Okla. Admin. Code § 377:3-9-44

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

Section 377:3-9-44 - Petitions for the promulgation, amendment, or repeal of rules

(a)Submission. Any person may petition OJA requesting the promulgation, amendment, or repeal of a rule. The person making the request shall submit a petition to the Office of Juvenile Affairs, by mailing or delivering the petition to the Office of Juvenile Affairs, Attention: General Counsel, 3812 North Santa Fe Avenue, Suite 400, Oklahoma City, OK 73118. A petition mailed to OJA is considered submitted upon receipt by the General Counsel. A designated staff member shall stamp the petition upon receipt to show the date of submission.

(b)Form. The petitioner shall submit the petition in the form given in paragraphs 1 - 5 below.

(1) The petition must contain a clear statement of the action requested and the solution desired as a result of the request.

(2) When the petition seeks to amend or repeal an existing rule, the existing rule must be identified in the petition in the following format OAC Title:Chapter-Subchapter-Part. If the petition is submitted electronically, please hyperlink the current rule in the petition. If the petition is submitted via mail, please include a copy of the current rule.

(3) The petition must contain a statement of the facts supporting the requested rule or rule change, including any legal grounds, if known, and other relevant information or views on which the petitioner relies. A copy of any reference or source cited in the statement must be submitted or hyperlinked with the petition unless the reference or source is readily available to OJA. When a petition requests more than one rule change, a single statement which supports and justifies each proposed change meets the requirements of this subsection.

(4) The petition must describe, if known, who most likely will be affected by the proposed change.

(5) The petition must be signed by the petitioner or his/her authorized representative, and contain the printed name, address, email, and day time telephone number of the petitioner or his/her authorized representative.

(6) A petitioner may supplement or revise a petition at any time prior to approval by the Executive Director or submission of the proposed change to the Board. However, if significant changes are made, the petitioner should withdraw the petition and submit a revised petition.

(c)Notification of receipt. The General Counsel, or designee, shall send the petitioner notification of receipt of the petition within five (5) working days after receipt.

(d)Consideration and disposition. In accordance with 75 O.S. § 305, if rulemaking action has not occurred by the 30th day after receipt of the petition, the petition shall be deemed denied. Within fourteen (14) calendar days after the submission of the petition, the General Counsel, or designee, shall review the request and recommend the Executive Director:

(1) approve the petitionfor Board action ;

(2) deny the petition, in whole or in part, on any of the following grounds:

(A) the petition requests promulgation of a rule that OJA clearly lacks authority to promulgate;

(B) the petition requests a rule or rule change inconsistent with any applicable statutory or constitutional authority;

(C) the petition requests promulgation, amendment, or repeal of an OJA policy that does not constitute a rule as defined in the Oklahoma Administrative Procedures Act;

(D) the petition is frivolous and not pursued in good faith; or

(E) the petition is not feasible, taking into consideration available and anticipated agency resources for the category of the subject matter of the proposed change and the public policy or other grounds supporting the proposed change; or

(F) for other just cause; or

(3) request additional material from the petitioner.

(e)Executive Director responsibilities. The Executive Director, or designee, shall send the recommendation and other pertinent material to each member of the Board within two (2) calendar days of decision.

(1) If the next regularly scheduled Board meeting falls within twenty (20) calendar days of receipt of the petition, the Executive Director, or designee, shall ensure that the petition is placed as an action item on the agenda of the Board's next regularly scheduled meeting.

(2) If the next regularly scheduled Board meeting does not fall withinthirty (30) calendar days of receipt of the petition, the Executive Director, or designee, shall notify the Board. The Board may choose to call a Special meeting, in accordance with OAC 377:1-1-5(b) within the thirty (30) day time period to consider the petition.

(f)Responsibilities of the Board of Juvenile Affairs. The Board shall decide whether to approve or deny the petition.

(g)Notification of approval or denial of petition. The General Counsel, or designee, shall notify the petitioner of the decision to approve or deny the petition withinthirty (30) days of receipt of the petition.

(h)Rulemaking process. If the Board approves the petition, the General Counsel, or designee, shall initiate OJA's rulemaking process.

(i)Notice to petitioner. If the petitioner does not attend the Board meeting in which the vote on the rule revision is made, the General Counsel, or designee, shall provide written notice within five (5) working days after the Board's meeting of the Board's decision.

Okla. Admin. Code § 377:3-9-44

Added at 14 Ok Reg 1857, eff 6-2-97; Amended at 15 Ok Reg 2655, eff 7-1-98; Amended at 16 Ok Reg 2963, eff 7-12-99; Amended at 17 Ok Reg 3127, eff 7-27-00

Amended by Oklahoma Register, Volume 38, Issue 23, August 16, 2021, eff. 8/26/2021