Okla. Admin. Code § 610:1-7-24

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

Section 610:1-7-24 - Petitions for declaratory rulings; form and procedure

(a) Any interested persons may petition the OSRHE for a declaratory ruling as authorized by 75 O.S., § 307 as to the applicability of any administrative rule of the OSRHE.

(1) All petitions must be filed with OSRHE in typewritten form or in legible printed form and must be presented or delivered to the Chancellor's office of the OSRHE;

(2) All petitions must clearly identify the party(s) submitting such petition and must include a statement reflecting the interest of the party(s) in submitting such petition, i.e., a showing that such petition is being submitted by an "interested person";

(3) All petitions must clearly state that the petition is for a declaratory ruling and cite the rule involved;

(4) All petitions must contain a brief statement of facts to which the ruling shall apply. Any and all supporting documents, records, statistics, studies, or information must be submitted with the petition, and the legality for such requested action, where deemed necessary or appropriate, shall be submitted by the petitioning party;

(5) All petitions must be duly signed and endorsed by all petitioning parties or their designated representative(s); and the representative(s) must endorse and have notarized said petition representing such signatures;

(6) Petitions will be reviewed, within a reasonable time period, by staff assigned by the Chancellor:

(A) to determine if they satisfy the requirements as set forth in this chapter;

(B) for substantive review of petitioner's request including consideration of any argument, written and/or oral, and any documentation included in support of the petition;

(C) and such review shall form the basis of a written recommendation to the Board.

(7) Valid petitions, defined as those that satisfy the requirements, shall appear on the agenda for consideration of the recommendation at the next regularly scheduled Board meetingfollowing the conclusion of the investigation and review.

(8) The petitioning party shall be given notification of the recommended action and disposition prior to the matterof the petition being presented to the Board for its action and at the Board meeting, the petitioning party may appear and be heard concerning the action and disposition recommended.

(9) Petitions that do not satisfy the requirements shall be duly noted in writing and be returned to the petitioner. Returned petitions must be brought into compliance with the requirements set forth in this chapter and resubmitted.

(b) Declaratory rulings shall be available for review by the public at the OSRHE office.

Okla. Admin. Code § 610:1-7-24

Added at 20 Ok Reg 2674, eff 7-25-03