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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 460. Department of Mines |
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Chapter 3. Non-Coal Rules of Practice and Procedures |
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Subchapter 1. General Provisions |
SECTION 460:3-1-6. Requests for declaratory rulings
Latest version.
- (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.