Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 1 - Organization, Operations, Procedures and Policies › Section 40:1-1-5 - Rules of practice for individual proceedings

Current through Vol. 41, No. 20, July 1, 2024
(a)
General policies.
This
			 Section applies to Orders formulated by the Board and to Individual Proceedings
			 of the Board, where those terms have the respective meaning set forth in Title
			 75, O.S., Section
			 250.3. In
			 formulating orders or conducting individual proceedings, the Board shall act in
			 compliance with the Oklahoma Administrative Procedures Act, and other
			 applicable provisions of law, and otherwise in accordance with procedure and
			 practices determined or designated by the Board.
(b)
Declaratory rulings and other
			 orders.
Declaratory rulings as to the applicability of any Rule and
			 Regulation or other order of the Board may be commenced and issued by the Board
			 on its own initiative. Other orders, constituting all or part of an
			 intermediate or final decision, and whether affirmative, negative, injunctive
			 or declaratory in form [in matters other than rule-making and the exceptions
			 provided for in 75 O.S., Section 250.3(17)] may also be made and issued by the
			 Board on its own initiative. Any interested party may also petition the Board,
			 in accordance with procedures set forth hereinafter, to make and issue a
			 declaratory ruling, or to amend any such declaratory ruling, or to make and
			 issue any other order as defined in this Section. The Board will afford all
			 interested parties reasonable opportunity to request a declaratory ruling or
			 other order and to submit views, data, information, or arguments in support of
			 such a request.
(c)
Petitions
			 for declaratory rulings and other orders.
Petitions to the Board for
			 declaratory rulings or other orders, other than matters taken up by the Board
			 on its own intiative, shall be in the following form and contain the following
			 information:
(1) Petitions must be submitted
			 in legible typewritten form, with the original copy submitted, and shall be
			 submitted in person or by mail to the State Director of Tests for Alcohol and
			 Drug Influence at the Board's principal Administrative Office.
(2) Petitions must clearly identify the
			 submitting party or parties by name, address, official title, and complete
			 business address; and must include a clear statement reflecting the interest of
			 the submitter(s) in such petition and the action to which it pertains, and the
			 real party(ies) of interest if submission is by an agent or attorney.
(3) Every petition must clearly state that
			 such petition is (a) for promulgation of a declaratory ruling as to
			 applicability of any Rule and Regulation or order of the Board (which Rule and
			 Regulation or other order shall be clearly and fully identified), or (b) for
			 promulgation of any other order. A given petition may pertain to only one
			 requested declaratory ruling or other order, and individual petitions are
			 required for requested declaratory rulings or other orders on separate
			 subjects.
(4) If the petition
			 requests a declaratory ruling on a Rule and Regulation or any other order of
			 the Board, the complete verbatim text of the existing rule or order language
			 shall be included in the petition, together with the exact inquiry relating
			 thereto. If the petition pertains to promulgation of a new order or amendment
			 of an existing order, the petition shall set forth in clear itemized form the
			 specific detailed matter(s) which the Board is asked to consider and the
			 action(s) the Board is requested to take.
(5) All petitions must clearly and separately
			 state the factual basis, reason, legal grounds, and public policy and technical
			 justifications for each action requested of the Board. All available supporting
			 documents, records, studies, and information bearing on the issue and available
			 to the petitioner(s) must accompany the petition. The petition shall also
			 contain or be accompanied by the names and addresses of all persons known to
			 the petitioner(s) who are concerned with the subject matter of the petition.
(6) Petitions must be signed and
			 endorsed by all petitioning parties, or their authorized legal
			 representative(s); and such signature(s) and endorsement(s) must be duly
			 attested to by a notary public.