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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 515 By: Bergstrom
AS INTRODUCED
An Act relating to the Administrative Proc edures Act;
amending 75 O.S. 2021, Sectio ns 250.3, 253, 303a,
303.1, 307.1, 308, and 308.3, which relate to
definitions, emergency rules, expedited rule repeal
process, filing of new rules, a nd rule adoption;
modifying definition; requiring certain rep orts and
filings to be submitted to chief leg islative officer
of each chamber; providing for each chamber of
committee to meet separa tely or jointly; modifying
date for proposed permanent rules to be submitted for
legislative consideration; updating statutory
reference; and declaring an emerg ency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 75 O.S. 2021, 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;
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 an emergency r ule as provided by Section 253 of this
title, or a proposed permanent rule wh ich has been approved by the
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agency and not disapproved by the Governor pursuant to p aragraph 6
of subsection A of Section 303 of this title, but has not been
finally approved or disapproved by the Legislature or the Go vernor;
3. “Agency” includes but is not limited to any constitutionally
or statutorily created state board, bureau, commi ssion, office,
authority, public trust in which the state is a beneficiary, or
interstate commission, except:
a. the Legislature or an y branch, committee 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 Representatives. Concurrent
majority shall not be construed to mean a maj ority of a quorum
present at any meeting o f the Joint Committee;
5. “Emergency rule” means a rule that is made pursuant to
Section 253 of this title;
6. “Expedited repeal” means the procedure utilized by a ru le-
making agency as specified in Section 9 of thi s act;
7. “Final rule” or “finally adopted rule ” means a rule other
than an emergency rule, which 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 i s:
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a. approved by the Legislature pursuant to Section 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 subsection C of
Section 308.3 of this title,
c. approved by a joint resolution 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
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;
8. “Final agency order” means an order that includes findings
of fact and conclusions of law pursuant to Section 312 of this
title, is dispositive of an individual proceeding u nless there is a
request for rehearing, reopening, or reconsideration pursuan t to
Section 317 of this title and which is subject to judicial review;
9. “Hearing examiner” means a person meeting the qualifications
specified by Article II of the Administrat ive Procedures Act and who
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has been duly appointed by an agency to hold heari ngs and, as
required, render orders or proposed orders;
10. “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;
11. “License” includes the whole or part of any agency permit,
certificate, approval, registration, charter, or similar form of
permission required by law;
12. “Office” means the Office of the Secretary of State;
13. “Order” means all or part of a formal or official decision
made by an agency including but not limited to final agency orders;
14. “Party” means a person or agency named and participating,
or properly seeking and entitle d by law to participate, in an
individual proceeding;
15. “Permanent rule” means a rule that is made pursuant to
Section 303 of this title;
16. “Person” means any individual, partnership, corporation,
association, governmental subdivision, or public or p rivate
organization of any character other than a n agency;
17. “Political subdivision ” means a county, city, incorporated
town or school district within this state;
18. “Promulgated” means a finally adopted rule which has been
filed and published in acco rdance with the provisions of the
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Administrative Procedures Act, or an emergency rule or preemptive
rule which has been approved by the Governor;
19. “Rule” means any agency statement or group of related
statements of general a pplicability and future effe ct 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 a n individual 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 availabl e to the public,
d. declaratory rulings issued pu rsuant to Section 307 of
this title,
e. orders by an agency, or
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f. press releases or “agency news releases ”, provided
such releases are not for the purpose of interpreting,
implementing or prescribing law or agency policy;
20. “Rulemaking” means the process employed by an agency for
the formulation of a rule;
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 2. AMENDATORY 75 O.S. 2021, Section 253, is
amended to read as follows:
Section 253. A. 1. If an agency find s that a rule is
necessary as an emerge ncy measure, the rule may be promulgated
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
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,
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c. avoid violation of federal law or regulation 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 whic h is of sufficient quality and probative value
to enable a person of reasonable caution to support a conclusion.
2. In determining whether a rule is necessary as a n emergency
measure, the Governor shall consider whet her 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 subparagraph b of this
paragraph unless the Governor waives the requirement
in writing upon a findin g that the rule impact
statement or the specified con tents thereof are
unnecessary or contra ry to the public interest.
b. The rule impact statement shall include, but not be
limited to:
(1) a brief description of the proposed rule,
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(2) a description of the persons who most likely will
be affected by the prop osed rule, including
classes that will bear the costs of the proposed
rule, and any information on cost impacts
received by the agency from any private or public
entities,
(3) a description of the classe s of persons who will
benefit from the proposed rule,
(4) a description of the probable econ omic 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 agency and
to any other agency of the implementation and
enforcement of the proposed rule, and any
anticipated effect on state revenues, including a
projected net loss or gain in such revenues if it
can be projected by the agenc y,
(6) a determination of whether imple mentation of the
proposed rule may have an adverse economic effect
on small business as provided by the Oklahoma
Small Business Regulatory Flexibility Act,
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(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, saf ety and environment
and, if the proposed rule is designed to reduce
significant risks to the public health, safety
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 a ny detrimental effect on the
public health, safety and environment if the
proposed rule is not implemented, and
(10) the date the rule impact statement was prepared
and if modified, the date modified.
c. The rule impact statement shall be prepared on or
before the date the emergency rule is ado pted;
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, the Pre sident Pro Tempore of the Senate, and the
chairs of the Joint Committee on Administrative Ru les, and the chief
legislative office of each cham ber along with the information
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required by this subsection within ten (10) days after the rule is
adopted; and
4. Not be invalidated on the ground that the content s of the
rule impact statement are insuffi cient 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, the President Pro Tempore of the
Senate, and the chairs of the Joint Co mmittee on Administrative
Rules, and the chief legislative office r of each chamber, the
Governor shall review the demonstration of emergency pursuant to
subsection A of this secti on, and shall separately review the ru le
in accordance with the standards pre scribed in paragraph 3 of this
subsection.
2. Prior to approval of emergency rules, the Governor shall
submit the emergency rule to the Secretary of State for review of
proper formatting.
3. If the Governor determin es the agency has established the
rule is necessary as an emergency measure pursuant to subsection A
of this section, the Governor shall approve the proposed emergency
rule if the rule is:
a. clear, concise and underst andable,
b. within the power of the ag ency to make and within the
enacted legislative standards, and
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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 rul e or disapprove the emergency rule.
Failure of the Governor to approve an emergency rule within the
specified period shall constitute disapproval of the emergency rule.
2. If the Governor disapproves the adopted eme rgency rule, the
Governor shall return the 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 requireme nts of subsection B of this
section.
3. Upon disapproval of an emergency rule, the Governor shall,
within fifteen (15) days, make written notification to the Speaker
of the House of Representatives, the President Pro Tempore of the
Senate, the chairs of t he Joint Committee on Administrative Ru les,
the chief legislative office of each chamber, and the Office of
Administrative Rules.
E. 1. Upon approval of an emergency rule, the Governor shall
immediately make written notification to the agency, the Speake r of
the House of Representatives, the President Pro Tempore of the
Senate, the chairs of the Jo int Committee on Administrative Rules ,
the chief legislative officer of each chamber, and the Office of
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Administrative Rules. Upon receipt of the notice of the approval,
the agency shall file with t he 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 review
pursuant to Section 308 of thi s title.
3. The emergency rule shall b e published in accordance with the
provisions of Section 255 of this title in “The Oklahoma Register ”
following the approval by the Governor. The Governor ’s approval and
the approved rules shall be retained as offici al records by the
Office of Administrat ive Rules.
F. 1. Upon approval by the Governor, an emergency rule shall
be considered promulgated and s hall be in force immediately, or on
such later date as specified therein. An emergency rule shall only
be applied prospectively from its effective dat e.
2. Except as otherwise provided in this subsection, the
emergency rule shall remain in full force and effect through the
first day of the next succeeding regular session of th e Legislature
following promulgation o f such emergency rule until September 1 4
following such session, unless it is made ineffective pursuant to
subsection H of this section.
G. No agency shall adopt any emergency rule which establishes
or increases fees, except during such times as the Legis lature is in
session, unless specifical ly mandated by the Legislature or federal
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legislation, or when the failure to establish or increase fees would
conflict with an order issued by a court of law.
H. 1. If an emergency rule is of a continuing nature, t he
agency promulgating such emergency r ule 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 perma nent rule,
the latter emergency rule sh all retain the same expiration date as
the superseded emergency rule, unless otherwise authorized by the
Legislature.
2. Any promulgated emergency rule shall be made ineffective if:
a. disapproved by the Legislature,
b. superseded by the promulgation of p ermanent rules,
c. any adopted rules based upon such emergency rules are
subsequently disapproved pursuan t to Section 308 of
this title, or
d. an earlier expiration date is specif ied by the agency
in the rules.
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 Legislatu re
unless otherwise specifically provided by the
Legislature.
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b. Unless otherwise authorized by the Legislature, an
agency shall not adopt any emergenc y rule, which has
become null and void pursuant to subparagraph a of
this paragraph, as a new emergency r ule or adopt any
emergency rules of similar scope or intent as the
emergency rules which became null and void pu rsuant to
subparagraph a of this paragr aph.
I. Emergency rules shall not become effective unless approved
by the Governor pursuant to the provi sions of this section.
J. 1. The requirements of Section 303 of this tit le relating
to notice and hearing shal l 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 determined to be necessary by an agency.
2. The rule report required pursuant to Section 303.1 of this
title shall not be applicable to emergency rules promulgated
pursuant to the provisions of this section. Prov ided this shall not
be construed to prevent an agency from complying with such
requirements at the discretion of such agency.
3. The statement of subm ission 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 disappro val of an emergency rule by the
Governor, an agency may withdraw from review an emergency rule
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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, the President Pro Tempore of the Senate i n
accordance with the requirements set forth in Section 464 of Title
74 of the Oklahoma Statutes and to the Office of Administrative
Rules as required by the Secretary. In order to be promulgated as
emergency rules, any replacement rules shall be resubmit ted 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 r ule is
valid unless promulgated in substantial co mpliance with the
provisions of this s ection.
M. Emergency rules adopted by an agency or approved by the
Governor shall be subject to review pursuant to the provisions of
Section 306 of this title.
SECTION 3. AMENDATORY 75 O.S. 2 021, Section 303a, is
amended to read as follows:
Section 303a. A. Upon request by a rulemaking agency, an
expedited rule repeal process may be utilized when such rule or
rules meet the criteria pursuant to this section.
B. Beginning on February 1, 2022 , and every year there after, a
rulemaking agency may initiate a request for e xpedited repeal of a
rule or rules when:
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1. A request by the agency is submitted electronically to the
President Pro Tempore of the Senate , and the Speaker of the House of
Representatives, and the chief legislative officer of each chamber.
The request shall be assigned to the Joint Committee on
Administrative 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,
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 aff ect substantive rights 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 all interested
persons. The agency shall consider fully all written and oral
submissions respecting the proposed rule.
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C. Upon completion of the comment period, the committee may
schedule a hearing on the agency rule proposal. If th e Committee
approves the repeal by c oncurrent majority, it sha ll be presented to
the Legislature for final approval.
No request for an expedited repeal shall be initiated after May
1. Upon final legislative adoption, the agency shall comply with
additional publication requirements as provid ed by law.
An agency, at any point prior to final legislative adoption, may
withdraw the expedited agency rule repeal request.
SECTION 4. AMENDATORY 75 O.S. 2021, Section 303.1, is
amended to read as follows:
Section 303.1. A. Within ten (10) days after adoption of a
permanent rule, the agenc y shall file two copies of the following
with the Governor, the Speaker of the House of Representatives, the
President Pro Tempore of the Senate , and the chairs of the Joint
Committee on Adminis trative Rules, and the chief legislative officer
of each chamber: all such new rules or amendments; revisions or
revocations to an existing rule proposed by an agency; a nd the
agency rule report as required by subsec tion E of this section.
B. If the agency determines in the rule impact statement
prepared as part of the agency rule report that the proposed rule
will have an economic impact on any political subdivisions or
require their cooperation in implementing or e nforcing a proposed
permanent rule, a copy of the proposed rule and rule report shall be
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filed within ten (10) days after adoption of the permanent rule with
the Oklahoma Advisory Committee on Intergovernmenta l Relations for
its review. The Committee may communicate any recommendations that
it may deem necessary to the Governor, the Speaker of the House of
Representatives and President Pro Tempore of the Senate during the
period that the permanent rules are be ing reviewed.
C. When the rules have been subm itted to the Governor, the
Speaker of the House of Representatives, the President Pro Tempore
of the Senate, and the chairs of the Joint Committee on
Administrative Rules, and chief legislative office of each chamber ,
the agency shall also submit to the Of fice of Administrative Rules
for publication in “The Oklahoma Register ”, a statement that the
adopted 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 Ho use 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 se ction 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;
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3. The title and number of the rule;
4. A citation to the constitutional or statutory authority for
the rule;
5. The citation to any federal or s tate law, court ruling, or
any other authority requiring the rule;
6. A statement of the gist of the rule or a brief summary of
the content of the adopted rule;
7. A statement explaining the need for the adopted rul e;
8. The date and location of the mee ting, if held, at which such
rules were adopted or the date and location when the rules were
adopted if the rulemaking agency is not required to hold a meeting
to adopt rules;
9. A summary of the comments and explana tion of changes or lack
of any change made in the adopted rules as a result of testimony
received at all hearings or meetings held or sponsored by an agency
for the purpose of providing the public an oppo rtunity to comment on
the rules or of any written co mments received prior to the adoption
of the rule. The summary shall include all comments received about
the cost impact of the proposed rules;
10. A list of persons or organizations who appeared or
registered for or against the adopted rule at any publi c hearing
held by the agency or those w ho have commented in writing before or
after the hearing;
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11. A rule impact statement if required pursuant to Section 303
of this title;
12. An incorporation by re ference statement if the rule
incorporates a set of rules from a body outside the state, su ch as a
national code;
13. The members of the governing board of the agency adopting
the rules and the recorded vote of each member;
14. The proposed effective dat e of the rules, if an effective
date is required pur suant 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 Representatives, the President Pro Tempore
of the Senate or the Joint Committee on Administrative Rules .
SECTION 5. AMENDATORY 75 O.S. 2021, Section 307.1, is
amended to read as follows:
Section 307.1. A. The Speaker of the House of Representatives
and the President Pro Tempore of the Senate shall establish a joint
rule committee to be designated as the Joint Committee on
Administrative Rules.
B. 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 appointments as co -chair of the Committee.
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C. A quorum shall be required to conduct any business of the
Committee. A quorum shall be a majority of the Senate members of
the Committee and a m ajority of the House members of the Comm ittee.
D. The Committee shall meet separately or jointly a t any time
as needed and during sessions of the Legislature and at regular
intervals in the interim.
E. The function of the Committee shall be the review of all
adopted agency administrative rules including recommending by
concurrent majority an approval or disapproval of e ach proposed rule
to the Legislature. The Committee may also recommend by concurrent
majority an agency amend or further consider a propo sed rule.
F. The Committee shall approv e or disapprove by concurrent
majority a repeal of rules under the expedited r epeal process
pursuant to this act. Such rules shall be presented to the
Legislature for final approval for repeal.
G. In addition to th e review of agency-adopted rules pursuan t
to this act, the Committee shall have the power and duty to:
1. Conduct a continuous study and investigations as to whether
additional legislation or changes in legislation are needed based on
various factors, inc luding but not limited to, review of pro posed
rules, review of existing rules including but not limited to
consideration of amendments to or repeal of existing rules, the lack
of rules, the ability of agencies to promulgate such rules, the
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burden of administrative rules on the regulated communit y and the
needs of administrative agencies;
2. Conduct a continuous study of the rulemaking process of all
state agencies including those agencies exempted by Section 250.4 of
this title for the purpose of improving the rulemaking process;
3. Conduct such other studies and investigations relating to
rules as may be determined to b e necessary by the Committee; and
4. Monitor and investigate compliance of agencies with the
provisions of the Administrative Procedures Act, make periodic
investigations of the rulemaking activities 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 publi c policy.
SECTION 6. AMENDATORY 75 O.S. 2021, Section 308, is
amended to read as follows:
Section 308. A. Upon receipt of any adopted proposed permanent
rules, the Speaker of the House of Representatives and the President
Pro Tempore of the Senate shall assign such rules to the 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 leg islative
session of that year to act on the rec ommendations of the Join t
Committee on Administrative Rules . Provided, proposed permanent
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rules for consideration by the 2nd Session of the 59th Legislature
shall be submitted on or befo re March 1. For each legislative
session thereafter, proposed permanent rules shall be submitted on
or before February 1; and
2. If such rules are received after April 1 the date
established pursuant to paragraph 1 of this subsect ion, the
Legislature shall have until the last day of the regular legislative
session of the next year to act on the recommendations of the Joint
Committee on Administrative Rules.
B. By the adoption of joint resolutions during the review
period specified in subsection A of this section, the Legislat ure
may disapprove or approve any rule, disappr ove 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 Admin istrative
Rules during the interim may be acted upon by the Legislature at any
time during session.
C. Unless otherwise authori zed by the Legislature, whenever a
rule is disapproved as provided in subsection B of this section, the
agency adopting such rul es shall 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
shall be deemed null and void on the date the Legislature
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disapproves the permanent rule. Rules may be disapproved in part or
in whole by the Legislature. Upon 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 resolutions introduced for purposes of
disapproving or approving a rule or the omnibus joint resolution
described in Section 308.3 of this title shall not be subject to
regular legislative cutoff dates, shall be limited to such
provisions as may be necessary for disapproval or approval of a
rule, and any such other direction or mandate regarding the rule
deemed necessary by the Legislature. The resolution sha ll contain
no other provisions.
E. A proposed permanent rule shall be deemed fin ally adopted
if:
1. Approved by the Legislature pursuant to Section 6 of this
act 308.3 of this title, provided that any such j oint resolution
becomes law in accordance with Section 11 of Article VI of the
Oklahoma Constitution;
2. Approved by a joint resolution pursuant to subsection B of
this section, provided that any such resolution becomes law in
accordance with Section 11 o f Article VI of the Oklahoma
Constitution; or
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3. Disapproved by a joint resolution pursuant to subsection B
of this section or Section 308.3 of thi s 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 .
F. Prior to final adoption of a rule, an agency may withdraw a
rule from legislative review. Noti ce of such withdrawal shall be
given to the Governor, the Speaker of the House of Representatives,
the President Pro Tempore of the Senate, and to the Secr etary 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 gained by any person by
operation of an emergency rule, shall not be affec ted by reason of
any subsequent disapproval or rejection of such rule by either house
of the Legislature.
SECTION 7. AMENDATORY 75 O.S. 2021, Section 308.3, is
amended to read as foll ows:
Section 308.3. A. The Legislature shall have joint resolutions
prepared for consideration each session.
B. For the purpose of this section, a proposed permanent rule
may be disapproved, in whole or in part, in a joint r esolution
considered by the Legislature.
C. If any rule received on or befo re April 1 the date
established pursuant to paragraph 1 of subsection A of Section 308
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of this title is not subject to a joint resolution passed by both
houses of the Legislature and signed by the Governor or is found by
the Governor to have a technical le gal defect preventing approval of
administrative rules intended to be approved by the Legislature, the
Governor may declare any rules received on or before April 1 the
date established pursuant to paragraph 1 of subsection A of Section
308 of this title and not subject to a joint resolution passed by
both houses of the Legislature to be approved or disapprov ed and
finally adopted by publishing a single declaration in “The Oklahoma
Register” on or before July 17 . 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
Legislature.
SECTION 8. It being immediately necessary for the pr eservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
59-1-1645 RD 1/17/2023 4:44:54 PM