SECTION 650:1-3-4. Appeals

  Persons or entities desiring to petition the Board for administrative review of a final order, award or determination regarding the application of OCAST or OIT rules, policies or procedures, shall submit such petition in writing to the Chair of the Board at the principal offices of OCAST. All petitions shall be filed with the Board within thirty (30) days of the final order, award or determination or as provided by the Administrative Procedures Act.

(1)   Petition requirements. The petition must include the following:

(A)   The name, address and organizational affiliation, if any, of the petitioner and the name and title of any representative or agent filing the petition of appeal.

(B)   A clear and concise statement of the grievance(s) or complaint(s), citing the specific rules or procedures at issue causing such an appeal to be requested and a statement of the petitioner's interests in the appeal and how a determination of the Board would affect those interests.

(2)   Receipt of petition. Upon receipt of such petition, the Chair may designate an administrative employee or officer to review the petition and make recommendations to the Board.

(3)   Oral arguments/hearings. If the petition is referred to the Board for administrative review, the Board may, in its discretion, review petitions with or without oral argument from the petitioner and render a decision within a reasonable time. Should the Board determine that a hearing is necessary, it shall conduct such hearing in accordance with the Oklahoma Administrative Procedures Act. Hearings shall be open to the public, unless otherwise provided by law or ordered by the Board. Decisions resulting from such hearings shall be issued by the Board in writing to all parties to the petition or their duly authorized agents or representatives within sixty (60) days of the date of the hearing.

[Source: Amended at 19 Ok Reg 3074, eff 9-9-02 through 7-14-03 (emergency); Amended at 20 Ok Reg 2727, eff 8-11-03]

Note

EDITOR’S NOTE: This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last prior permanent text is reinstated. Therefore, on 7-15-03 (after the 7-14-03 expiration of the emergency action), the text of Section 650:1-3-4 reverted back to the permanent text that was effective prior to enactment of the emergency action on 9-9-02, as was last published in the 2001 Edition of the OAC, and remained as such until amended by permanent action on 8-11-03.