Oklahoma § 75-306 - Validity or applicability of rules - Action - Parties Presumption of validity - Burden of proof when rule appealed Declaratory judgment

§ 75-306. Validity or applicability of rules - Action - Parties Presumption of validity - Burden of proof when rule appealed Declaratory judgment

A. The validity or applicability of a rule may be determined in

an action for declaratory judgment in the district court of the

county of the residence of the person seeking relief or, at the

option of such person, in the county wherein the rule is sought to

be applied, if it is alleged the rule, or its threatened

application, interferes with or impairs, or threatens to interfere

with or impair, the legal rights or privileges of the plaintiff.

B. The agency shall be made a party to the action.

C. Rules promulgated pursuant to the provisions of the

Administrative Procedures Act are presumed to be valid until

declared otherwise by a district court of this state or the Supreme

Court. When a rule is appealed pursuant to the Administrative

Procedures Act it shall be the duty of the promulgating agency to

show and bear the burden of proof to show:

1. that the agency possessed the authority to promulgate the

rule;

2. that the rule is consistent with any statute authorizing or

controlling its issuance and does not exceed statutory authority;

3. that the rule is not violative of any other applicable

statute or the Constitution; and

4. that the laws and administrative rules relating to the

adoption, review and promulgation of such rules were faithfully

followed.

The provisions of this subsection shall not be construed to

impair the power and duty of the Attorney General to review such

rules and regulations and issue advisory opinions thereon.

D. A declaratory judgment may be rendered whether or not the

plaintiff has requested the agency to pass upon the validity or

applicability of the rule in question.

Laws 1963, c. 371, § 6; Laws 1977, c. 114, § 1, eff. Oct. 1, 1977;

Laws 1987, c. 207, § 17.