SECTION 612:1-15-3. Petitions for rule changes and declaratory rulings

(a)   Petition for rule changes. An interested person may petition the Department requesting the promulgation, amendment, or repeal of a rule. Any such petition must be submitted to the Director in writing, clearly stating the requested action. If the petition is for an amendment or repeal of a rule, it must specify the rule by the OAC designation. The petition must also state the reasons for the requested change, including any adverse impact such change or lack of change would have on individuals or organizations the rule affects.

(b)   Response to petition for rule changes. Upon receipt of a petition as described in Subsection (a) of this Section, the Director will initiate study of the requested change through whatever means he or she deems appropriate. If the Department formally acts upon the petition, the petitioner will be advised of the action in writing as specified by the Director. In accordance with 75 O.S. 305, if the Department does not initiate rulemaking proceedings within 30 calendar days of the petition's submission, the petition shall be deemed to have been denied.

(c)   Petition for declaratory ruling. Any person, agency, or organization may ask for a declaratory ruling as to the applicability of a rule or group of rules, or of an order, made by the Department. Such a request is submitted to the Director of DRS in writing. The request will specify the rule(s) in question by OAC designation. A description of the circumstances, rule, policy, or procedure believed to be affected by the DRS rule(s) is given in enough detail to make a reasonable judgement as to the rule's effect and applicability. The request should also include a description of the effect or applicability of the DRS rule(s) as seen by the petitioner, if possible.

(d)   Response to a request for declaratory ruling. Upon receipt of a petition as described in Subsection (c) of this Section, the Director will initiate study of the requested declaratory ruling through whatever means he or she deems appropriate. A response to the request, including a possible refusal to issue a declaratory ruling, will be prepared at the Director's order no later than 90 days after receipt of the request. The response will inform the petitioner of the right to a judicial review in the manner provided for in 75 O.S., Section 317 through 323.

[Source: Added at 10 Ok Reg 4607, eff 9-1-93 (emergency); Added at 11 Ok Reg 2425, eff 7-1-94]