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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 1008 By: Dahm
AS INTRODUCED
An Act relating to rulemaking authority; amendi ng 75
O.S. 2011, Sections 250.2 and 250.3, as amended by
Sections 1 and 2, Chapter 357, O.S.L. 2013 (75 O.S.
Supp. 2020, Sections 250.2 and 250.3), which relate
to legislative intent and definitions; clarifying
legislative intent for certain rulemaking aut hority;
requiring inclusion of certain st atutory reference;
defining term; updating statutory reference; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 75 O.S. 2011, Section 250.2, as
amended by Section 1, Chapter 357, O.S.L. 2013 (75 O.S. Supp. 2020,
Section 250.2), is amended to read as follows:
Section 250.2. A. Article V of the Oklahoma Constitution vests
in the Legislature the power to make laws, and thereby to establish
agencies and to desi gnate agency functions, budgets and purposes.
Article VI of the Oklahoma Constitution charges the Executive Branch
of Government with the responsibility to implement all measures
enacted by the Legislature.
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B. In creating agencies and designating their f unctions and
purposes, the Legislature may delegat e rulemaking authority to
executive branch agencies to facilitate administration of
legislative policy. The delegation of rulemaking aut hority is
intended to eliminate the necessity of establishing every
administrative aspect of general public policy by l egislation. In
so doing, however, t he Legislature reserves to itself:
1. The right to retract any delegation of rulemaking authority
unless otherwise precluded by the Oklahoma Constitution;
2. The right to establish any aspect of general policy by
legislation, notwithstanding any delegati on of rulemaking authority;
3. The right and responsibility to designate the method for
rule promulgation, review and modification;
4. The right to approve or disapprov e any adopted rule by joint
resolution; and
5. The right to disapprove a proposed per manent, promulgated or
emergency rule at any time if the Legislature determines such rule
to be an imminent harm to the health, safety or welfare of the
public or the state or if the Legislature determines that a rule is
not consistent with legislative int ent.
C. All rulemaking authority delegated by the Legislature to
executive branch agencies shall be used only to implement law or
policy as set by the Legislature. With in three (3) years of the
effective date of this a ct, all administrative rules, including
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those already in existence, shal l include a specific reference to
the statutory provision that de legates the authority for
promulgation of such rule.
SECTION 2. AMENDATORY 75 O.S. 2011, Section 250.3, as
amended by Section 2, Chapter 357, O.S.L. 2013 (75 O.S. Supp. 2020,
Section 250.3), is amended to read as follows:
Section 250.3. As used in the Administrative Procedures Ac t:
1. “Administrative head” means an official or agency body
responsible pursuant to law for issuing final agency orders;
2. “Adopted” means a proposed emergency rule which has been
approved by the agency but has not been approved or disapproved by
the Governor as provided by Section 253 of this title, or a proposed
permanent rule which has been approved by the agency , but has not
been approved or disapproved by the Legislature or by dec laration of
the Governor as provided by subsection D of Section 6 of this act
308.3 of this title;
3. “Agency” includes but is not limit ed to any constitutionally
or statutorily created state board, bureau, commission, office,
authority, public trust in which the state is a beneficiary, or
interstate commission, except:
a. the Legislature or any branch, committee or officer
thereof, and
b. the courts;
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4. “Emergency rule” means a rule that is made pursuant to
Section 253 of this title;
5. “Final rule” or “finally adopted rule” means a rule other
than an emergency rule, whi ch has not been published pursuant to
Section 255 of this title but is otherwise in compliance with the
requirements of the Administrative Procedures Act, and is:
a. approved by the Legislature pursuant to S ection 6 of
this act 308.3 of this title, provided that any such
joint resolution becomes law in accordance with
Section 11 of Article VI of the Oklahoma Constitution,
b. approved by the Governor pursuant to subsect ion D of
Section 6 of this act 308.3 of this title,
c. approved by a joint resolu tion pursuant to subsection
B of Section 308 of this title, provided that any such
resolution becomes law in accordance with Section 11
of Article VI of the Oklahoma Constitution, or
d. disapproved by a joint resolution pursuant to
subsection B of Section 308 of this title or Section 6
of this act 308.3 of this title, which has been vetoed
by the Governor in accordance with Section 11 of
Article VI of the Oklahoma Constitution and the veto
has not been overridden;
6. “Final agency order” means an order that include s findings
of fact and conclusions of law pursuant to Section 312 of this
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title, is dispositive of an individual proceeding unless there is a
request for rehearing, reopening , or reconsideration pursuant to
Section 317 of this title and which is subject to judicial review;
7. “Hearing examiner” means a person meeting the qualifications
specified by Article II of the Administrative Procedures Act and who
has been duly appointed by an agency to hold hearings and, as
required, render orders or proposed orders ;
8. “Individual proceeding” means the formal process employed by
an agency having jurisdiction by law to resolve issues of law or
fact between parties and which results in the exercise of discretion
of a judicial nature;
9. “License” includes the whole or part of any agency permit,
certificate, approval, registration, c harter, or similar form of
permission required by law;
10. “Office” means the Office of the Secretary of State;
11. “Order” means all or part of a formal or official decision
made by an agency including but not limited to final agency orders;
12. “Party” means a person or agency named and participating,
or properly seeking and entitled by law to participate, in an
individual proceeding;
13. “Permanent rule” means a rule that is made pur suant to
Section 303 of this title;
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14. “Person” means any individual, partnership, corporation,
association, governmental subdivision , or public or private
organization of any character other than an agency;
15. “Political subdivision ” means a county, city, incorporated
town or school district within this state;
16. “Promulgated” means a finally adopted rule which has been
filed and published in accordance with the provisions of the
Administrative Procedures Act, or an emergency rule or preemptive
rule which has been approved by the Governor;
17. “Rule” means any agency statement or group of related
statements of general applicability and future effect that
implements, interprets or prescribes law or policy as delegated by
the Legislature, or describes the procedure or practice requirements
of the agency. The term “rule” includes the amendment or revocation
of an effective rule but does not include:
a. the issuance, renewal, denial, suspension or
revocation or other sanction of an individual specific
license,
b. the approval, disapproval or pres cription of rates.
For purposes of this subparagraph, the term “rates”
shall not include fees or charges fixed by an agency
for services provided by that agency including but not
limited to fees charged for licen sing, permitting,
inspections or publicatio ns,
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c. statements and memoranda concerning only the internal
management of an agency and not affecting private
rights or procedures available to the public,
d. declaratory rulings issued pursuant to Section 307 of
this title,
e. orders by an agency, or
f. press releases or “agency news releases,”, provided
such releases are not for the purpose of interpreting,
implementing or prescribing law or agency policy;
18. “Rulemaking” means the process employed by an agency for
the formulation of a rule; and
19. “Secretary” means the Secretary of State.
SECTION 3. This act shall become effective November 1, 2021.
58-1-1094 MR 1/21/2021 8:55:39 PM