SECTION 460:2-1-5. Requests for declaratory rulings

(a)   Any person may request the Director to interpret the applicability of any rule or order of Department by requesting a declaratory ruling. The purpose of a declaratory ruling is to explain, or clarify, a rule or an order of the Director in relation to a particular situation. A request for a declaratory ruling must be in writing, and it must include the following information.

(1)   The name, address and telephone number of the person making the request;

(2)   The name, address and telephone number of the organization the person represents, if applicable;

(3)   The date of the request;

(4)   A description of the problem or issue which is in the reason for the request; and

(5)   The numbers and headings used to identify the rule or order on which the ruling is sought.

(b)   The Director may deny the request if it is repetitive, concerns a matter that in the Director's judgment is inappropriate for a declaratory ruling, or concerns a matter beyond the Director's authority.

(c)   The Director may provide others with written notice of the request for a declaratory ruling and give them an opportunity to respond in writing within 15 days.

(d)   The Director shall issue a declaratory ruling within a reasonable time after the request is received by Department.

(e)   A declaratory ruling or refusal to issue such ruling shall be subject to judicial review in the same manner as provided by Department rules.

[Source: Added at 17 Ok Reg 3168, eff 7-28-00]