SECTION 800:1-7-2. Policies and procedures for rulemaking

  The following describes the policies and procedures for rulemaking of the Oklahoma Department of Wildlife Conservation and the Oklahoma Wildlife Conservation Commission.

(1)   General policies. In proposing, considering, adopting, amending or repealing rules and taking other actions of general applicability, the Commission and Department shall act in full compliance with the Oklahoma Administrative Procedures Act, the Open Meeting Act and other provisions of the law.

(2)   Cumulative effect of rules. The contents of this Chapter shall be cumulative to other rules of the Commission and shall not nullify replace or supersede other currently effective rules and regulations adopted by the Commission.

(3)   Severability of rules. The provisions of the various sections of this Chapter and of every other currently effective rule adopted by the Commission are severable. If any parts or provisions of any such rule shall be held void, the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of such rule.

(4)   Rule-making proposals. Rule-making proposals may be commenced by the Commission on its own initiative. Any interested party may also petition the Commission, in accordance with the procedures set forth in this Chapter, to adopt, amend, or repeal a rule. The Commission will afford all properly interested parties reasonable opportunity to submit views, data, information or arguments concerning action proposed or under consideration by the Commission on a rule and regulation or concerning a request that the Commission promulgate, amend or repeal a rule.

(5)   Rule-making petitions. Petitions to the Commission for promulgation, amendment or repeal of a rule shall be in the following form and contain the following information:

(A)   Petitions must be submitted in legible typewritten form with the original copy submitted in person or by mail to the Director of the Oklahoma Department of Wildlife Conservation at the department's Administrative Office.

(B)   Petitions must clearly identify the submitting party or parties by name, address, official title, and complete business address and must include a clear statement reflecting the interest of the submitter(s) in such petition and the action to which it pertains and the real party(ies) of interest if submission is by an agent or attorney.

(C)   Every petition must clearly state that such petition is for promulgation of a new rule or for the amendment of an existing rule or for the repeal of an existing rule.

(D)   Different petitions are required for requested action on each rule.

(E)   If the petition requests action on an existing rule, the complete verbatim text of the existing ruling shall be included in the petition, together with the exact change(s) or addition(s) or deletion(s) or repeal requested. If the petition pertains to promulgation of a new and additional rule, the petition shall set forth in clear itemized form the specific detailed provisions which the Commission is asked to consider.

(F)   All petitions must clearly and separately state the factual basis, reasons, legal grounds and public policy and technical justifications for each action requested of the Commission. All available supporting documents, records, studies and information bearing on the issue that is available to the petitioner(s) must accompany the petition. The petition shall also contain or be accompanied by the names and addresses of all persons known to the petitioner(s) who are concerned with the subject matter of the petition.

(G)   Petitions must be signed and endorsed by all petitioning parties, or their authorized legal representative (s); and such signatures and endorsement(s) must be duly attested to by a notary public.

(6)   Actions on petitions. All petitions shall be examined to determine whether the procedural requirements have been met and whether the facts, justifications and other submissions afford a reasonable basis for the requested ruling. Petitions found to be not in proper form or lacking the necessary reasonable basis for consideration by the Commission will be returned to the submitter(s). Petitioner(s) will be notified where and, if so, when the Board will consider a given petition. Action on accepted petitions will be considered by the Commission at a regularly scheduled meeting as appropriate. If a petition for a declaratory ruling by the Commission is accepted, the proposed action(s) shall thereafter be treated by the Commission in full compliance with the Administrative Procedures act. The Commission may, at its discretion, refuse to promulgate, amend or repeal proposed action(s) submitted by petition.

(7)   Form of Petition. Petitions for rulemaking submitted by the public shall follow the general format set forth in Appendix A.

[Source: Added at 9 Ok Reg 1687, eff 6-1-92; Amended at 15 Ok Reg 3500, eff 7-13-98]