Okla. Admin. Code § 158:1-3-7

Current through Vol. 42, No. 4, November 1, 2024

Section 158:1-3-7 - Requesting individual proceedings and rulemaking

(a)APA governs. The Administrative Procedures Act, 75 O.S. § 250, et seq et ., governs individual proceedings and rulemaking undertaken by the Board.

(b)Petitions. All initial requests for hearings or other adjudicatory, declaratory or rulemaking action of the Board should be made in the form of a petition, unless otherwise provided by specific statute or rule.

(c)Petitioner(s). The Board or the Administrator, and other petitioners when authorized by law, may initiate petitions for individual proceedings and for rulemaking.

(d)Motions. All requests for action in a matter already before the Board shall be made in the form of a motion.

(e)Must state reason and sign. All requests must state clearly and with specificity the reason and basis for the request, and the action or relief sought. The request shall be signed by the person presenting the same, or his attorney pursuant to 75 O.S. § 310(5), and in all cases shall include the signer's address and phone number.

(f)Where filed. All requests shall be filed with the hearing clerk.

(g)Response. The Board or the Administrator shall timely respond to such petitions or motions, either by initiating proceedings or by denying the request in writing. The Administrator may refer rulemaking petitions, and petitions requesting declaratory rulings on the applicability of any rule, to appropriate advisory councils and committees for their recommendations, and shall do so when required by statutes. Any petition for rulemaking will be deemed to be denied if the Administrator has not initiated rulemaking proceedings within thirty (30) calendar days after the petition is filed with the hearing clerk.

Okla. Admin. Code § 158:1-3-7

Added at 19 Ok Reg 1243, eff 2-1-02 (emergency); Added at 19 Ok Reg 1258, eff 5-28-02

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014