Oklahoma Administrative Code
Title 432 - Commission on Marginally Producing Oil and Gas Wells
Chapter 1 - Administrative Operations
Subchapter 5 - Hearing Practices and Procedures
Section 432:1-5-12 - Declaratory ruling

Universal Citation: OK Admin Code 432:1-5-12

Current through Vol. 41, No. 13, March 15, 2024

(a) The Commissioners may honor requests from interested persons for interpretative opinions as to the applicability of any rule or order, if it be shown that an actual case, controversy, or issue is in contemplation and that unreasonable hardship, loss or delay would result if the matter were not determined in advance.

(b) The request should set forth the following information:

(1) the name and address of the person or entity requesting the declaratory ruling;

(2) the full text of the rule involved;

(3) the basis for requesting the declaratory ruling, including the basis for contesting the validity of the rule, if applicable; and

(4) any court cases, Attorney General's opinions, or other explanatory material supporting the position of the person or entity seeking the ruling.

(c) Upon receipt of the request, the Commissioners shall proceed to set the matter for hearing in accordance with Sections 309-323 of the Oklahoma Administrative Procedures Act and Subchapter 5 of these Chapter 1 rules.

(d) Any person aggrieved by a declaratory ruling of the Commission may seek a review of the decision of the Commission in accordance with Sections 317 through 323 of the Oklahoma Administrative Procedures Act and Section 1-5-11 of these Chapter 1 rules. Nothing herein shall impair the right of any person to seek a declaratory judgment respecting a rule's validity in accordance with Section 306 of the Oklahoma Administrative Procedures Act.

Added at 11 Ok Reg 1957, eff 4-20-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3366, eff 8-25-95

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