Okla. Admin. Code § 422:1-1-10

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

Section 422:1-1-10 - Declaratory ruling

(a) the Commission may honor requests from interested persons for interpretative opinions as to the applicability of any rule or order, if it be shown that an actual case, controversy, or issue is in contemplation and that unreasonable hardship, loss or delay would result if the matter were not determined in advance.

(b) The request should set forth the following information:

(1) the name and address of the person or entity requesting the declaratory ruling;

(2) the full text of the rule involved;

(3) the basis for requesting the declaratory ruling, including the basis for contesting the validity of the rule, if applicable; and

(4) any court cases, Attorney General's opinions, or other explanatory material supporting the position of the person or entity seeking the ruling.

(c) Upon receipt of the request, the Commission shall proceed to set the matter for hearing in accordance with Sections 309-323 of the Oklahoma Administrative Procedures Act.

(d) Any person aggrieved by a declaratory ruling of the Commission may seek a review of the decision of the Commission in accordance with Sections 317 through 323 of the Oklahoma Administrative Procedures Act. Nothing herein shall impair the right of any person to seek a declaratory judgment respecting a rule's validity in accordance with Section 306 of the Oklahoma Administrative Procedures Act.

Okla. Admin. Code § 422:1-1-10

Added at 14 Ok Reg 3183, eff 7-25-97