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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 461 By: Bergstrom
AS INTRODUCED
An Act relating to the Administrative Procedures Act;
amending 75 O.S. 2021, Sectio n 250.3, which relates
to definitions; modifying definition; updating
statutory reference; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 75 O.S. 2021, Se ction 250.3, is
amended to read as fol lows:
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 rule as provided by Section 253 of this
title, or a proposed permanent rule which has been approved by the
agency and not disappr oved 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 Governor;
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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 any branch, committee or officer
thereof, and
b. the courts;
4. “Concurrent majority” means a majority of members on the
Joint Committee on Adminis trative Rules from both the Oklahoma
Senate and the Oklahoma House of Representatives . Concurrent
majority shall not be construed to mean a majority of the quorum
present of the Joint Committee o n Administrative Rules;
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 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 p ursuant 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,
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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 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 who
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
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fact between parties and which results in the exercise of discretion
of a judicial nature;
11. “License” includes the whole or part of any agenc y 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 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 acco rdance with the provisions of the
Administrative Procedures Act, or an emergency rul e or preemptive
rule which has been appro ved by the Governor;
19. “Rule” means any agency statement or group of related
statements of general applicability and future effe ct that
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implements, interprets or prescribes law or policy, or describes the
procedure or practice requirements of the agency . The term “rule”
rule includes the amendment or revocation of an effective rule but
does not include:
a. the issuance, renewal, denial , suspension or
revocation or other sanction of an individual specific
license,
b. the approval, disapproval or 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 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;
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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. 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 ap proval.
59-1-771 RD 1/17/2023 11:12:06 AM