SECTION 485:1-1-5. Rules and regulations

(a)   Adoption, amendment, or repeal of rules. The adoption, amendments, filing, or repeal of rules will be in accordance with the Oklahoma Administrative Procedures Act.

(b)   Petition requesting promulgation, amendment or repeal of a rule.

(1)   Any person may petition the Board in writing requesting the promulgation, amendment, or repeal of a rule. The petition shall include the language of the requested rule, amendment or repeal, a statement of the purpose of the requested rule, amendment or repeal, at least one example of a fact situation to which the rule, amendment or repeal will apply, and the name and address of the person who requested the rule, amendment or repeal. If the requesting party is an association or corporate body, the petition shall identify a contact person at the association or corporate body who is able to provide meaningful information about the request.

(2)   A petition requesting promulgation, amendment or repeal of a rule shall not be considered by the Board if the subject of the Petition is the same as or similar to the subject presented in a Petition and considered by the Board within the previous twelve (12) months.

(3)   The petition shall be cosigned by at least ten persons.

(4)   The petition shall be submitted to the Board not less than forty five (45) days prior to a regular meeting.

(5)   The Board, on its own motion or upon the request of any other interested party, may require any petitioner to provide additional information, as may be specified by the Board, for use in the Board's consideration and disposition of the petition. The failure of the petitioner to provide such information shall constitute grounds for the Board to take no further action on a petition.

(6)   The Board shall refer the petition to its counsel for legal consideration. In addition, the Board may refer the petition to an appropriate advisory committee or subcommittee for review prior to the Board's action. The advisory committee or subcommittee review and recommendation shall not constitute Board action. Upon completion of the study period, the petition shall be referred to the Board with the recommendation of the committee, if any.

(7)   If the Board determines the requested action or some other action should be taken, then notice of the proposed action shall be published in accord with the Administrative Procedures Act and the matter shall be set for public hearing. At the time and place designated for the public hearing, proponents and opponents of the proposed rulemaking action may be heard in the manner and order prescribed by the Board at that time.

(8)   At the Board meeting during which the public hearing is held or immediately thereafter the Board shall render its decision on the petition and shall take such action as it deems necessary and appropriate and as authorized by the Administrative Procedures Act to implement its decision.

(c)   Declaratory Rulings.

(1)   Any person or group may petition the Board for a declaratory ruling as to the applicability of any rule or order of the Board and any other person or group may file a response.

(2)   A petition for declaratory ruling shall be signed by the person or association making the request and shall include a concise statement of the facts and the law supporting the request.

(3)   The Board may request the petitioner or any respondent to submit any information it deems pertinent to the inquiry or useful in resolving the issue, including oral and documentary evidence and citations of legal authority.

(4)   The agency shall refer the petition to its counsel. The Board may refer the petition to an appropriate advisory committee or subcommittee for its review and a recommendation. The advisory committee or subcommittee may hold a hearing, take testimony of witnesses, require submission of legal memoranda, and hear argument of counsel just as the Board can do. The findings or recommendations of the advisory committee or subcommittee shall not constitute Board action. Upon completion of the period of study, whether the assigned committee held a hearing or not, the petition shall be referred to the Board with the recommendation of the committee.

(5)   Upon receipt of the committee's recommendation in the Board office, Board staff shall have not less than thirty (30) days in which to disseminate the recommendation to the Board members so that it can be addressed at the next regularly scheduled Board meeting.

(6)   The declaratory ruling or the refusal to issue such a ruling shall be ordered by the Board on or before the next scheduled meeting of the Board following completion of the period of study and referral of the petition back to the full Board for action.

(7)   The agency shall give reasonable notice to the petitioner and any respondents to the petition in advance of the Board making a final ruling and the Board shall accompany any ruling with written findings of fact and conclusions of law.

[Source: Amended at 8 Ok Reg 3575, eff 9-20-91 (emergency); Amended at 9 Ok Reg 2099, eff 6-11-92; Amended at 27 Ok Reg 1024, eff 7-1-10]