Oklahoma Administrative Code, Title 585

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Chapter 1 Operations

Subchapter 3 Program Administration and Description

Okla. Admin. Code § 585:1-3-6 Forms and instructions

(a) The Board shall cause to be created appropriate forms and instructions related to certification and decertification process, the filing of unfair labor practices, pre-hearing conference orders and for such other matters related to operations of the Board as deemed necessary by the Board.

(b) Forms and instructions shall be maintained at the offices of the Board and shall be available to any person upon request.

History

• Added at 15 Ok Reg 2791, eff 7-1-98

Okla. Admin. Code § 585:1-3-7 Petitions for rulemaking

(a) Any interested person may petition the Board in writing to promulgate, amend or repeal a rule.

(b) The Board shall maintain a permanent docket concerning petitions for the promulgation, amendment or repeal of a rule. At the time such a petition is filed, it shall be numbered, and the number of the petition, the date of filing, the designation of the action sought, and the name and address of the person who filed the petition shall be shown. The address shall include the city, state, street number or post office box and zip code.

(c) The petition must be filed with the Board in duplicate and shall be typewritten, except as may be waived by the Board upon written request.

(d) The petition shall contain the following information as applicable and except as may be waived by the Board:

(1) A statement of the legal authority and jurisdiction under which the petition is filed;

(2) The exact language of the proposed rule, amendment, or repeal requested;

(3) A statement and legal references which show that the requested rule, amendment or repeal is not in conflict with any existing rule, ruling, order or opinion of the Board or any policy or provision of the Act or APA, or that any earlier rule, ruling, order or opinion should be set aside or modified;

(4) A statement of the purpose of the requested rule, amendment or repeal and at least one example or fact situation to which the rule, amendment or repeal will apply; and

(5) The name and address of the person who requested the rule, amendment or repeal. In the event the request is made by an association, the request shall also include the name and address of a contact person at said association who is able to provide meaningful information related to the request.

(e) The petition shall be submitted for study for a maximum period of ninety (90) days.

(f) 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 a petition. The failure of a petitioner to provide additional requested information shall constitute grounds for the Board to take no action on a petition.

(g) Upon completion of the study period, the Board, during a regular or special meeting, shall meet to consider the merits and proper disposition of the petition. No less than ten (10) days prior to such meeting, the Executive Secretary shall notify the petitioner in writing of the date, time, and place such petition shall be considered, and the Board may request petitioner's presence for purposes of argument or submission of other information related to the petition.

(h) At the time and place designated for the public hearing, proponents and opponents of the proposed rule, amendment or repeal of a rule may be heard in the manner and order set forth by the Board at that time.

(i) At the conclusion of the public hearing, the Board shall render its decision on the petition. In the event the Board concurs with the action indicated in the petition, it shall take immediate steps to adopt, amend, or revoke the subject rule. In the event the Board does not concur with the requested action, it shall within five (5) days of its consideration notify the petitioner of its nonconcurrence in writing, specifying the reasons for nonconcurrence.

(j) Dissatisfied parties may request a rehearing, reopening or reconsideration within ten (10) days from the date the action was taken by the Board in the manner allowed by the APA at 75 O.S.1991, §317, or its successor statute.

(k) Any person who desires notice of proposed rule changes may contact the Board office for inclusion on a mailing list. Such persons shall be notified of the time and place of the public hearing pursuant to subsection (h).

History

• Added at 15 Ok Reg 2791, eff 7-1-98

Okla. Admin. Code § 585:1-3-8 Petitions for declaratory rulings

(a) Any person who desires a ruling as to the application of any rule or order of the Board may file a petition with the Executive Secretary, in writing, to request such ruling.

(b) Unless the Board requests a formal opinion of the Attorney General, the Board shall, within sixty (60) days after receipt of the petition and during its next regular or special meeting, issue its declaratory ruling on the matter. The declaratory ruling shall consist of:

(1) a restatement of the question posed in the petition;

(2) an answer to the question posed in the petition; and

(3) the reason or reasons for the answer given.

(c) A copy of the declaratory ruling shall be mailed to the person who requested the declaratory ruling immediately after its issuance by the Board.

(d) Copies of all declaratory rulings shall be placed in a permanent file at the offices of the Board for public inspection, copying and/or mechanical reproduction during regular business hours.

(e) Petitioning party shall make a good faith effort to notify all parties, and shall provide notice to all persons on the mailing list created in 585:1-3-7(k).

History

• Added at 15 Ok Reg 2791, eff 7-1-98