SECTION 505:1-5-7. Request for declaratory ruling

  Any person affected by any rule or order promulgated or issued by the Board, or wishing to determine the validity or applicability of a Board rule, or one of its authorized agents may request in writing to the Board an interpretation or declaratory ruling regarding the application of such a rule or order to the facts furnished with the request.

(1)   Filing and contents of petition. The petition shall be styled similarly to an ex parte petition filed in a court of law in this State, and shall be filed with the Executive Director of the Board in triplicate. It shall state fully, clearly and concisely the rule or order involved or affected, and state the facts giving rise to the need for such ruling, giving all pertinent data necessary for consideration.

(2)   Consideration of petition by Board; refusal to issue ruling.

(A)   The Petition will be considered preliminarily at the next regular meeting of the Board or at a special meeting called to hear the petition, but in either event, a hearing shall be held on said petition within ninety (90) days after received by the Executive Director, and the petitioner shall be notified promptly of the date by the Executive Director and shall be entitled to be present in person or represented by counsel. At this meeting the Board shall determine whether or not to issue a ruling or to continue the matter for hearing upon the petition. The Board may refuse to entertain a petition for a declaratory ruling if it determines:

(i)   that the facts stated in the petition do not afford an adequate basis therefore, or

(ii)   that the experience under the rule or order is not adequate to enable it to make an effective or proper ruling, or

(iii)   that the request is premature, or

(iv)   that the request is one that should be handled through rule-making procedure, or that there exist other conditions rendering a declaratory ruling in opportune.

(B)   If the Board determines to entertain the petition for the declaratory ruling, it may issue the ruling at its meeting or it may continue the matter to a day certain for further consideration and for hearing of evidence and argument if necessary.

(C)   If the applicant is not represented at the preliminary consideration, he shall be notified of the ruling if one is issued, in accordance with the rules respecting notice of orders; or, if the matter is continued, he shall be notified of the continuance in accordance with the rules respecting notice of hearings in individual proceedings. If the applicant is present or is represented at the preliminary consideration, no further notice of the subsequent hearing than announcement in open meeting is necessary; but the applicant shall receive a written copy of any ruling that is issued, as in the case of orders.

(3)   Request for formal hearing. A petitioner for a declaratory ruling in his petition or by written motion prior to or at the preliminary consideration may request a formal hearing at which to present evidence in support of his petition, setting forth the substance of the facts to be proved, if they do not appear in his petition. The Board thereupon will set the matters for formal hearing within sixty (60) days from the date of the preliminary consideration, and notice shall be given as prescribed in (2) of this Section.

(4)   Joining of other parties affected by rule. If, at any time, it appears from the papers filed or from evidence adduced that the interests of persons other than the petitioner are so affected by the requested ruling that it is improper to entertain the proceedings without hearing them, the Board may refuse to issue a declaratory ruling, or, in its discretion, it may require them to be made parties, and if the matter can be so handled consistently with the public interest and the efficiency of the Board's procedures, then in that event, notice shall be served upon them, as in individual proceedings, and the matter will be governed thereafter by the procedure applicable to individual proceedings.

(5)   Issuance of the ruling. If the Board, conducts a hearing upon a petition for a declaratory ruling, at the conclusion of the hearing it may issue the ruling or it may decline to do so upon any of the rounds specified in (2) and (4) of this Section or upon any other legal grounds.

[Source: Amended at 34 Ok Reg 1872, eff 9-11-17]