SECTION 565:1-3-4. Requests for declaratory ruling


Latest version.
  • (a)   Filing of petition for declaratory ruling. All requests for declaratory rulings as to the applicability of any rule or order of the Board shall be made by filing a petition with the Board requesting such ruling.
    (b)   Contents of petition for declaratory ruling. The petition shall identify the rule or order questioned, the date on which such rule or order became effective, and shall set forth the contents of the rule or order. The petition shall include a brief statement of the issue or issues raised by the rule or order which caused such requests to be made, and a statement as to the petitioner's personal interest in the ruling of the Board and how such ruling by the Board will affect that interest.
    (c)   Consideration by the Board. Upon receipt of the petition, the Board shall consider the request at the next regularly scheduled Board meeting.
    (d)   Presentation and argument. The Board may entertain oral presentation or argument on the request of the petitioner and, on its own motion, may request such argument and presentation.
    (e)   Decision of the Board. On considering the petition, the Board may refuse to issue a declaratory ruling, may decide the issue and determine the validity of the rule or order or the applicability to the petitioner of the rule or order.
    (f)   Appeals from declaratory rulings. Appeals from declaratory rulings of the Board may be taken in a manner consistent with the State's Administrative Procedures Act.
[Source: Added at 15 Ok Reg 2781, eff 7-1-98; Amended at 32 Ok Reg 2145, eff 9-11-15]