SECTION 610:1-7-23. Petition requesting promulgation, amendment, or repeal of rules; form and procedure

(a)   Any interested persons may petition the OSRHE to request the promulgation, amendment, or repeal of an OSRHE rule. When filing such petition, the following requirements apply:

(1)   All petitions must be filed with OSRHE in typewritten form or in legible printed form and must be presented or delivered to the Chancellor's office of the OSRHE;

(2)   All petitions must clearly identify the party(s) submitting such petition and must include a statement reflecting the interest of the party(s) in submitting such petition, i.e., a showing that such petition is being submitted by an "interested person";

(3)   All petitions must clearly state that the petition is for the promulgation of a new rule, for the amendment of an existing rule, or separately, any combination of the above. In the instance of a requested promulgation of a new rule, a complete text of the requested rules(s) must be submitted. In the instance of a requested amendment to an existing rule(s), a complete text of the existing rule(s) requested for amendment must be submitted reflecting the existing rule language requested for change or deletion and/or such language as may be requested to be added. In the instance of a requested repeal of any rule(s) the petition must state the complete rule(s) requested for repeal;

(4)   All petitions must clearly and separately state the submitted basis, reason, grounds, or justification for each requested rule promulgation, amendment or repeal. Any and all supporting documents, records, statistics, studies, or information must be submitted with the petition, and the legality for such requested action, where deemed necessary or appropriate, shall be submitted by the petitioning party;

(5)   All petitions must be duly signed and endorsed by all petitioning parties or their designated representative(s); and the representative(s) must endorse and have notarized said petition representing such signatures;

(6)   Petitions will be reviewed within a reasonable time period, by staff assigned by the Chancellor

(A)   to determine if they satisfy the requirements as set forth in this chapter;

(B)   for substantive review of petitioner's request including consideration of any argument, written and/or oral, and any documentation included in support of the petition;

(C)   and such review shall form the basis of a written recommendation to the Board.

(7)   Valid petitions, defined as those that satisfy the requirements, shall appear on the agenda for consideration of the recommendation at the next regularly scheduled Board meeting following the conclusion of the staff investigation and review.

(8)   The petitioning party shall be given notification of the recommended action and disposition prior to the matter of the petition being presented to the Board for its action and at the Board meeting, the petitioning party may appear and be heard concerning the action and disposition recommended.

(9)   Petitions that do not satisfy the requirements shall be duly noted in writing and be returned to the petitioner. Returned petitions must be brought into compliance with the requirements set forth in this chapter and resubmitted.

(b)   Should any petition be granted by the OSRHE, in whole, or in part, the petition as granted shall thereafter be treated as in the case of all rule-making and the procedures of the Administrative Procedures Act shall thereupon become applicable in the further adoption of such rule promulgation, amendment, or repeal.

(c)   For purposes of 75 O.S. §305, petitioner's "submission of a petition" shall mean submission of the petition to the Board via its appearance on the regularly scheduled meeting agenda. If within 30 calendar days after submission of a petition, the agency has not initiated rulemaking proceedings in accordance with the Administrative Procedures Act, the petition shall be deemed to have been denied.

(d)   If the petition is denied, the petitioner retains the right to proper Judicial Review under 75 O.S. §318.

[Source: Added at 20 Ok Reg 2674, eff 7-25-03]