Okla. Admin. Code § 800:1-7-3

Current through Vol. 42, No. 4, November 1, 2024

Section 800:1-7-3 - Department procedures and assistance in rulemaking

(a)APA notices and requirements. On behalf of the Commission, the Department shall cause publication of notices of proposed rulemaking and shall follow the applicable rulemaking requirements and procedures of the Administrative Procedures Act. Such procedures may include rulemaking hearings, receipt of comments and preparation of rule reports, rule impact statements, the rulemaking record and other documentation.

(b)Records. The Department shall maintain a record of all notices, copies of proposed rules, mailing lists, comments received on the proposed rules, tapes of hearings, if any, changes to the proposed rules made prior to consideration by the Commission, the rules as finally adopted, and other pertinent information.

(c)Submittal. When proposed rules are presented to the Commission, the Department shall show that proper rulemaking procedures have been followed. The text of proposed rules and rule changes, a copy of any rulemaking notice, a summary of the rules and any public comments, and a rule impact statement should normally be submitted to Commission members at the time of mailing of the proposed agenda of the Commission meeting at which the rules are to be considered.

(d)Hearings. The Commission may hold a public hearing in connection with its regularly scheduled meeting or may rely upon the Department to conduct any hearings required by the APA. The Commission may allow the public to comment on agenda items when a member of the public makes a request in accordance with the requirements set forth in this Chapter or at the discretion of the Commission. Prior to adoption or repeal of a rule, the Commission may remand proposed rule language to the Department for additional comment, revision, or other action. The Commission may modify proposed rules at any time prior to voting on the same, to the extent such modifications are consistent with any required notice of rulemaking under the APA and requirements of the Open Meeting Act.

(e)Action. The Commission shall adopt rules by referring to a written copy of the language being adopted or by including in any motion to adopt the text or language which is to be voted on.

Okla. Admin. Code § 800:1-7-3

Added at 15 Ok Reg 3500, eff 7-13-98