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In this paper we propose to address the problem of joint optimal rate and power allocation for secondary user in an Opportunistic Spectrum Sharing (OSS) context with a primary user implementing an Incremental Redundancy Hybrid ReQuest (IR-HARQ) access protocol. We start from the description of an IR-HARQ protocol using ACcumulated Mutual Information to propose a Constrained Markov Decision Process (CMDP) model. We show that in this particular context CMDP can be used to efficiently solve this problem. And we finally give the algorithm to compute joint optimal rate and power allocation for secondary users.