(a) Any person may request the Director to interpret the applicability of any rule or order of Department by requesting a declaratory ruling. The purpose of a declaratory ruling is to explain, or clarify, a rule or an order of the Director in relation to a particular situation. A request for a declaratory ruling must be in writing, and it must include the following information.
- (1) The name, address and telephone number of the person making the request;
- (2) The name, address and telephone number of the organization the person represents, if applicable;
- (3) The date of the request;
- (4) A description of the problem or issue which is in the reason for the request; and
- (5) The numbers and headings used to identify the rule or order on which the ruling is sought.
- (b) The Director may deny the request if it is repetitive, concerns a matter that in the Director's judgment is inappropriate for a declaratory ruling, or concerns a matter beyond the Director's authority.
- (c) The Director may provide others with written notice of the request for a declaratory ruling and give them an opportunity to respond in writing within 15 days.
- (d) The Director shall issue a declaratory ruling within a reasonable time after the request is received by Department.
- (e) A declaratory ruling or refusal to issue such ruling shall be subject to judicial review in the same manner as provided by Department rules.
Added at 17 Ok Reg 3169, eff 7-28-00