SECTION 723:1-1-7. Official decisions

(a)   Official decisions in writing. All official decisions of the directors shall be evidenced by written record. Official decisions of the directors shall not be bound or prejudiced by any informal statement or opinion made by the directors or any statement or opinion made by any agency employee.

(b)   Official decisions to be taken only in real issues. Official decisions shall only be taken on matters formally pending before the directors for determination, and then only if such matter be an actual issue.

(c)   Declaratory rulings.

(1)   Any person may file a petition for a declaratory ruling as to the applicability of any official decision or rule [75:307]. The petition shall:

(A)   be in writing;

(B)   refer to the official decision or rule involved;

(C)   state the nature and purpose of the declaratory ruling sought;

(D)   state the fact situation with respect to which the declaratory ruling is sought; and,

(E)   list the name and address of the person requesting the ruling.

(2)   The directors may require any petitioner to provide additional information. A petition is not considered final until all requested information has been submitted. The failure to provide additional information shall be deemed to be a withdrawal of the petition.

(3)   Declaratory rulings may be made by and at the discretion of the directors as to the applicability of any official decision or rule. Generally, a declaratory ruling will only be given if it is shown that an actual issue is in contemplation on the hypotheses presented and that unreasonable hardship, loss or delay would result if the matter were not determined in advance.

(4)   The declaratory ruling requested or refusal to issue such ruling shall be issued within thirty (30) business days from receipt of the final petition, and shall be subject to review in accordance with the Administrative Procedures Act beginning at §250 of Title 75 of the Oklahoma Statutes [75:307].

(d)   Rights not limited. This section shall not be interpreted as limiting the right of the directors to cause matters to become formally pending and to perform any function or duty prescribed by law or rule.

[Source: Added at 27 Ok Reg 1969, eff 6-25-10]