SECTION 85:1-3-20. Petitions for rulemaking  


Latest version.
  • (a)   Any interested person may file a petition requesting the promulgation, amendment, or repeal of a rule in this title. The petition shall:
    (1)   be in writing;
    (2)   refer to the statutory section that authorizes the rulemaking action requested;
    (3)   refer to the need for the rulemaking action requested, including the consequences of not approving the rulemaking action requested;
    (4)   state the exact language for the rulemaking action requested;
    (5)   state the purpose of the rule sought;
    (6)   state a fact situation to which the rule sought will apply; and
    (7)   list the name and address of the person requesting the rule.
    (b)   Upon receipt of a petition as described in Subsection (a) of this section, the Commissioner may initiate a study of the requested change through whatever means deemed appropriate. If the Commissioner formally acts upon the petition, the petitioner will be advised of the action in writing as specified by the Commissioner. In accordance with 75 O.S. § 305, if the Department has not initiated rulemaking proceedings within 30 calendar days after the submission of a petition, the petition shall be deemed to have been denied.
    (c)   No petition for emergency rulemaking will be accepted or acted on by the Commissioner.
[Source: Added at 25 Ok Reg 1057, eff 5-25-08]