Okla. Stat. tit. 75 § 303.1

Current through Laws 2024, c. 453.

Section 303.1 - Filing of rules, amendments, revisions, revocations, and agency rule report with Governor and other state officials

A. Within ten (10) days after adoption of a permanent rule, the agency 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 chief legislative officer of each chamber: all such new rules or amendments; revisions or revocations to an existing rule proposed by an agency; and the agency rule report as required by subsection 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 enforcing a proposed permanent rule, a copy of the proposed rule and rule report shall be filed within ten (10) days after adoption of the permanent rule with the Oklahoma Advisory Committee on Intergovernmental 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 being reviewed.

C. When the rules have been submitted to the Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the chief legislative officer of each chamber, the agency shall also submit to the Office 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 House 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 section 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;

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 state 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 rule;

8. The date and location of the meeting, 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 explanation 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 opportunity to comment on the rules or of any written comments 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 public hearing held by the agency or those who have commented in writing before or after the hearing;

11. A rule impact statement if required pursuant to Section 303 of this title;

12. An incorporation by reference statement if the rule incorporates a set of rules from a body outside the state, such 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 date of the rules, if an effective date is required pursuant 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, or the President Pro Tempore of the Senate .

Okla. Stat. tit. 75, § 303.1

Amended by Laws 2023 , c. 38, s. 3, eff. 4/20/2023.

Amended by Laws 2021 , c. 11, s. 10, eff. 9/1/2021.

Amended by Laws 2016 , c. 252, s. 2, eff. 11/1/2016.

Added by Laws 1988, HB 1669, c. 292, § 17, emerg. eff. 7/1/1988; Amended by Laws 1989, SB 264, c. 360, § 9, emerg. eff. 6/3/1989; Amended by Laws 1990, HB 2223, c. 300, §18, emerg. eff. 7/1/1991; Amended by Laws 1994, HB 2447, c. 384, §8, emerg. eff. 7/1/1994; Amended by Laws 1996, SB 703, c. 225, § 3, eff. 11/1/1996; Amended by Laws 1997, HB 2111, c. 206, §18, eff. 11/1/1997; Amended by Laws 1998 , HB 3189, c. 239, §11, eff. 11/1/1998; Amended by Laws 2011 , HB 1044, c. 59, §1, eff. 11/1/2011.