SECTION 45:50-11-3. Petition for rule change or declaratory ruling


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  • (a)   Interested persons may petition the Commission for the promulgation, amendment, or repeal of a rule or petition the Commission for declaratory ruling in the following manner:
    (1)   All petitions for promulgation, amendment, or repeal of rules shall set out in its entirety the requested rule or the suggested amendment or repeal of any rule in effect.
    (2)   All petitions filed for declaratory rulings by the Commission concerning any ruling or order by said Commission shall set out fully the views of the petitioner giving the reasons he has in support of such views.
    (3)   All petitions filed with the Commission on or before the 29th day of the month shall be set for hearing on the Agenda of the Commission at its next regular meeting of the following month; PROVIDED, That for good cause shown to the Director or the Commission by mutual agreement between the petitioner and the legal representative of the Commission, the hearing of the petition may be postponed.
    (4)   The following forms shall be used in petitioning the Commission for promulgation, amendment, or repeal of any rule or declaratory ruling:
    (A)   
    BEFORE THE OKLAHOMA ALCOHOLIC BEVERAGE LAWS ENFORCEMENT COMMISSION
    In the Matter of the Petition for Promulgation, Amendment or Repeal of a Rule
    PETITION
     Comes now the undersigned petitioner and respectfully requests the Commission to: ___________________________ and in furtherance hereof asks that this petition be set for hearing before the Commission on the date of its next regular meeting.
     WHEREFORE, petitioner asks that upon the hearing of the above requested that such relief be granted by the Commission.
        ___________________
        PETITIONER
    (B)   
    BEFORE THE OKLAHOMA ALCOHOLIC BEVERAGE LAWS ENFORCEMENT COMMISSION
    In the Matter of the Petition for a Declaratory Ruling
    PETITION
     Comes now __________________ and respectfully requests the Commission for declaratory ruling upon the following rule or Order heretofore entered by the Commission to wit: ___________________ and in furtherance hereof asks that this petition be set for hearing before the Commission on the date of its next regular meeting.
     WHEREFORE, petitioner asks that the Commission render a declaratory ruling interpreting and outlining the policy of the Commission with regard to the rule and Regulation hereinabove referred to.
        ___________________
        PETITIONER
[Source: Added at 10 Ok Reg 4713, eff 9-17-93 (emergency); Added at 11 Ok Reg 4415, eff 8-11-94]