SECTION 75:1-1-9. Procedures to secure a declaratory ruling as to the applicability of any rule or order of the Office of the Attorney General

(a)   Any person subject to the rules contained in rules of the Office of the Attorney General (Oklahoma Administrative Code Title 75) may petition for a declaratory ruling as to the applicability of a specific rule and its effect on petitioner. In petitioning the Office of the Attorney General for a declaratory ruling, the following procedures must be followed:

(1)   The petition must be in writing and submitted to the Chief, Victims Services Unit, Office of the Attorney General;

(2)   The petition shall state with specificity the rule in question;

(3)   The petition shall state clearly and with specificity the basis for the action and the action or relief sought;

(4)   The petition shall pose the specific question(s) to be answered by the Office of the Attorney General; and

(5)   The petitioner or petitioner's authorized representative shall print his or her name, address and telephone number on the petition and sign it.

(b)   The petition will be stamped upon receipt by the Office of the Attorney General to show the date of submission. The petition shall be referred to the Chief of the Victims Services Unit to make a recommendation to the Attorney General, who shall issue a ruling within 30 days from the date of submission.

(c)   The petitioner shall be notified of the declaratory ruling in writing by the U.S. Mail, certified mail, return receipt requested.

(d)   The ruling shall become final unless, within 15 days of receipt, the petitioner files with the Chief of the Victims Services Unit a written request for a hearing before the Attorney General. If the petitioner requests such a hearing, the matter shall be set to be heard by the Attorney General.

(e)   At the hearing of the matter by the Attorney General, the petitioner and Chief of the Victims Services Unit shall be permitted to present oral argument to the Attorney General, the length of which shall be limited by the Attorney General. At the conclusion of the presentation of the matter, the Attorney General shall render a decision on the petition and a written decision shall follow within 15 days.

(f)   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 Oklahoma Administrative Procedures Act (75 O.S. § 307).

[Source: Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06]