Oklahoma Administrative Code › Title 485 - Oklahoma Board of Nursing › Chapter 1 - Administration › Section 485:1-1-5 - Rules and regulations

Current through Vol. 41, No. 20, July 1, 2024
(a)
Adoption,
			 amendment, or repeal of rules.
The adoption, amendments, filing, or
			 repeal of rules will be in accordance with the Oklahoma Administrative
			 Procedures Act.
(b)
Petition
			 requesting promulgation, amendment or repeal of a rule.
(1) Any person may petition the Board in
			 writing requesting the promulgation, amendment, or repeal of a rule. The
			 petition shall include the language of the requested rule, amendment or repeal,
			 a statement of the purpose of the requested rule, amendment or repeal, at least
			 one example of a fact situation to which the rule, amendment or repeal will
			 apply, and the name and address of the person who requested the rule, amendment
			 or repeal. If the requesting party is an association or corporate body, the
			 petition shall identify a contact person at the association or corporate body
			 who is able to provide meaningful information about the request.
(2) A petition requesting promulgation,
			 amendment or repeal of a rule shall not be considered by the Board if the
			 subject of the Petition is the same as or similar to the subject presented in a
			 Petition and considered by the Board within the previous twelve (12)
			 months.
(3) The petition shall be
			 cosigned by at least ten persons.
(4) The petition shall be submitted to the
			 Board not less than forty five (45) days prior to a regular meeting.
(5) 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 the
			 petitioner to provide such information shall constitute grounds for the Board
			 to take no further action on a petition.
(6) The Board shall refer the petition to its
			 counsel for legal consideration. In addition, the Board may refer the petition
			 to an appropriate advisory committee or subcommittee for review prior to the
			 Board's action. The advisory committee or subcommittee review and
			 recommendation shall not constitute Board action. Upon completion of the study
			 period, the petition shall be referred to the Board with the recommendation of
			 the committee, if any.
(7) If the
			 Board determines the requested action or some other action should be taken,
			 then notice of the proposed action shall be published in accord with the
			 Administrative Procedures Act and the matter shall be set for public hearing.
			 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.
(8) At the Board meeting during which the
			 public hearing is held or immediately thereafter the Board shall render its
			 decision on the petition and shall take such action as it deems necessary and
			 appropriate and as authorized by the Administrative Procedures Act to implement
			 its decision.