SECTION 630:4-1-6. Interpretive opinion about a rule or order

  Any person who alleges that any OSRC rule or order interferes with or impairs, or threatens to interfere with or impair, their legal rights may petition the OSRC to request a declaratory ruling about the applicability of the rule or order. The Administrator shall provide a copy of the petition to the Commissioners with a recommendation. Properly filed petitions shall be placed on the agenda for the next regularly scheduled Commission meeting that is at least two weeks after the petition is filed.

(1)   Form and content of petition. Petitions for a declaratory ruling shall be in writing, shall identify the particular rule(s) involved, include a brief statement of the issues raised by the rule(s) which cause the request to be made, include a statement of the petitioner's personal interest in the ruling, describe any communications with OSRC members or employees about the issues, and pose the specific question(s) to be answered and the relief sought.

(2)   Determination. To address a petition for declaratory ruling, the Commission may rule on the petition, refer the petition to a hearing examiner or decline to rule on the petition. Rulings shall state the findings of fact and conclusions of law upon which they are based. If the OSRC does not make a ruling or begin an individual proceeding on the petition within 90 days after the petition is filed, the petition shall be deemed to have been denied. If the OSRC begins an individual proceeding on the petition, it shall offer an opportunity for a hearing to the petitioner. After the OSRC issues a ruling or a final order, the OSRC shall mail a copy of the ruling or final order to the petitioner by certified mail, return receipt requested.

(3)   Judicial review. A declaratory ruling or refusal to issue such ruling shall be subject to judicial review in the manner provided for review of decisions in individual proceedings in the APA, 75 O.S. § 307.

[Source: Added at 25 Ok Reg 2003, eff 7-1-08]