Oklahoma Administrative Code › Title 800 - Department of Wildlife Conservation › Chapter 1 - Operations and Procedures › Subchapter 7 - Policies and Procedures for Rulemaking › Section 800:1-7-2 - Policies and procedures for rulemaking

Current through Vol. 41, No. 20, July 1, 2024
The following describes the policies and procedures for
				  rulemaking of the Oklahoma Department of Wildlife Conservation and the Oklahoma
				  Wildlife Conservation Commission.
(1)
General policies.
In proposing, considering, adopting, amending or
				repealing rules and taking other actions of general applicability, the
				Commission and Department shall act in full compliance with the Oklahoma
				Administrative Procedures Act, the Open Meeting Act and other provisions of the
				law.
(2)
Cumulative effect of
				rules.
The contents of this Chapter shall be cumulative to other rules
				of the Commission and shall not nullify replace or supersede other currently
				effective rules and regulations adopted by the Commission.
(3)
Severability of rules.
The
				provisions of the various sections of this Chapter and of every other currently
				effective rule adopted by the Commission are severable. If any parts or
				provisions of any such rule 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.
(4)
Rule-making
				proposals.
Rule-making proposals may be commenced by the Commission on
				its own initiative. Any interested party may also petition the Commission, in
				accordance with the procedures set forth in this Chapter, to adopt, amend, or
				repeal a rule. The Commission will afford all properly interested parties
				reasonable opportunity to submit views, data, information or arguments
				concerning action proposed or under consideration by the Commission on a rule
				and regulation or concerning a request that the Commission promulgate, amend or
				repeal a rule.
(5)
Rule-making petitions.
Petitions to the Commission for
				promulgation, amendment or repeal of a rule shall be in the following form and
				contain the following information:
(A)
				Petitions must be submitted in legible typewritten form with the original copy
				submitted in person or by mail to the Director of the Oklahoma Department of
				Wildlife Conservation at the department's Administrative Office.
(B) 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.
(C) Every petition must clearly state that
				such petition is for promulgation of a new rule or for the amendment of an
				existing rule or for the repeal of an existing rule.
(D) Different petitions are required for
				requested action on each rule.
(E)
				If the petition requests action on an existing rule, the complete verbatim text
				of the existing ruling 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, the petition
				shall set forth in clear itemized form the specific detailed provisions which
				the Commission is asked to consider.
(F) 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 Commission. All available
				supporting documents, records, studies and information bearing on the issue
				that is 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.
(G) Petitions must be
				signed and endorsed by all petitioning parties, or their authorized legal
				representative (s); and such signatures and endorsement(s) must be duly
				attested to by a notary public.