SECTION 55:10-3-10. Filing and disposition of petitions for declaratory rulings  


Latest version.
  • (a)   Any individual may file a request for a declaratory ruling by the Board as to the application or enforcement of any Rules or statute to a given set of circumstances. Such requests shall be in writing, signed by the individual seeking the ruling, state the Rule or statute involved and contain a brief and concise statement of facts to which the ruling shall apply. Requests shall be submitted to the Board at its office, either in person or by mail and may be in any form that meets the requirements stated. The Board will consider the request at its next regular or special meeting unless the question has been resolved by prior ruling of the Board, in which event the petitioner shall be promptly notified of the prior ruling.
    (b)   The Board may defer action or hold such requests on its agenda pending any investigation or hearing which the Board might conduct. The Board shall issue the requested rulings promptly upon the determination thereof or send an explanation to the petitioner stating why a ruling will not be issued. Unless a ruling states otherwise, rulings contemplated herein shall constitute precedent for the purpose of the Board's application and enforcement of the Rule in this Chapter and statutes until revoked or overruled by the Board or the Courts. Such rulings shall be indexed by statute section or Rules and shall be available for inspection by members of the public at the Board office. With respect to indexed rulings, the Board may delete nonessential or repetitive information and may edit any ruling to protect proprietary or confidential information.
[Source: Amended at 19 Ok Reg 2555, eff 7-15-02; Amended at 24 Ok Reg 815, eff 5-11-07]