Oklahoma Administrative Code
Title 40 - Board of Tests for Alcohol and Drug Influence
Chapter 1 - Organization, Operations, Procedures and Policies
Section 40:1-1-4 - Policies and procedures for rule-making
Current through Vol. 41, No. 13, March 15, 2024
(a) General policies. In proposing, considering, adopting, amending, or repealing Rules and Regulations and taking other actions of general applicability, the Board shall act in compliance with the Oklahoma Administrative Procedures Act, the Open Meeting Act, and other provisions of law.
(b) Cumulative effect of rules. The contents of this Chapter shall be cumulative to other Rules and Regulations of the Board, and shall not nullify, replace, or supersede other currently effective Rules and Regulations adopted by the Board.
(c) Severability of rules. The provisions of the various Sections of this Chapter, and of every other currently effective Rule and Regulation adopted by the Board, are severable. If any parts or provisions of any such Rule and Regulation 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 and Regulation.
(d) Rule-making proposals. Rule-making may be commenced by the Board on its own initiative. Any interested party may also petition the Board, in accordance with procedures set forth in this Chapter, to adopt, amend, or repeal a Rule and Regulation. The Board will afford all properly interested parties reasonable opportunity to submit views, data, information, or arguments concerning action proposed or under consideration by the Board on a Rule and Regulation or concerning a request that the Board promulgate, amend, or repeal a Rule and Regulation.
(e) Rule-making petitions. Petitions to the Board for promulgation, amendment, or repeal of a Rule and Regulation shall be in the following form and contain the following information.
(f) Action on petitions. All petitions shall be examined to determine whether the procedural requirements have been met and whether the facts, justifications and other submissions afford a reasonable basis for rule-making. Petitions found to be not in proper form or lacking the necessary reasonable basis for consideration by the Board will be returned to the submitter(s). Petitioner(s) will be notified of whether and, if so, when the Board will consider rule-making action on a given petition. Action on petitions accepted will be considered by the Board at a regularly scheduled meeting or at a special meeting, as appropriate. If a petition for consideration of rule-making by the Board is accepted, the proposed action(s) shall thereafter be treated by the Board identically to other rule-making procedures and in accordance with the Administrative Procedures Act.