Oklahoma Administrative Code › Title 800 - Department of Wildlife Conservation › Chapter 1 - Operations and Procedures › Subchapter 9 - Rules and Practice for Individual Proceedings › Section 800:1-9-3 - Petitions for declaratory rulings

Current through Vol. 41, No. 20, July 1, 2024
(a)
General provisions.
Any
				interested person may petition the Commission to request a declaratory ruling
				on the applicability of one or more rules. The Department shall keep the
				Commission informed about petitions received and may make recommendations as to
				the final disposition of each. The Department shall maintain records containing
				petitions and rulings or orders issued by the Department or
				Commission.
(b)
Form and
				content of petition.
All such petitions shall be in writing and filed
				with the Director. The petition must specify how any rule or order interferes
				with or impairs, or threatens to interfere with or impair, their legal rights.
				Petitions to the Commission for declaratory rulings shall be in the following
				form and contain the following information:
(1) Petitions shall be submitted in legible
				typewritten form, with the original copy submitted, and shall be submitted in
				person or by mail to the Director.
(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 the submission is by an agent or
				attorney.
(3) Every petition must
				clearly state that such is for issuance of a declaratory ruling as to the
				applicability of a specifically identified rule or rules. A petition may
				pertain to only one subject area and individual petitions are required for
				separate subjects. Separate petitions may be required for individual sections
				of rules.
(4) If the petition
				requests a declaratory ruling of the Commission as to a rule, the complete
				verbatim text of the existing rule shall be restated therein or attached as an
				appendix to the petition. If the petition pertains to a request to modify or
				reconsider a previous ruling or order of the Commission, the, a copy of the
				previous order or ruling shall be clearly referred to or attached as an
				Appendix to the Petition and the petition shall clearly identify the pertinent
				portions of such order or ruling which are the subject of the request, and
				shall clearly set forth the matter(s) the Commission is to consider and the
				action(s) the Commission is requested to take.
(5) All petitions must clearly state the
				factual basis, reason, legal grounds and authorities, public policy, evidence
				and technical justifications for each action requested of the Commission. 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 or who may have interests which may be adversely affected by the
				proposed actions sought by petitioner(s).
(6) All petitions must be signed and endorsed
				by the petitioning party (ies) or their legal representative(s) and
				notarized.