Oklahoma Administrative Code
Title 310 - Oklahoma State Department of Health
Chapter 2 - Procedures of the State Department of Health
Subchapter 23 - Requests for Declaratory Relief and Rulemaking
Section 310:2-23-4 - Initiating a proceeding seeking rulemaking

(a) General. Proceedings seeking rulemaking by the Department may be initiated before the Department by filing with the Office of Administrative Hearings a Petition which seeks relief authorized by 75 O.S. § 305. Each petition shall be styled "In re the request of __________, Petitioner, for adoption, amendment or repeal of a rule." The person or entity filing the Petition shall be denominated the Petitioner and the Department shall be denominated the Respondent.

(b) Contents of the petition. The petition shall include a statement of the legal authority and jurisdiction under which the proceeding is to be held, a reference to the particular sections of the statutes and rules involved, a short and plain statement of the rule language the Petitioner seeks to add, amend or delete.

(c) Emergency rulemaking. A petition seeking or requesting an emergency rule must include a separate statement describing the circumstances or conditions constituting an imminent peril threatening the preservation of the public health, safety, or welfare, or a compelling public interest requiring the adoption of an emergency rule, or the amendment or repeal of an existing rule.

(d) Notice of hearing. If the Department determines that the petitioner's request will proceed to hearing notice shall be issued to the petitioner and any other person who may have requested notice regarding said petition.

(e) Denial.If the Department fails to initiate rulemaking proceedings in accordance with the Oklahoma Administrative Procedures Act within thirty (30) calendar days after the filing of a petition, the petition shall be deemed to have been denied. [75 O.S. § 305.]