Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 1 - Organization, Operations, Procedures and Policies › Section 40:1-1-4 - Policies and procedures for rule-making

Current through Vol. 41, No. 20, July 1, 2024
(a)
General policies.
In
			 proposing, considering, adopting, amending, or repealing Rules and Regulations
			 and taking other actions of general applicability, the Board shall act in
			 compliance with the Oklahoma Administrative Procedures Act, the Open Meeting
			 Act, and other provisions of law.
(b)
Cumulative effect of rules.
The contents of this Chapter shall be cumulative to other Rules and Regulations
			 of the Board, and shall not nullify, replace, or supersede other currently
			 effective Rules and Regulations adopted by the Board.
(c)
Severability of rules.
The
			 provisions of the various Sections of this Chapter, and of every other
			 currently effective Rule and Regulation adopted by the Board, are severable. If
			 any parts or provisions of any such Rule and Regulation shall be held void, the
			 decision of the court so holding shall not affect or impair any of the
			 remaining parts or provisions of such Rule and Regulation.
(d)
Rule-making proposals.
Rule-making may be commenced by the Board on its own initiative. Any interested
			 party may also petition the Board, in accordance with procedures set forth in
			 this Chapter, to adopt, amend, or repeal a Rule and Regulation. The Board will
			 afford all properly interested parties reasonable opportunity to submit views,
			 data, information, or arguments concerning action proposed or under
			 consideration by the Board on a Rule and Regulation or concerning a request
			 that the Board promulgate, amend, or repeal a Rule and Regulation.
(e)
Rule-making petitions.
Petitions to the Board for promulgation, amendment, or repeal of a Rule and
			 Regulation 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 for promulgation of a new Rule and Regulation, or
			 for the amendment of an existing Rule and Regulation, or for the repeal of an
			 existing Rule and Regulation. A given petition may pertain to only one Rule and
			 Regulation, and individual petitions are required for requested action on
			 different Rules and Regulations.
(4) If the petition requests action on an
			 existing Rule and Regulation, the complete verbatim text of the existing rule
			 language shall be included in the petition, together with the exact change(s)
			 or addition(s) or deletion(s) or repeal requested. If the petition pertains to
			 promulgation of a new and additional Rule and Regulation, the petition shall
			 set forth in clear itemized form the specific detailed provisions which the
			 Board is asked to consider.
(5) All
			 petitions must clearly and separately state the factual basis, reasons, 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.