Okla. Admin. Code § 775:5-5-3

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

Section 775:5-5-3 - Petitions for rulemaking

(a) Any interested person may petition the Board in writing to promulgate, amend or repeal a rule.

(b) The Board shall maintain a permanent docket concerning petitions for the promulgation, amendment or repeal of a rule. At such time a petition is filed, it shall be numbered, and the number of the petition, the date of filing, the designation of the action sought, and the name and address of the person who filed the petition shall be shown. The address shall include the city, state, street number or post office and zip code of the person who filed the petition.

(c) The petition shall be filed with the Board in duplicate and shall be typewritten, except as may be waived by the Board upon written request.

(d) The petition shall contain the following information as applicable and except as may be waived by the Board:

(1) A statement of the legal authority and jurisdiction under which the petition is filed;

(2) The exact language of the proposed rule, amendment or repeal requested;

(3) A statement and legal references which show that the requested rule, amendment or repeal is not in conflict with any existing rule, ruling, order or opinion of the Board or any policy or provision of the APA or Act, or that any existing rule, ruling, order or opinion should be set aside or amended;

(4) A statement of the purpose of the requested rule, amendment or repeal and at least one example of fact situation to which the rule, amendment or repeal will apply; and

(5) The name and address of the person who requested the rule, amendment or repeal. In the event the request is made by an association or corporate body, the request shall also include the name and address of a contact person at said association or corporate body who is able to provide meaningful information related to the request.

(e) The petition shall be submitted for review for a minimum period of 45 days.

(f) The Board, on its own motion or upon the request of any other interested party, may require any petitioner to provide additional information, as may be specified by the Board, for use in the Board's consideration and disposition of the petition. The failure of a petitioner to provide additional requested information shall constitute grounds for the Board to take no action on a petition.

(g) Upon completion of the study period, the Board, at a regular or special meeting, shall meet to consider the merits and proper disposition of the petition. Not less than ten (10) days prior to such meeting, the Executive Director shall notify the petitioner of the date, time and place the petition shall be considered. The Board may request the petitioner's presence for the purpose of argument or the submission of other information related to the petition.

(h) At the time and place designated for the public hearing, proponents and opponents of the proposed rulemaking action may be heard in the manner and order prescribed by the Board at that time.

(i) At the conclusion of the public hearing, the Board shall render its decision on the petition. In the event the Board concurs with the action requested in the petition, it shall take prompt action, either by permanent promulgation procedures or emergency promulgation procedures, to implement its decision. The Board shall take emergency promulgation action only in the event a basis for emergency promulgation is patent.

(j) Dissatisfied parties may request a rehearing or reconsideration within ten (10) days from the date of the Board decision, in a manner allowed by the APA.

Okla. Admin. Code § 775:5-5-3

Added at 17 Ok Reg 1419, eff 5-11-00