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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL NO. 995 By: Bergstrom and Jett of the
Senate
and
Kendrix of the House
COMMITTEE SUBSTITUTE
An Act relating to the Administrative Procedures Act;
amending 75 O.S. 2021, Section 250.3, as amended by
Section 1, Chapter 38, O.S.L. 2023 (75 O.S. Supp.
2024, Section 250.3), which relates to definitions;
modifying definition of final rule; up dating
statutory language; eliminating reference to
technical legal defect; amending 75 O.S. 2021,
Section 308, as amended by Section 5, Chapter 38,
O.S.L. 2023 (75 O.S. Supp. 2024, Section 308), which
relates to proposed permanent rules; requiring
legislative approval for final rule adoption;
removing references to certain section of law;
repealing 75 O.S. 2021, Section 308.3, as amended by
Section 6, Chapter 38, O.S.L. 2023 (75 O.S. Supp.
2024, Section 308.3), which relates to rule adoption
procedure; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. AMENDATORY 75 O.S. 2021, Section 250.3, as
amended by Section 1, Chapter 38, O.S.L. 2023 (75 O.S. Supp. 2 024,
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 rule as provided by Section 253 of this
title, or a proposed permanent rule which has been approved by the
agency and not disapproved by the Gove rnor 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 bo ard, 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. “Emergency rule” means a rule that is mad e pursuant to
Section 253 of this title;
5. “Final rule” or “finally adopted rule” means a rule other
than an emergency rule, which has not been published pursuant to
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Section 255 of this title but is otherwise in compliance with the
requirements of the Ad ministrative 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 Section 11 of Article
VI of the Oklahoma Constitutio n,
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 Oklaho ma Constitution, or
d.
b. 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;
6. “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;
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7. “Hearing examiner” means a person meeting the qualifications
specified by Article II of the Administrative Procedures A ct and who
has been duly appointed by an agency to hold hearings and, as
required, render orders or proposed orders;
8. “Individual proceeding” means the formal process employed by
an agency having jurisdiction by law to resolve issues of law or
fact between parties and which re sults in the exercise of discretion
of a judicial nature;
9. “License” includes the whole or part of any agency permit,
certificate, approval, registration, charter, or similar form of
permission required by law;
10. “Office” means the Office of the Secr etary of State;
11. “Order” means all or part of a formal or official decision
made by an agency including but not limited to final agency orders;
12. “Party” means a person or agency named and participating,
or properly seeking and entitled by law to pa rticipate, in an
individual proceeding;
13. “Permanent rule” means a rule that is made pursuant to
Section 303 of this title;
14. “Person” means any individual, partnership, corporation,
association, governmental subdivision, or p ublic or private
organization of any character other than an agency;
15. “Political subdivision” means a county, city, incorporated
town or school district within this state;
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16. “Promulgated” means a finally adopted rule which has been
filed and published in accordance with th e provisions of the
Administrative Procedures Act, or an emergency rule or preemptive
rule which has been approved by the Governor;
17. “Rule” means any agency statement or group of related
statements of general applicability and f uture 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 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 a gency 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,
d. declaratory rulings issued pursuant to Section 307 of
this title,
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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 prescribin g law or agency policy;
18. “Rulemaking” means the process employed by an agency for
the formulation of a rule;
19. “Secretary” means the Secretary of State; and
20. “Small business” means a for -profit enterprise consisting
of fifty or fewer full -time or part-time employees; and
21. “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 308, as
amended by Section 5, Chapter 38, O.S.L. 2023 (75 O.S. Supp. 2024,
Section 308), is amended to read as follows:
Section 308. A. Upon receipt of any proposed permanent 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 house of the Legislature for review. 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. P rovided, proposed
permanent rules for consideration by the 2nd Session of the 59th
Legislature shall be submitted on or before March 1. For each
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legislative session thereafter, proposed permanent rules shall be
submitted on or before February 1 of the giv en year; and
2. If such rules are received after the date established
pursuant to paragraph 1 of this subsection, the Legislature shall
have until the last day of the regular legislative session of the
next year to act on such rule s.
B. By the adoption o f joint resolutions during the review
period specified in subsection A of this section, the Legislature
may disapprove or approve any rule and disapprove all or part of a
rule or rules. Any rules not acted upon by the adoption of a joint
resolution shall be deemed disapproved.
C. Unless otherwise authorized by the Legislature, whenever a
rule is disapproved as provided in subsection B of this section, the
agency adopting such rules 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
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”.
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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 shall con tain
no other provisions.
E. A proposed permanent rule shall only be deemed finally
adopted if:
1. 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 Oklahom a
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 of Article VI of the Oklahoma
Constitution; or
3. 2. Disapproved by a joint resolution pursuant to subsection
B of this section 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.
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F. Prior to final adoption of a r ule, 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 Representatives,
the President Pro Tempore of the Senate, and to the Secretary for
publication in “The Oklaho ma 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 affected by reason of
any subsequent disapproval or rejection of such rule by either house
of the Legislature.
SECTION 3. REPEALER 75 O.S. 2021, Section 308.3, as
amended by Section 6, Chapter 38, O.S.L. 2023 (75 O.S. Supp. 2024,
Section 308.3), is hereby repealed.
SECTION 4. It being immediately necessary for the preservation
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 appro val.
COMMITTEE REPORT BY: COMMITTEE ON ADMINISTRATIVE RULES, dated
04/17/2025 - DO PASS, As Amended