SECTION 85:1-3-21. Declaratory rulings

(a)   Any interested person may file a petition for a declaratory ruling as to the applicability of any rule or order of the Department. An official ruling will only be given if it is shown that an actual case, controversy, or issue is in contemplation on the fact situation presented and that unreasonable hardship, loss or delay would result if the matter were not determined in advance.

(b)   A petition for a declaratory ruling shall:

(1)   be in writing;

(2)   refer to the rule or order involved;

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

(4)   state the fact situation with respect to which the declaratory ruling is sought;

(5)   provide citations to, and a summary of, authorities (whether controlling or not) relating to the issues presented by the petition; and

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

(c)   The Commissioner 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.

(d)   Official declaratory rulings may be made by and at the discretion of the Commissioner as to the applicability of any rule or order. Alternatively, the Commissioner may submit the final petition to the Board for review and declaratory ruling.

(e)   A declaratory ruling, or refusal to issue such a ruling, shall be issued by the Commissioner or the Board within 90 days from receipt of the final petition, and shall be subject to review in accordance with the Administrative Procedures Act, Title 75 O.S. section 307. The Commissioner or Board may deny the petition if it is repetitive, concerns a matter that in the Commissioner's or Board's judgment is inappropriate for a declaratory ruling, or concerns a matter beyond the Commissioner or Board's authority.

(f)   The Commissioner may provide others with written notice of the request for a declaratory ruling and give them an opportunity to respond in writing.

(g)   Nothing in this rule shall not be interpreted as limiting the right of the Commissioner to issue, on his own motion or upon request, interpretive statements as provided for in the Code.

[Source: Added at 25 Ok Reg 1057, eff 5-25-08]