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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 180 By: Bergstrom
AS INTRODUCED
An Act relating to the Administrative Proc edures Act;
amending 75 O.S. 2021, Sections 250.2 and 250.3,
which relate to legislative powers and definitions;
clarifying scope of rulemaking authority delegated by
the Legislature; requiring inclusion of statutory
authority with administ rative rules within specified
time period; modifying definition; updating statutory
language; updating statutory reference; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 75 O.S. 2021, Section 250.2, is
amended to read as follows:
Section 250.2. A. Article V of the Oklahoma Constitution vests
in the Legislature the power to make laws, and thereby to establish
agencies and to designate agency functions, budge ts and purposes.
Article VI of the Oklahoma Constitut ion charges the Executive Branch
of Government with the responsibility to implement 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 administration of
legislative policy. The delegation of rulemaking authority is
intended to eliminate the necessity of establishing every
administrative aspect of gener al 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 ge neral policy by
legislation, notwithstanding any deleg ation of rulemaking authority;
3. The right and res ponsibility to designate the method for
rule promulgation, review, repeal and modification;
4. The right to approve or disapprove or repeal any adopt ed
rule by joint resolution; and
5. The right to disa pprove a proposed permanent, promulgated or
emergency rule at any time if the Legislature determines such rule
to be an imminent harm to the health, safety or welfare of the
public or the state or if th e Legislature determines that a ru le is
not consistent with legislative intent.
C. All rulemaking authority delegated by the Legislature to
executive branch agencies shall be used only to implement law or
policy as set by the Legislature. With in three (3) years of the
effective date of this act, all administrative rules, including
rules approved prior to the effective date of this act , shall
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include a specific reference to the statutory provision that
delegates the authority for promulgation of such rule.
SECTION 2. AMENDATORY 75 O.S. 2021, Section 250.3, is
amended to read as follow s:
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 agenc y 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 rule as provided by Section 253 of this
title, or a proposed permanent rule which has bee n approved by the
agency and not disapproved by the Governor pursuant to paragraph 6
of subsection A of Section 303 of this title, but has not been
finally approved or disapproved by the Legislature or the Governor;
3. “Agency” includes but is not limited to any constitutionally
or statutorily created state board, bureau, commission, office,
authority, public trust in which the state is a beneficiary, or
interstate commission, except:
a. the Legislature or any branch, committee or officer
thereof, and
b. the courts;
4. “Concurrent majority” means a majority of memb ers on the
Joint Committee on Administrative Rules from both the Oklahoma
Senate and the Oklahoma House of Representatives;
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5. “Emergency rule” means a rule that is made pursuant to
Section 253 of this title;
6. “Expedited repeal” means the procedure uti lized by a rule-
making agency as specified in Section 9 303a of this act title;
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 is:
a. approved by the Legislature pursuant to Section 308.3
of this title, provided that any such joint resolution
becomes law in accordance with Secti on 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, pro vided 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 bee n vetoed by the
Governor in accordance with Section 11 of Article VI
of the Oklahoma Constitution and the veto has not been
overridden;
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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 o f 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;
9. “Hearing examiner” means a person meeting the qualifications
specified by Article II of the Administrative Procedures Act and w ho
has been duly appointed by an agency to hold hearings 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 ent itled by law to participate, in an
individual proceeding;
15. “Permanent rule” means a rule that is made pursuant to
Section 303 of this title;
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16. “Person” means any individual, partnership, corporatio n,
association, governmental subdivision, or public or private
organization of any character other than an 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 accordance with the provisions of the
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 rel ated
statements of general applicability and future effect that
implements, interprets or prescribes law or policy as delegated by
the Legislature, or describes the procedure or practice requirements
of the agency. The term “rule” includes the amendment o r revocation
of an effective rule but does not inclu de:
a. the issuance, renewal, denial , suspension or
revocation or other sanction of an individual specific
license,
b. the approval, disapproval or prescription of rates.
For purposes of this subparagrap h, the term “rates”
shall not include fees or charge s fixed by an agency
for services provided by that agency including but not
limited to fees charged for licensing, permitting,
inspections or publications,
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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 pursuant to Section 307 of
this title,
e. orders by an agency, or
f. press releases or “agency news releases”, provided
such releases are not for the purpose of interpreting ,
implementing or prescribing law or agency policy;
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 3. This act shall become effective November 1, 2023.
59-1-1086 TEK 1/6/2023 3:50:41 PM