Current through Vol. 41, No. 13, March 15, 2024
(a)
Submission. Any person may petition OJA requesting the
promulgation, amendment, or repeal of a rule. The person making the request
shall submit a petition to the Office of Juvenile Affairs, by mailing or
delivering the petition to the Office of Juvenile Affairs, Attention: General
Counsel, 3812 North Santa Fe Avenue, Suite 400, Oklahoma City, OK 73118. A
petition mailed to OJA is considered submitted upon receipt by the General
Counsel. A designated staff member shall stamp the petition upon receipt to
show the date of submission.
(b)
Form. The petitioner shall submit the petition in the form given
in paragraphs 1 - 5 below.
(1) The petition
must contain a clear statement of the action requested and the solution desired
as a result of the request.
(2)
When the petition seeks to amend or repeal an existing rule, the existing rule
must be identified in the petition in the following format OAC
Title:Chapter-Subchapter-Part. If the petition is submitted electronically,
please hyperlink the current rule in the petition. If the petition is submitted
via mail, please include a copy of the current rule.
(3) The petition must contain a statement of
the facts supporting the requested rule or rule change, including any legal
grounds, if known, and other relevant information or views on which the
petitioner relies. A copy of any reference or source cited in the statement
must be submitted or hyperlinked with the petition unless the reference or
source is readily available to OJA. When a petition requests more than one rule
change, a single statement which supports and justifies each proposed change
meets the requirements of this subsection.
(4) The petition must describe, if known, who
most likely will be affected by the proposed change.
(5) The petition must be signed by the
petitioner or his/her authorized representative, and contain the printed name,
address, email, and day time telephone number of the petitioner or his/her
authorized representative.
(6) A
petitioner may supplement or revise a petition at any time prior to approval by
the Executive Director or submission of the proposed change to the Board.
However, if significant changes are made, the petitioner should withdraw the
petition and submit a revised petition.
(c)
Notification of receipt. The
General Counsel, or designee, shall send the petitioner notification of receipt
of the petition within five (5) working days after receipt.
(d)
Consideration and
disposition. In accordance with 75 O.S. § 305, if rulemaking action has
not occurred by the 30th day after receipt of the petition, the petition shall
be deemed denied. Within fourteen (14) calendar days after the submission of
the petition, the General Counsel, or designee, shall review the request and
recommend the Executive Director:
(1) approve
the petitionfor Board action ;
(2)
deny the petition, in whole or in part, on any of the following grounds:
(A) the petition requests promulgation of a
rule that OJA clearly lacks authority to promulgate;
(B) the petition requests a rule or rule
change inconsistent with any applicable statutory or constitutional authority;
(C) the petition requests
promulgation, amendment, or repeal of an OJA policy that does not constitute a
rule as defined in the Oklahoma Administrative Procedures Act;
(D) the petition is frivolous and not pursued
in good faith; or
(E) the petition
is not feasible, taking into consideration available and anticipated agency
resources for the category of the subject matter of the proposed change and the
public policy or other grounds supporting the proposed change; or
(F) for other just cause; or
(3) request additional material
from the petitioner.
(e)
Executive Director responsibilities. The Executive Director, or
designee, shall send the recommendation and other pertinent material to each
member of the Board within two (2) calendar days of decision.
(1) If the next regularly scheduled Board
meeting falls within twenty (20) calendar days of receipt of the petition, the
Executive Director, or designee, shall ensure that the petition is placed as an
action item on the agenda of the Board's next regularly scheduled
meeting.
(2) If the next regularly
scheduled Board meeting does not fall withinthirty (30) calendar days of
receipt of the petition, the Executive Director, or designee, shall notify the
Board. The Board may choose to call a Special meeting, in accordance with OAC
377:1-1-5(b)
within the thirty (30) day time period to consider the petition.
(f)
Responsibilities of the
Board of Juvenile Affairs. The Board shall decide whether to approve or
deny the petition.
(g)
Notification of approval or denial of petition. The General
Counsel, or designee, shall notify the petitioner of the decision to approve or
deny the petition withinthirty (30) days of receipt of the petition.
(h)
Rulemaking process. If the
Board approves the petition, the General Counsel, or designee, shall initiate
OJA's rulemaking process.
(i)
Notice to petitioner. If the petitioner does not attend the Board
meeting in which the vote on the rule revision is made, the General Counsel, or
designee, shall provide written notice within five (5) working days after the
Board's meeting of the Board's decision.
Added at 14 Ok Reg
1857, eff 6-2-97; Amended at 15 Ok Reg 2655, eff 7-1-98; Amended at 16 Ok Reg
2963, eff 7-12-99; Amended at 17 Ok Reg 3127, eff
7-27-00
