma City, OK 73106;

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

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

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

(5)   The petitioner or 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 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.

(c)   The petitioner shall be notified of the declaratory ruling in writing by the U.S. Postal Service's Certified Mail with Return Receipt Requested.

(d)   The ruling shall become final unless, within 10 days, the petitioner files with the Rules Liaison a written request for a hearing before the Board. 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 ten (10) calendar days or more prior to the meeting. If the request is filed less than ten (10) 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 Department staff shall be permitted to present oral argument to the Board, the length of which shall be limited by the chair of the Board. At the conclusion of the presentation of the matter, the Board shall render a decision on the petition and a written decision shall follow within 10 days.

(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 10 Ok Reg 3087, eff 7-1-93; Amended at 16 Ok Reg 1466, eff 7-1-99; Amended at 18 Ok Reg 2649, eff 7-1-01; Amended at 19 Ok Reg 1346, eff 7-1-02; Amended at 24 Ok Reg 2554, eff 7-12-07; Amended at 34 Ok Reg 1771, eff 10-1-17]