SUBCHAPTER 13. DECLARATORY RULINGS

 

510:1-13-1. Persons who may seek a declaratory ruling

Any person may file a written petition seeking a declaratory ruling by the Board with respect to the application of a statute, rule or order of the Board. A petition for declaratory ruling shall be set for a public hearing before the Board at its next regularly scheduled meeting.

[Source: Amended at 13 Ok Reg 2219, eff 6-27-96; Amended 9-11-22]

510:1-13-2. Contents of petition

The petition for a declaratory ruling shall clearly identify the statute, rule or Board order, the facts to which the statute, rule or order is to be applied and the question to be addressed by the declaratory ruling. The petition shall identify (by name and address) all persons who may be directly affected by the ruling.

[Source: Added at 13 Ok Reg 2219, eff 6-27-96]

510:1-13-3. Information to be furnished

The Board may require the petitioner to submit any information it deems pertinent to the inquiry or useful to it in addressing the issue, including oral and documentary evidence and citations of legal authority.

[Source: Added at 13 Ok Reg 2219, eff 6-27-96]

510:1-13-4. Board consideration

The Board may assign a petition for declaratory ruling to legal counsel or any appropriate advisory committee or Board subcommittee for its review and a recommendation. The advisory committee or subcommittee may require submission of oral and written evidence and legal memoranda. The advisory committee or subcommittee review and recommendation shall not constitute final Board action.

[Source: Added at 13 Ok Reg 2219, eff 6-27-96; Amended 9-11-22]

510:1-13-5. Notice

The Board will give advance notice of it's consideration of the petition for declaratory ruling to the petitioner. The Board will give notice of its final action on the petition for declaratory ruling to the petitioner and all persons who request notice of the Board's action on the petition.

[Source: Added at 13 Ok Reg 2219, eff 6-27-96]

510:1-13-6. Board action

Board rulings shall be made public in writing with a statement of appropriate findings of fact and conclusions of law. Copies of any Board action shall be sent by certified mail to the respondent.

[Source: Added at 13 Ok Reg 2219, eff 6-27-96; Amended 9-11-22]