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SENATE FLOOR VERSION
February 24, 2021
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 913 By: Daniels and Bullard of the
Senate
and
Gann of the House
An Act relating to administrative rules; amending 75
O.S. 2011, Sections 250.2, as amended by Section 1,
Chapter 357, O.S.L. 2013 , 250.3, as amended by
Section 2, Chapter 357, O.S.L. 2013, 250.4a, 250.6,
250.10, as amended by Section 49, Chapter 227, O.S.L.
2013, 251, as last amended by Section 215, Chapter
408, O.S.L. 2019, 253, as amended by Section 3,
Chapter 357, O.S.L. 2013, 303, as amended by Section
50, Chapter 227, O.S.L. 2013, 303.1, as amended by
Section 2, Chapter 252, O.S.L. 2016, 305, 307.1, 308,
as amended by Section 4, Chapter 357, O.S.L. 2013,
Section 6, Chapter 357, O.S.L. 2013, (75 O.S. Supp.
2020, Sections 250.2, 2 50.3, 250.10, 251, 253, 303,
303.1, 308 and 308.3), which relate to the
Administrative Procedure Act; clarifying authority to
modify certain administrative rules; adding certain
definitions; deleting ce rtain rule approval
procedure; providing for posting certain information
on a website; deleting obsolete language; modifying
number of days for certain responses; providing for
publication on website; providing procedure for
certain committee to suspend an agency emergency
rule; adding certain persons to rece ive certain
information; clarifying inclusion of certain
information; requiring certain notarized statement;
authorizing certain committee to disapprove certain
rules under certain circumstances; creati ng expedited
rule repeal process; providing procedures for
agencies for certain request; specifying criteria for
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qualification; requiring certain notice; allowing for
comment period; providing for certain hearings and
votes; prohibiting certain agency requ ests by certain
date; adding certain persons to receiv e certain
information; conforming language; modifying method
for agencies to initiate rule making proceedings;
creating a Joint Committee on Administrative Rules;
providing for membership; providing for selection of
co-chairs; providing for meeting schedul e; stating
requirement of a quorum; providing purpose of the
committee; providing for voting requirements;
clarifying certain powers ; adding entity to receive
certain rules; establishing requirements for approval
or disapproval by Governor of agency rules; providing
for recommendations of certain rules; modifying type
of legislative vehicle for procedure; deleting
certain approval procedure ; updating statutory
language; providing for codification; 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 v ests
in the Legislature the power to make laws, and thereby to establish
agencies and to designate agency functions, budgets and purposes.
Article VI of the Oklahoma Constitut ion charges the Executive Branch
of Government with the responsibility to implem ent all measures
enacted by the Legislature.
B. In creating agencies and designating their functions and
purposes, the Legislature may delegate rulemaking authority to
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executive branch agencies to facilitate administ ration of
legislative policy. The dele gation of rulemaking authority is
intended to eliminate the necessity of establishing every
administrative aspect of general public policy by legislation. In
so doing, however, the 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 deleg ation of rulemaking authority;
3. The right and responsibility to designate the method for
rule promulgation, review, repeal and modification;
4. The right to approve or disapprove or repeal any adopted
rule by joint resolution; and
5. The right to disa pprove a proposed permanent, promulgated or
emergency rule at any time if the Le gislature determines such rule
to be an imminent ha rm 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 intent.
SECTION 2. AMENDATORY 75 O.S . 2011, Section 250.3, as
amended by Section 2, Cha pter 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 Act:
1. “Administrative head” means an official or agency body
responsible pursuant to law for issuing final agency orders;
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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 provid ed by Section 253 of this title, or a p roposed
permanent rule which has been approved by t he agency, but has not
been approved or disapproved by the Legislature or by declaration of
the Governor as provided by subse ction D of Section 6 of this act;
3. “Agency” includes but is not limited to an y constitutionally
or statutorily created state boa rd, bureau, commission, office,
authority, public trust in which the state is a beneficiary, or
interstate commission, except :
a. the Legislature or any branch, commi ttee or officer
thereof, and
b. the courts;
4. “Concurrent majority” means a majority of members on the
Joint Committee on Administrative Rules from both the Oklahoma
Senate and the Oklahoma House of Representative s;
5. “Emergency rule” means a rule that is made pursuant to
Section 253 of this title;
5. 6. “Expedited repeal” means the procedure utilized by a
rule-making agency as specified in Se ction 9 of this act;
7. “Final rule” or “finally adopted rule ” means a rule other
than an emergency rule, whic h has not been published pursuant to
Section 255 of this title but is otherwise in compliance with the
requirements of the Administrative Procedu res Act, and is:
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a. approved by the Legislature pursuant to Section 6
308.3 of this act 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 pursuan t to subsection D of
Section 6 of this act,
c. approved by a joint res olution 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.
c. disapproved by a joint resolution pursuant to
subsection B of Section 308 of this title or Section 6
308.3 of this act 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. 8. “Final agency order” means an order that includes
findings of fact and conclusi ons of law pursuant to Section 312 of
this 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;
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7. 9. “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 pr oposed orders;
8. 10. “Individual proceeding” means the formal process
employed by an agency ha ving 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. 11. “License” includes the whole or part of any agenc y
permit, certificate, approval, registration, charter, or similar
form of permission required by law;
10. 12. “Office” means the Office of the Secretary of State;
11. 13. “Order” means all or part of a formal or official
decision made by an agency inclu ding but not limited to final agency
orders;
12. 14. “Party” means a person or agency named and
participating, or properly seeking and entitled by law to
participate, in an individual proceeding;
13. 15. “Permanent rule” means a rule that is made pursuan t to
Section 303 of this title;
14. 16. “Person” means any individual, partnership,
corporation, association, governmental subdivision, or public or
private organization of any character other than an agency;
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15. 17. “Political subdivision” means a county, city,
incorporated town or school district within th is state;
16. 18. “Promulgated” means a finally adopted rule which has
been filed and published in accordance with the provisions of the
Administrative Procedu res Act, or an emergency rule or preempti ve
rule which has been approved by the Governor;
17. 19. “Rule” means any agency statement or group of related
statements of general applicability and future effect that
implements, interprets or prescribes law or policy, 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 i ndividual specific
license,
b. the approval, disapproval or prescription 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 licensing, permitting,
inspections or publications,
c. statements and memoranda concerning only the internal
management of an agency and not affecting private
rights or procedures available to the public,
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d. declaratory rulings issued pursu ant 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. 20. “Rulemaking” means the process employed by an agency
for the formulation of a rule; and
19. 21. “Secretary” means the Secretary of State;
22. “Small business” means a for-profit enterprise consisting
of fifty or fewer full -time or part-time employees; and
23. “Technical legal defect” means an error that would
otherwise invalidate an action by a court of law .
SECTION 3. AMENDATORY 75 O.S. 2011, Section 250.4a, is
amended to read as follows:
Section 250.4a. A. Any agency exempt from all or part of the
Administrative Procedures Act pursuant to su bsection A of Section
250.4 of this title shall maintain and make available for public
inspection its exempt rules at its principal place of business and
on any website associated with the agency .
B. It is recognized by the Oklahoma Legislature that agenc ies
specified by subsection A of this section have pub lished rules
containing obsolete rules or internal policy statements or agency
statements which do not meet the Administrative Procedures Act
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definition of rules. Therefore, by December 31, 2005, each such
agency shall conduct an internal review of its ru les to determine
whether each of its rules is current and is a rule as such term is
defined by the Administ rative Procedures Act. Any rule determined
by an agency to be obsolete or an internal policy s tatement or any
agency statement which does not meet t he definition of a rule
pursuant to the Administrative Procedures Act shall be deleted by
the agency. Notice of such deletion shall be submitted to the
Speaker of the House of Representatives, the Pres ident Pro Tempore
of the Senate and the Governor for i nformational purposes.
C. The provisions of this section shall not be construed to
authorize any agency to amend any rule or to delete any rule which
affects any private rights or procedures available to the public.
SECTION 4. AMENDATORY 75 O.S. 2011, Section 250.6, is
amended to read as follows:
Section 250.6. A. 1. The Commission for Human Services may
promulgate a preemptive rule p ursuant to the provisions of this
section:
a. when the Commission for Human Services is require d by
federal law, federal rules, a state law enacted
pursuant to federal law or federal rule, or order of a
court of competent jurisdiction to adopt a rule, or a n
amendment, revision or revocation of an existing rule,
and
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b. which if such rule is not immed iately adopted would
result in the imposition of a financial penalty, or a
reduction, withholding or loss of federal funds.
2. A preemptive rule must be approve d by the Governor pursuant
to this section.
3. The website of the Commission shall provide a link to the
website of the Secretary of State where the preemptive rules of the
Commission are published .
4. The conditions specified in this subsection for the
promulgation of a preemptive rule shall b e the only conditions
authorized for promulgation of such rule by the Commission for Human
Services.
B. 1. Upon the adoption of such preemptive rule by the
Commission, the Director of the Department of Human Servi ces shall
request the Governor to approve the rules on the basis tha t such
rules are required to comply with a federal law, federal rule, a
state law enacted pursuant to federal law or rule, or order of a
court of competent jurisdiction and which if such r ules are not
immediately adopted would re sult in a financial penalty , or a
reduction, withholding or loss of fe deral funds.
2. Upon the filing of the request for approval of a preemptive
rule, the Governor shall review such rule and decide as to whether
such rule should be approved. Prior to ap proval of a preemptive
rule, the Governor shall submit the preemptive rule to the Office of
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the Secretary of State for review of proper formatting unless the
preemptive rule has been reviewed by the Office prior to agency
submission to the Governor. Failu re of the Governor to appro ve such
rule within twenty-eight (28) calendar days shall constitute denial
of the rule as a preemptive rule.
3. Upon approval of a pre emptive rule, the Governor shall
immediately notify the Commission. Upon receipt of notice o f the
approval of the preem ptive rule, the Commission shall file the
number of copies specified by the Secretary of the approval issued
by the Governor and the num ber of copies specified by the Secretary
of the preemptive rule with the Office pursuant to S ection 251 of
this title.
4. The preemptive rule shall be published i n accordance with
the provisions of Section 255 of this title in “The Oklahoma
Register” following approval by the Governor. The Governor ’s
approval and the approved rules shall be reta ined as official
records by the Office of Administrative Rules.
5. For informational purposes only, a copy of the Governor ’s
approval and the preemptive rule shal l be submitted by the
Commission to the Speaker of t he House of Representatives and the
President Pro Tempore of the Sen ate within ten (10) days of the
approval of the preemptive rule by the Governor.
6. Upon approval by the Governor, the rule shall be co nsidered
promulgated and shall be in force immediate ly, or if a later date is
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required by statute or specified in the ru le, the later date is the
effective date.
C. A preemptive rule shall be considered to be a permanent rule
and shall remain in full forc e and effect unless and until
specifically disapprov ed during the first thirty (30) legislative
days of the next regular legislative session following promulgation
of such preemptive rule or unless an earlier expiration date is
specified by the Commission. The Legislature may disapprove such
rule pursuant to Section 308 of this title. Any resolu tion
introduced for the pur pose of disapproving such rule shall not be
subject to regular legislative cut off dates.
D. Except as otherwise provided by this secti on, preemptive
rules shall be promulgated and publis hed in compliance with Article
I of the Administrative Procedures Ac t. Preemptive rules
promulgated pursuant t o the provisions of this section shall be
exempt from the provisions of Sections 253, 303, 30 3.1, 303.2, 304,
308 and 308.1 of this title.
SECTION 5. AMENDATORY 75 O.S. 2011, Section 250. 10, as
amended by Section 49, Chapter 227, O.S.L. 2013 (75 O.S. Supp. 2020,
Section 250.10), is amended to read as follows:
Section 250.10. The Governor by Executive Order or either house
of the Legislature or both houses of the Legislature by resolution,
or a small business, may request an agency to review its rules to
determine whether or not the rules in question should be amended,
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repealed or redrafted. The agency shall respond to req uests from
the Governor or the Legislatur e within ninety (90) thirty (30)
calendar days of such request. The agency shall respond to requests
made by a small business within ninety (90) calendar days.
SECTION 6. AMENDATORY 75 O.S . 2011, Section 251, as last
amended by Section 215, Chapter 408, O. S.L. 2019 (75 O.S. Supp.
2020, Section 251), is amended to read as follows:
Section 251. A. 1. Upon the request of the Secretary, each
agency shall furnish to the Office a co mplete set of its permanent
rules in such form as is required by the Secretary o r as otherwise
provided by law.
2. The Secretary shall promulgate rules to ensure the effective
administration of the provisions of Article I of the Administrative
Procedures Act. The rules shall include, but are not limited t o,
rules prescribing paper s ize, numbering system, and the format of
documents required to be filed pursuant to the provisions of the
Administrative Procedures Act or such other requirements as deemed
necessary by the Secretary to implement the provisions of the
Administrative Proced ures Act.
3. The website of each agency shall provide a link to the
website of the Secretary of State where the rules of the agency are
published.
B. 1. Each agency shall file the numb er of copies specified by
the Secretary of all new rules, and all amendmen ts, revisions or
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revocations of existing rules atte sted to by the agency, pursuant to
the provisions of Section 254 of this title, with the Office within
thirty (30) calendar days af ter they become finally adopted.
2. An agency filing rules pursuant to th e provisions of this
subsection:
a. shall prepare the rules in plain language which can be
easily understood,
b. shall not unnecessarily repeat statutory language.
Whenever it is necessary to refer to statutory
language in order to effectively convey the meaning of
a rule interpreting that language, the r eference shall
clearly indicate the portion of the language which is
statutory and the portion which is the agency ’s
amplification or interpretation of that language,
c. shall indicate whether a rule is ne w, amends an
existing permanent rule or repeals an existing
permanent rule. If a rule amends an existing rule,
the rule shall indicate the language to be deleted
typed with a line through the language and language to
be inserted typed with the new languag e underscored,
d. shall state if the rule supersede s an existing
emergency rule,
e. shall include a reference to any rule requiring a new
or revised form in a note to the rule. The Secretary
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shall insert that reference in “The Oklahoma Register”
as a notation to the affected rule,
f. shall prepare, in pla in language, a statement of the
gist of the rule and an analysis of new or amended
rules. The analysis shall include but not be li mited
to a reference to any statute that the rule
interprets, any related statute or any related rule,
g. may include with its rules, brief notes,
illustrations, findin gs of facts, and references to
digests of Supreme Court cases, other court decisions,
or Attorney General’s opinions, and other e xplanatory
material. Such materi al may be included if the
material is labeled or se t forth in a manner which
clearly distinguishes it from the rules,
h. shall include other information, in such form and in
such manner as is required by the Secretary, and
i. may change the format of exist ing rules without any
rulemaking action by the agen cy in order to comply
with the standard pro visions established by the
Secretary for “Code” and “The Oklahoma Register ”
publication so long as there is no substantive change
to the rule.
C. The Secretary is authorized to determine a numbering system
and other standardized format for documents to be filed and may
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refuse to accept for publication any document that does not
substantially conform to the promulgated rules of the Secretary.
D. In order to avoid unnecessary expense, an agency may use the
published standards established by organizations an d technical
societies of recognized national standing, other state agencies, or
federal agencies by incorporating the standards o r rules in its
rules or regulations by reference to the specific issue or issues of
publications in which the standards are pub lished, without
reproducing the standards in full. The standards shall be readily
available to the public for examination at the administrative
offices of the agency. In addition, a copy of such standards shall
be kept and maintained by the agency pursua nt to the provisions of
the Preservation of Essential Records Act.
E. The Secretary sha ll provide for the publication of all
Executive Orders received pursuant t o the provisions of Section 664
of Title 74 of the Oklahoma Statutes.
F. The Secretary may au thorize or require the filing of rules
or Executive Orders by or through electronic data or machine
readable equipment in such fo rm and manner as is required by t he
Secretary.
G. In consultation with the Adjutant General, the Secretary
shall establish a method for the publication and archiving of all
military publications received by the Sec retary of State from the
Adjutant General pursuant to the Oklahoma Uniform Code of Military
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Justice and the Oklahoma State Gu ard Act. Military publications
shall be defined in accordance with Section 801 of Title 44 of the
Oklahoma Statutes. The Secretar y may also authorize or require the
filing of military publications by or through electronic means in
such form and manner as is required by the Secretary. This
subsection shall only apply to military publications promulgated
after October 1, 2019.
H. On or before October 1, 2021, the Secretary shall commence
publication of all military publications provided by the Adjutant
General. On a biennial basis thereafter, the Secretary shall cause
the military publications received in the course of the previous two
(2) years to be published in a printe d and bound format suitable for
physical archiving in sufficient numbers to satisfy the requirements
of the “Publications Clearinghouse” established in Section 3 -113.3
of Title 65 of the Oklahoma Statutes.
SECTION 7. AMENDATORY 75 O.S. 2011, Section 253, as
amended by Section 3, Chapter 357, O.S.L. 2013 (75 O.S. Supp. 2020,
Section 253), is amended to rea d as follows:
Section 253. A. 1. If an agency finds that a rule is
necessary as an emergency measure, the rule may be promulga ted
pursuant to the provisions of this section, if the rule is first
approved by the Governor. The Governor shall not approve the
adoption, amendment, revision or revocation of a rule as an
emergency measure unless the agency submits substantial evidence
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that the rule is necessary as an emergency measure to do any of the
following:
a. protect the public health, safety or welfare,
b. comply with deadlines in amendments to an agency ’s
governing law or federal programs ,
c. avoid violation of federal law or re gulation or other
state law,
d. avoid imminent reduction to the agency ’s budget, or
e. avoid serious prejudice to the public in terest.
As used in this subsection, “substantial evidence ” shall mean
credible evidence which is of sufficient quality and probat ive value
to enable a person of r easonable caution to support a conclusion.
2. In determining whether a rule is necessary as a n emergency
measure, the Governor shall consider whether the emergency situation
was created due to the agency’s delay or inaction and could have
been averted by timely compliance with the provisions of this
chapter.
B. An emergency rule adopted by an age ncy shall:
1. Be prepared in the format required by Section 251 of this
title;
2. a. Include an impact statement which meets the
requirements set forth in subpar agraph b of this
paragraph unless the Governor waiv es the requirement
in writing upon a findin g that the rule impact
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statement or the specified contents thereof are
unnecessary or contrary to the public interest.
b. The rule impact statement shall include, but not be
limited to:
(1) a brief description of the proposed rule,
(2) a description of the persons who most likely will
be affected by the proposed rule, including
classes that will bear the costs of the proposed
rule, and any information on cost impac ts
received by the agency from any private or publi c
entities,
(3) a description of the classe s of persons who will
benefit from the proposed rule,
(4) a description of the probabl e economic impact of
the proposed rule upon affected classes of
persons or political subdivisions, including a
listing of all fee changes and, whenever
possible, a separate justification for each fee
change,
(5) the probable costs and benefits to the agenc y and
to any other agency of the implementa tion and
enforcement of the propo sed rule, and any
anticipated effect on state reven ues, including a
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projected net loss or gain in such revenues if it
can be projected by the agency,
(6) a determination of whether implementation of the
proposed rule may ha ve an adverse economic effect
on small business as provided by the Oklahoma
Small Business Regulatory Flexibility Act,
(7) an explanation of the measures the agency has
taken to minimize compliance costs and a
determination of whether there are less costly or
nonregulatory methods or less intrusive methods
for achieving the purpose of the proposed rule,
(8) a determination of the effect of the proposed
rule on the public health, safety and environment
and, if the proposed rule is designed to reduce
significant risks to the public health, s afety
and environment, an explanation of the nature of
the risk and to what extent the propose d rule
will reduce the risk,
(9) a determination of any detrimental effect on the
public health, safety and environment if the
proposed rule is not implemented, a nd
(10) the date the rule impact statement was prep ared
and if modified, the date modified.
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c. The rule impact statement shall be prepared on or
before the date the emergency rule is adopted;
3. Be transmitted pursuant to Section 464 of Title 74 of the
Oklahoma Statutes to the Governor, the Speaker of the Oklahoma House
of Representatives and, the President Pro Tempore of the Senate and
the chairs of the Joint Committee on Administra tive Rules, along
with the information re quired by this subsection within ten (10)
days after the rule is adopted; and
4. Not be invalidated on the ground that the co ntents of the
rule impact statement are insufficient or inaccurate.
C. 1. Within forty -five (45) calendar days of receipt of a
proposed emergency rule filed with the Governor, the Speaker of the
Oklahoma House of Representat ives and, the President Pro Te mpore of
the Senate and the chairs of the Joint Committee on Administrative
Rules, the Governor shall review the demonstration of emergency
pursuant to subsection A of this section, and shall separately
review the rule in acco rdance with the standards pres cribed in
paragraph 3 of this subsection.
2. Prior to approval of emergency rules, the G overnor shall
submit the emergency rule t o the Secretary of State for review of
proper formatting.
3. If the Governor determines the age ncy has established the
rule is necessary as an eme rgency measure pursuant to subsection A
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of this section, the Governo r shall approve the proposed emergency
rule if the rule is:
a. clear, concise and understandable,
b. within the power of the agency to ma ke and within the
enacted legislative standards, an d
c. made in compliance with the requirements of the
Administrative Procedures Act.
D. 1. Within the forty -five-calendar-day period set forth in
paragraph 1 of subsection C of this section, the Governor may
approve the emergency rule or disapprove the em ergency rule.
Failure of the Governor to approve an emergency rule within the
specified period shall constit ute disapproval of the emergency rule.
2. If the Governor disapproves the adopted emergency rul e, the
Governor shall return t he entire document to the agency with reasons
for the disapproval. If the agency elects to modify the rule, the
agency shall adopt the modifications, and shall file the modified
rule in accordance with the requirements of sub section B of this
section.
3. Upon disapproval of an emergency rule, the Governor shall,
within fifteen (15) days, mak e written notification to the Speaker
of the House of Representatives, the President Pro Tempore of the
Senate, the chairs of the Joint C ommittee on Administrative Rul es
and the Office of Administrative Rules.
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E. 1. Upon approval of an emergency rule, th e Governor shall
immediately make written notification to the agency, the Speaker of
the House of Representatives, the President Pro Temp ore of the
Senate, the chairs of the Joint Committe e on Administrative Rules
and the Office of Administrative Rules. U pon receipt of the notice
of the approval, the agency shall file with the Office of
Administrative Rules as many copies of the notice of approval and
the emergency rule as required by the Secretary.
2. Emergency rules shall be subject to legislative revie w
pursuant to Section 308 of this title.
3. The emergency rule shall be published in accordance with the
provisions of Section 255 of th is title in “The Oklahoma Register”
following the approval by the Governor. The Governor ’s approval and
the approved rules shall be retained as official record s by the
Office of Administrative Rules.
F. 1. Upon approval by the Governor, an emergency rul e shall
be considered promulga ted and shall be in f orce immediately, or on
such later date as specified therein. An em ergency rule shall only
be applied prospectively from its effective date.
2. The Except as otherwise provided in this subsection, the
emergency rule shall remain in f ull force and effect through the
first day of the next succeeding regular session of the Legislature
following promulgation of suc h emergency rule until September 14
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following such session, unless it is made ineffective pur suant to
subsection H of this sec tion.
G. No agency shall adopt any emergency rule which establis hes
or increases fees, except during such times as the Legislatur e is in
session, unless specifically mandated by the Legislature or federal
legislation, or when the failure to establish or increase fees would
conflict with an order issued by a court of la w.
H. 1. If an emergency rule is of a continuing nature, the
agency promulgating such emergency rule shall initiate proceedings
for promulgation of a permanent rule pursuant to Sections 303
through 308.2 of this title. If an emergency rule is superseded by
another emergency rule prior to the enactment of a permanent rule,
the latter emergency rule shall retain the same expiration date as
the superseded emergency rule, unless otherwise authorized by the
Legislature.
2. Any promulgated emergency rule shal l be made ineffective if:
a. disapproved by the Legislature,
b. superseded by the promulgation of permanent rules,
c. any adopted rules based upon such emergency rules are
subsequently disapproved pursuant to Section 308 of
this title, or
d. an earlier expiration date is specified by the agency
in the rules.
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3. a. Emergency rules in effect on the first day of the
session shall be null and void on September 15
following sine die adjournment of the Legislature
unless otherwise specifically provided by the
Legislature.
b. Unless otherwise authorized by the Legislature, an
agency shall not adopt any emergency rule, which has
become null and void pursuant to subparagraph a of
this paragraph, as a new emergency rule or adopt any
emergency rules of similar scope or intent as the
emergency rules which became null and void pursuan t to
subparagraph a of this paragraph.
I. Emergency rules shall not become effective unless approved
by the Governor pursuant to the provisions of this section.
J. 1. The requirements of Section 303 of this t itle relating
to notice and hearing shall not be applicable to emergency rules
promulgated pursuant to the provisions of this section. Provided
this shall not be construed to prevent an abbreviated notice and
hearing process determine d to be necessary by an agency.
2. The rule report required pursu ant to Section 303.1 of this
title shall not be applicable to emergency rules promulgated
pursuant to the provisions of this section. Provided this shall not
be construed to prevent an agen cy from complying wit h such
requirements at the discretion of such agency.
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3. The statement of submission required by Section 303.1 of
this title shall not be applicable to emergency rules promulgated
pursuant to the provisions of this section.
K. Prior to approval or disapp roval of an emergency rule by the
Governor, an agency may withdraw from review an emergency rule
submitted pursuant to the provisions of this section. Notice of
such withdrawal shall be given to the Governor, the Speaker of the
House of Representatives, t he President Pro Tempore of the Senate in
accordance with the requirements set forth in Section 464 of Title
74 and to the Office of Administrative Rules as required by the
Secretary. In order to be promulgated as emergency rules, any
replacement rules sh all be resubmitted pursuant to the provisions of
this section.
L. Upon completing the requirements of this section, an agency
may promulgate a proposed emergency rule. No emergency rule is
valid unless promulgated in substantial comp liance with the
provisions of this section.
M. Emergency rules ad opted by an agency or approved by the
Governor shall be subject to review pursuant to the provisions of
Section 306 of this title.
SECTION 8. AMENDATORY 75 O.S. 20 11, Section 303, as
amended by Section 50, Chapter 227, O.S.L. 2013 (75 O.S. Supp. 2020,
Section 303), is amended to read as follows:
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Section 303. A. Prior to the adoption of any rule or am endment
or revocation of a rule and except as provided for pursuant to the
expedited rule repeal process provided in Section 9 of this act, the
agency shall:
1. Cause notice of any intended action to be published in “The
Oklahoma Register” pursuant to subsection B of this section;
2. For at least thirty (30) days after publication of the
notice of the intended rulemaking action, affo rd a comment period
for all interested persons to submit data, views or arguments,
orally or in writing. The agency shall c onsider fully all written
and oral submissions respecting the propo sed rule;
3. Hold a hearing, if required, as provided by subsect ion C of
this section;
4. Consider the effect its intended action may have on the
various types of business and governmenta l entities. Except where
such modification or variance is prohibit ed by statute or
constitutional constraints, if an agency finds t hat its actions may
adversely affect any such entity, the agency may modify its actions
to exclude that type of entity, or m ay “tier” its actions to allow
rules, penalties, fines or reporting procedures and forms to vary
according to the size of a business or governmental entity or its
ability to comply or both. For business entities, the agency shall
include a description of the probable quantitative and qualitative
impact of the proposed ru le, economic or othe rwise, and use
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quantifiable data to the exten t possible, taking into account both
short-term and long-term consequences; and
5. Consider the effect its intended action may have on the
various types of consumer groups. If an agency fin ds that its
actions may adversely affect such groups, the agency may modify its
actions to exclude that type of activity.
B. The notice required by paragraph 1 of subsection A of this
section shall include, but not be limited to:
1. In simple language, a brief summary of the rule;
2. The proposed action being taken;
3. The circumstances which created the need for the rule;
4. The specific legal authority , including statutory citations,
authorizing the proposed rule;
5. The intended effect of the rule;
6. If the agency determines that the rule affects business
entities, a request that such entities provide the agency, within
the comment period, in dollar amounts if possible, the increase in
the level of direct costs such as fees, and indirect costs suc h as
reporting, recordkeeping, equipment, construction, labor,
professional services, revenue loss, or other costs expected to be
incurred by a particular entity due to compliance wi th the proposed
rule;
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7. The time when, the place where, and the manner i n which
interested persons may present their views thereon pursua nt to
paragraph 3 of subsection A of this section;
8. Whether or not the agency intends to issue a rule impact
statement according to subsection D of this section and where copies
of such impact statement may b e obtained for review by the public;
9. The time when, the place where, and the manner in which
persons may demand a hearing on the proposed rule if the notice d oes
not already provide for a hearing. If the notice provides for a
hearing, the time and pla ce of the hearing shall be specified in the
notice; and
10. Where copies of the proposed rules may be obtained for
review by the public. An agency may charge pe rsons for the actual
cost of mailing a copy of the proposed rules to such persons.
The number of copies of such notice as specified by the
Secretary shall be submitted to the Secretary who shall publish the
notice in “The Oklahoma Register ” pursuant to the provision s of
Section 255 of this title.
Prior to or within three (3) days after publication of t he
notice in “The Oklahoma Register”, the agency shall cause a copy of
the notice of the proposed rule adoption and t he rule impact
statement, if available, to be maile d to all persons who have made a
timely request of the agency for advance notice of its rulemaking
proceedings. Provided, in lieu of mailing copies, an agency may
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electronically notify interested persons that a copy of the proposed
rule and the rule impac t statement, if available, may be viewed on
the agency’s website. If an agency posts a copy of the proposed
rule and rule impact statement on its website, the agency shall not
charge persons for the cost of downloading or printing the proposed
rule or impact statement. Each agency shall maintain a listing of
persons or entities requesting s uch notice.
C. 1. If the published notice does not already provide for a
hearing, an agency shall schedule a hearin g on a proposed rule if,
within thirty (30) days af ter the published notice of the proposed
rule adoption, a written request for a hearing is submitted by:
a. at least ten persons,
b. a political subdivision,
c. an agency, or
d. an association having not l ess than twenty-five
members.
At that hearing perso ns may present oral argument, data, and
views on the proposed rule.
2. A hearing on a p roposed rule may not be held earlier than
thirty (30) days after notice of the hearing is published pursuant
to subsection B of this section.
3. The provisions of this subsection shall not be construed to
prevent an agency from holding a hearing or hearin gs on the proposed
rule although not required by the provisions of this subsection;
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provided that notice of such hear ing shall be published in “The
Oklahoma Register” at least thirty (30) days prior to such heari ng.
D. 1. Except as otherwise provided in this subsection, an
agency shall issue a rule impact statement of a proposed rule prior
to or within fifteen (15) day s after the date of publication of the
notice of proposed rule adoption. The rule impact state ment may be
modified after any hearing or co mment period afforded pursuant to
the provisions of this section.
2. Except as otherwise provided in this subsection , the rule
impact statement shall include, but not be limited to:
a. a brief description of the purpose of the proposed
rule,
b. a description of the classes of persons who most
likely will be affected by the proposed rule,
including classes that will bear the costs of the
proposed rule, and any informatio n on cost impacts
received by the agency fro m any private or public
entities,
c. a description of the classes of persons who will
benefit from the proposed rule,
d. a description of the probable economic i mpact of the
proposed rule upon affected classes of persons or
political subdivisions, includin g a listing of all fee
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changes and, whenever possible, a separate
justification for each fee change,
e. the probable costs and benefits to the agency and to
any other agency of the implementation and enforcement
of the proposed rule, the source of revenue to be used
for implementation and enforcement of the proposed
rule, and any anticipat ed effect on state revenues,
including a projected net loss or gain in such
revenues if it can be projected by the agency,
f. a determination of whether implementation of the
proposed rule will have an eco nomic impact on any
political subdivisions or requi re their cooperation in
implementing or enforcing the rule,
g. a determination of whether implementation of the
proposed rule may have an adverse economic effect on
small business as provided by the Oklaho ma Small
Business Regulatory Flexibility Act,
h. an explanation of the measures the agency has taken to
minimize compliance cos ts and a determination of
whether there are less co stly or nonregulatory methods
or less intrusive methods for achieving the purp ose of
the proposed rule,
i. a determination of the effect of the proposed rule on
the public health, safety and environment an d, if the
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proposed rule is designed to reduce signi ficant risks
to the public health, safety an d environment, an
explanation of the nature of the risk and to what
extent the proposed rule will reduce the risk,
j. a determination of any detrimental effect o n the
public health, safety and environment if the proposed
rule is not implemented, and
k. the date the rule impact statement wa s prepared and if
modified, the date modified.
3. To the extent an agency for good cause finds the preparation
of a rule impact statement or the specified contents thereof are
unnecessary or contrary to the public interes t in the process of
adopting a particular rule, the agency may request the Governor t o
waive such requirement. Such request shall be in writing and shall
state the agency’s findings and the justification for suc h findings.
Upon request by an agency, the Governor may also waive the rule
impact statement requirements if the agency is requi red to implement
a statute or federal requirement that does not require an a gency to
interpret or describe the requirements, su ch as federally mandated
provisions which afford the agency no discretion to consider less
restrictive alternatives. If the Gove rnor fails to waive such
requirement, in writing, prior to publication of th e notice of the
intended rulemaking action, the rul e impact statement shall be
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completed. The determination to waive the rule impact statement
shall not be subject to judicial rev iew.
4. The rule shall not be invalidated on the ground that the
contents of the rule impact statement are insufficient or
inaccurate.
E. Upon completing the requirement s of this section, an agency
may adopt a proposed rule. No rule is valid unless adop ted in
substantial compliance with the provisions of this section.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 303a of Title 75, un less there
is created a duplication in numbering, read s as follows:
A. Upon request by a rule making agency, an expedited rule
repeal process may be utilized when such rule or rule s meet the
criteria pursuant to this section.
B. Beginning on September 1, 2021, and every year thereafter, a
rulemaking agency may initiate a request for expedited repeal of a
rule or rules when:
1. A request by the agency is submitted electronically t o the
President Pro Tempore of the Senate and the Speaker of the House of
Representatives. The request shall be assigned to the Joint
Committee on Administr ative Rules to conduct the repeal process ;
2. A copy of the rule or rules is provided along with a
statement indicating one of the following:
a. a rule is duplicate,
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b. the rule is obsolete,
c. the rule is no longer enforced,
d. the rule is no longer in compliance with state or
federal law,
e. the rule is no longer in compliance with federal
regulation, or
f. the rule does not affect substantive r ights of the
regulated community;
3. The agency provides notice in the “Oklahoma Register” in a
format reasonably calculated to provide notice to persons interested
in the rule; and
4. For at least ten (10) days after publication of the notice
of the intended action, afford a comment period for al l interested
persons. The agency shall c onsider fully all written and oral
submissions respecting the proposed rule.
C. Upon completion of the comment period , the committee may
schedule a hearing on the agency rule proposal. If the Committee
approves the repeal by concurrent majority, it shall be presented to
the Legislature for final approval .
No request for an expedited repeal s hall be initiated after May
1. Upon final legislati ve adoption, the agency shall comply with
additional publication requireme nts as provided by law.
An agency, at any point prior to final legislativ e adoption, may
withdraw the expedited agency rule repeal request.
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SECTION 10. AMENDATORY 75 O.S. 2011, Section 30 3.1, as
amended by Section 2, Chapter 252, O .S.L. 2016 (75 O.S. Supp. 2020,
Section 303.1), is amended to read as fol lows:
Section 303.1. A. Within ten (10) days after adop tion of a
permanent rule, the agency shall file two copies of the following
with the Governor, the Speaker of the House of Rep resentatives and,
the President Pro Tempo re of the Senate and the chairs of the Joint
Committee on Administrative Rules : all such new rules or
amendments; revisions or revocations t o an existing rule proposed by
an agency; and the agency rule report as required by subsection E of
this section.
B. If the agency determines in t he rule impact statement
prepared as part of the agency r ule report that the proposed rule
will have an economic impact on any political su bdivisions or
require their cooperation in implementing or enforcing a proposed
permanent rule, a copy of the propose d rule and rule report shall be
filed within ten (10) day s after adoption of the permanent rule with
the Oklahoma Advisory Committee on Int ergovernmental Relations for
its review. Said The Committee may communicate any reco mmendations
that it may deem nec essary to the Governor, the Speaker of the House
of Representatives and President Pro Tempore of the Senate d uring
the period that the perm anent rules are being reviewed.
C. When the rules have been submitted to the Governo r, the
Speaker of the House of R epresentatives and, the President Pro
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Tempore of the Senate and chairs of the Joint Committee on
Administrative Rules, the agency shall als o submit to the Office of
Administrative Rules for publication in “The Oklahoma Register”, a
statement that the adopt ed rules have been submitted to the Governor
and the Legislature.
D. The text of the adopted rules shall be submitted to the
Governor, the Speaker of the House of Representatives and the
President Pro Tempore of the Senate in the same format as required
by the Secretary pursuant to Section 251 of this title.
E. The report required by subsection A of this sectio n shall
include:
1. The date the notice of the intended rulemaking action was
published in “The Oklahoma Register ” pursuant to Section 255 of this
title;
2. The name and address of the agency;
3. The title and number of the rule;
4. A citation to the constitutional or statutory authority for
the rule;
5. The citation to an y federal or state law, court ruling, or
any other authority requiring th e rule;
6. A statement of the gist of the rule and or a brief summary
of the content of the adopted rule;
7. A statement explaining the need for the adopted rule;
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8. The date and location of the meeting, if held, at which such
rules were adopted or the dat e and location when the rules were
adopted if the rulemak ing agency is not required to hold a meeting
to adopt rules;
9. A summary of the comments and explanation of changes or l ack
of any change made in the adopted rules as a result of testimony
received at all hearings or meetings held or sponsored by an agen cy
for the purpose of providing the public an opport unity to comment on
the rules or of any written comments received prio r to the adoption
of the rule. The summary shall include all comments receiv ed about
the cost impact of the proposed rules;
10. A list of persons or organizations who appeared or
registered for or against the adopt ed rule at any public hearing
held by the agency or those who have commented in wri ting before or
after the hearing;
11. A rule impact statement if required pursuant to Sect ion 303
of this title;
12. An incorporation by refe rence statement if the rule
incorporates a set of rules from a body ou tside the state, such as a
national code;
13. The members of the governing b oard of the agency adopting
the rules and the recorded vo te of each member;
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14. The proposed effective date of the rules, if an effective
date is required pursuant to paragraph 1 of subsection B of Section
304 of this title; and
15. Any other information requested by the Governor, the
Speaker of the House of R epresentatives, the President Pro Tempore
of the Senate or either rule review comm ittee the Joint Committee on
Administrative Rules.
SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 303.2a of Title 75, unless there
is created a duplication in numbering, reads as follows:
A. The Governor shall have thirty (30) calendar days from
receipt of a rule from an agency to approve or disapprove the rule.
1. If the Governor approves the rule, the Governor shall
immediately notify the agency in writin g of the approval and the
rule shall proceed to legislative review pursua nt to the provisions
of Sections 307.1 and 308 of Title 75 of the Oklah oma Statutes. A
copy of such approval shall be given by the Governor to the
President Pro Tempore of the Senate , the Speaker of the House of
Representatives and the chairs of the Joint Committee on
Administrative Rules. Upon receipt of the approval, the agency
shall submit a notice of such approval to the Office of
Administrative Rules for publication in “The Oklahoma Register”.
2. If the Governor disapproves the rule, the Governor sh all
return the entire document to the agen cy. Notice of such
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disapproval shall be given by the Governor to the President Pro
Tempore of the Senate, the Speaker of the House of Repre sentatives
and the chairs of the Joint Committee on Administrative Rules.
Failure of the Governor to approve a rule within the specified
period shall constitute disapproval of the rule by the Governor.
Upon receipt of the disapproval or upon failure of the Governor to
approve the rule within the specified period, the agency sh all
submit a notice of such disapproval to the Office of Administrative
Rules for publication in “The Oklahoma Register ”. Any effective
emergency rule which would have been superseded by a disapproved
permanent rule shall be deemed null and void on the da te the
Governor disapproves the permanent rule.
B. Any rule not approved by the Governor pursuant to the
provisions of this section shall not becom e effective unless
otherwise approved by the Legislature by joint resolution pursuant
to subsection B of Sec tion 308 of Title 75 of the Oklahoma Statu tes.
SECTION 12. AMENDATORY 75 O.S. 2011, Sect ion 305, is
amended to read as follows:
Section 305. An interested person may petition an agency
requesting the promulgation, amendment, o r repeal of a rule. Each
agency shall prescri be by rule the form for petitions and the
procedure for their submissio n, consideration, and disposition. The
Within thirty (30) calendar days after submission of a petition, the
agency shall act upon said petition within a reasonable time. If,
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within thirty (30) calendar days after submission of a petition, the
agency has not initiated initiate rulemaking proceedings in
accordance with the Administrative Procedures Act, the petit ion
shall be deemed to have be en denied or provide a written response
and explanation of its failure to initiate rulemaking proceedings .
SECTION 13. AMENDATORY 75 O.S. 2011, Secti on 307.1, is
amended to read as follows:
Section 307.1. A. The Speaker of the Ho use of Representatives
and the President Pro T empore of the Senate may each shall establish
a joint rule review committee or designate standing committees of
each such house to review administrative rules to be designated as
the Joint Committee on Administ rative Rules.
B. Such committees may The President Pro Tempore and the
Speaker shall appoint current members of the Senate and House of
Representatives to the Committee. The President Pro Tempore and
Speaker shall designate one of their respective appoin tments as co-
chair of the Committee.
C. A quorum shall be required to conduct any business of the
Committee. A quorum shall be a ma jority of the Senate members of
the Committee and a majority of the House members of the Comm ittee.
D. The Committee shall meet separately or jointly at any time,
as needed and during sessions of the Legislature and at regular
intervals in the interim.
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C. E. The function of the committees so established or
designated Committee shall be the review and promotion of adequate
and proper rules by agencies and developing an u nderstanding on the
part of the public respecting such rules. Such function s hall be
advisory only of all adopted agency admini strative rules and
emergency rules including recommending by concurrent majority an
approval or disapproval of each proposed rul e to the Legislature.
The Committee may also recommend by concurrent majority an agency
amend or further consider a proposed rule .
Each committee may review all adopted rules and such other rules
the committee deems appropriate and may make recommendation s
concerning such rules to their respective house of the Legislature,
or to the agency adopting the rule, or to both their respective
house of the Legislature and the agency
F. The Committee shall approve or disapprove by concurrent
majority a repeal of rules under the expedited repeal process
pursuant to this act. Such rules shall be presented to the
Legislature for final approval for repe al.
D. G. In addition to the review of agency -adopted rules
pursuant to this act, each such committee the Committee shall have
the power and duty to:
1. Conduct a continuous study and investigations as to whether
additional legislation or changes in legi slation are needed based on
various factors, including but not limited to, review of proposed
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rules, review of existi ng rules including but not limited to
consideration of amendments to or repeal of existing rules, the lack
of rules, the ability of agencie s to promulgate such rules, the
burden of administrative rules on the regul ated community and the
needs of administrative agencies;
2. Conduct a continuous study of the rulemaking process of all
state agencies including those age ncies exempted by Section 250.4 of
this title for the purpose of improving the rulemaking process;
3. Conduct such other studies and investiga tions relating to
rules as may be determined t o be necessary by the committee
Committee; and
4. Monitor and inve stigate compliance of agen cies with the
provisions of the Administrative Procedures Act, make periodi c
investigations of the rulemaking activit ies of all agencies and
evaluate and report on all rules in terms of their propriety, legal
adequacy, relation to constitutional or statutory authorization,
economic and budgetary effects and public policy.
SECTION 14. AMENDATORY 7 5 O.S. 2011, Section 308, as
amended by Section 4, Chapter 357, O.S.L. 2013 (75 O.S. Supp. 2020,
Section 308), is amended to read as follow s:
Section 308. A. Upon receipt of any adopted rules, the Speaker
of the House of Representatives and the President Pro Tempore of the
Senate shall assign such rules to the appropriate committees of each
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house of the Legislature for review Joint Committee on
Administrative Rules . Except as otherwise provided by this section:
1. If such rules are received on or before April 1, the
Legislature shall have until the last day of the regular legislative
session of that year to review such rules act on the recommendations
of the Joint Committee on Administrative Rules ; and
2. If such rules are received after April 1, the Le gislature
shall have until the last day of the regular legi slative session of
the next year to review such rules act on the recommendations of the
Joint Committee on Administrative Rules .
B. By the adoption of a joint resolution resolutions during the
review period specified in subsection A of this section, the
Legislature may disapprove or approve any rule , disapprove all or
part of a rule or rules and disapprove or approve the repeal of
rules under the expedited repeal process pursuant to this act.
Rules under consideration at a meeting of the Joint Committee on
Administrative Rules during the interim may be acted upon by the
Legislature at any time during session .
C. Unless otherwise authorized by the Legislatu re, whenever a
rule is disapproved as provided in subsection B of this section, the
agency adopting such rules s hall not have authority to resubmit an
identical rule, except during the first sixty (60) calendar days of
the next regular legislative session. Any effective emergency rule
which would have been superseded by a disapproved permanent rule
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shall be deemed null and void on the date the Legislature
disapproves the permanent r ule. Rules may be disapproved in part or
in whole by the Legislature. Upo n enactment of any joint resolution
disapproving a rule, the agency shall file notice of such
legislative disapproval with the Secretary for publication in “The
Oklahoma Register”.
D. Unless otherwise provided by specific vote of the
Legislature, joint re solutions introduced for purposes of
disapproving or approving a rule or the omnibus joint resolution
described in Section 6 308.3 of this act title shall not be subject
to regular legislative cutoff dates, shall be limited to such
provisions as may be nec essary for disapproval or approval of a
rule, and any such other direction or mandate regarding the rule
deemed necessary by the Legislature. The resoluti on shall contain
no other provisions.
E. A proposed permanent rule shall be deemed finally adopted
if:
1. Approved by the Legislature pursuant to Section 6 of this
act, provided that any such joint resolution be comes law in
accordance with Section 11 of Article VI of the Oklahoma
Constitution;
2. Approved by the Governor pursuant to subsect ion D of Section
6 of this act;
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3. Approved by a joint resolution pursuant to subsection B of
this section, provided that a ny such resolution becomes law in
accordance with Section 11 of Artic le VI of the Oklahoma
Constitution; or
4. 3. Disapproved by a joint resolut ion pursuant to subsection
B of this section or Section 6 308.3 of this act title which has
been vetoed by the Gov ernor in accordance with Section 11 of Arti cle
VI of the Oklahoma Con stitution and the veto has not been
overridden.
F. Prior to final adopti on of a rule, an agency may withdraw a
rule from legislative review. Notice of such withdrawal shall be
given to the Governor, the Speaker of the House of R epresentatives,
the President Pro Tempore of the Senate, and to the Secretary for
publication in “The Oklahoma Register”.
G. An agency may promulgate an emergency rule only pursuant to
Section 253 of this title.
H. Any rights, privileges, or interests ga ined by any person by
operation of an emergency rule, shall not be affected by reason of
any subsequent disapproval or rejection of such rule by either house
of the Legislature.
SECTION 15. AMENDATORY Section 6, Chapter 357, O.S.L.
2013 (75 O.S. Supp. 2020, Section 308.3), is amended to read as
follows:
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Section 308.3. A. The Legislature shall have an omnibus joint
resolution resolutions prepared for consideration each session.
B. The joint resolution shall be substantially in the following
form: “All proposed permanent rules of Oklahoma state agencies
filed on or before April 1 are hereby approved except for the
following:”.
C. For the purpose of this section, a proposed permanent rule
may be disapproved, in whole or in part, in the omnibus a joint
resolution considered by the Legislature.
D. 1. If an agency believes that a rule has not been approved
by the Legislature pursuant to this section and should be approved
and finally adopted, the agen cy may seek the Governor’s declaration
approving the rule.
2. In seeking the approval of a proposed permanent rul e, the
agency shall submit a petition to the Governor that affirmatively
states:
a. the rule is necessary, and
b. a citation to the source of its authority to make the
rule.
3. a. If the Governor finds that the necessity does exist,
and that the agency has the authority to make the
rule, the Governor may declare the rule to be approved
and finally adopted by publishing that declaration in
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“The Oklahoma Register” on or before July 17 of t hat
year.
b. The declaration shall set forth the rule to be
approved, the reasons the app roval is necessary, and a
citation to the source of the agency ’s authority to
make the rule.
4. C. If the omnibus any rule received on or before April 1 is
not subject to a joint resolution fails to pass passed by both
houses of the Legislature and be signed by the Governor or is found
by the Governor to have a technical legal defect preventing approval
of administrative rules intended to b e approved by the Legislature,
the Governor may decla re all any rules received on or before April 1
and not subject to a joint resolution passed by both houses of the
Legislature to be approved or disapproved and finally adopted by
publishing a single declaration in “The Oklahoma Register” on or
before July 17 without meeting requirements of paragraphs 2 and 3 of
this subsection. If the Governor finds that the joint resolution
has a technical legal defect, the Governor shall make the finding in
writing and submit the finding to the Le gislature.
SECTION 16. This act shall become effective September 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON RULES
February 24, 2021 - DO PASS AS AMENDED