Oklahoma Administrative Code › Title 610 - State Regents for Higher Education › Chapter 1 - Administrative Operations › Subchapter 7 - Rules of Operation › Section 610:1-7-23 - Petition requesting promulgation, amendment, or repeal of rules; form and procedure

Current through Vol. 41, No. 20, July 1, 2024
(a) Any interested
				persons may petition the OSRHE to request the promulgation, amendment, or
				repeal of an OSRHE rule. When filing such petition, the following requirements
				apply:
(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 the promulgation of a new rule, for the amendment of an
				existing rule, or separately, any combination of the above. In the instance of
				a requested promulgation of a new rule, a complete text of the requested
				rules(s) must be submitted. In the instance of a requested amendment to an
				existing rule(s), a complete text of the existing rule(s) requested for
				amendment must be submitted reflecting the existing rule language requested for
				change or deletion and/or such language as may be requested to be added. In the
				instance of a requested repeal of any rule(s) the petition must state the
				complete rule(s) requested for repeal;
(4) All petitions must clearly and separately
				state the submitted basis, reason, grounds, or justification for each requested
				rule promulgation, amendment or repeal. 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 meeting following the
				conclusion of the staff investigation and review.
(8) The petitioning party shall be given
				notification of the recommended action and disposition prior to the matter of
				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.