Okla. Admin. Code § 165:5-21-3.1
Current through Vol. 42, No. 4, November 1, 2024
Section 165:5-21-3.1 - Applications for a variance(a)Administrative review. Any variance sought from rules in Chapters 15, 16, 25, 26, 27, or 29 must be made by application. At the time the application is filed, applicant must provide the Petroleum Storage Tank Division all documents or evidence supporting the proposed variance. The Petroleum Storage Tank Division shall review the application administratively without the necessity of a hearing. If the Petroleum Storage Tank Division approves the relief requested by the application, it shall submit a proposed order to the Commissioners to determine whether the variance and/or other relief, if any, should be granted. (b)Remedies after denial or modification. If the Petroleum Storage Tank Division denies the relief requested by the application as reflected in the notice of denial provided to applicant, or the Petroleum Storage Tank Division cannot agree to a modification, the applicant will have ten (10) business days from receipt of the denial letter to withdraw its application or file a notice of hearing before an Administrative Law Judge and present its application for a recommendation on the merits of the variance sought. If the application for the variance is denied by the Administrative Law Judge, the applicant may file exceptions as more fully defined under OAC 165:5-13-5. If a notice of hearing is not timely filed, the Petroleum Storage Tank Division shall submit a proposed order to the Commissioners to deny the variance. Okla. Admin. Code § 165:5-21-3.1
Adopted by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 10/1/2018Amended by Oklahoma Register, Volume 36, Issue 21, July 15, 2019, eff. 8/1/2019