Okla. Stat. tit. 75, § 75-12 — OK Code / Title 75 / Section 75-12
Original acts shall govern
Status: repealed

In all cases where there is a conflict between the original acts

and adopted statutes, the original acts shall govern, and the

adopted statutes shall be deemed as repealed, amended, or modified

thereby, without reference to the date of the approval of such

original acts. For purposes of this section, "original acts" means

the enrolled documents of the acts as produced by the house of

origin.

Oklahoma Statutes - Title 75. Statutes and Reports Page 6

R.L. 1910, § 8148; Laws 1983, c. 164, § 1, emerg. eff. June 6, 1983.
Okla. Stat. tit. 75, § 75-314 — OK Code / Title 75 / Section 75-314
Issuance or denial of new license - Revocation,
Status: in_force

suspension, annulment, withdrawal or nonrenewal of existing license.

A. Except as otherwise specifically provided by law, the

issuance or denial of a new license shall not require an individual

proceeding.

B. Except as otherwise prohibited by law, if a licensee has

made timely and sufficient application for renewal of a license or a

new license with reference to any transfer of an activity of a

continuing nature, the existing license does not expire until the

application has been finally determined by the agency. In case the

application for renewal or for a new license with reference to any

transfer of an activity of a continuing nature is denied or the

terms of the new license limited, the existing license does not

expire until the last day for seeking review of the final agency

order or a later date fixed by order of the reviewing court.

C. 1. Unless otherwise provided by law, an existing license

shall not be revoked, suspended, annulled, withdrawn or nonrenewed

unless, prior to the institution of such final agency order, the

agency gave notice by mail to the licensee of facts or conduct which

Oklahoma Statutes - Title 75. Statutes and Reports Page 77

warrant the intended action, and the licensee was given an

opportunity to show compliance with all lawful requirements for the

retention or renewal of the license.

2. If the agency finds that public health, safety, or welfare

imperatively requires emergency action, and incorporates a finding

to that effect in its order, summary suspension of a license may be

ordered pending proceedings for revocation or other action. These

proceedings shall be promptly instituted and determined.
Okla. Stat. tit. 75, § 75-250 — OK Code / Title 75 / Section 75-250
Short title
Status: in_force

A. This section and Sections 250.1 through 323 of this title

shall be known and may be cited as the "Administrative Procedures

Act".

B. All statutes hereinafter enacted and codified as part of the

Administrative Procedures Act shall be considered and deemed part of

the Administrative Procedures Act.
Okla. Stat. tit. 75, § 75-257.1 — OK Code / Title 75 / Section 75-257.1
Reciprocal agreements for exchange of administrative
Status: in_force

codes - Offices entitled to free copy of Code.

A. The Secretary of State is authorized to enter into and make

reciprocal agreements with other states to allow exchanges of

administrative codes of such states.

B. 1. Each of the following offices shall be entitled to

receive, as soon as available from the Secretary, without cost, one

copy of the printed volumes of the "Code":

a. county clerk of each county;

b. Clerk of the Supreme Court;

c. Attorney General;

d. Governor;

e. Speaker of the Oklahoma House of Representatives and

the President Pro Tempore of the Oklahoma State

Senate;

f. the Research, Legal and Fiscal Divisions of the House

of Representatives;

g. the Legislative Division of the Senate; and

h. the Department of Libraries for the Law Library.

2. The Department of Libraries is authorized to obtain number

of copies of the "Code" and the supplements thereto necessary for

use for deposit with the Publications Clearinghouse pursuant to

Sections 3-113.1 through 3-115 of Title 65 of the Oklahoma Statutes.

The Secretary is authorized to retain sufficient copies for exchange

purposes with other states for copies of their rules.

C. If the Secretary determines that the entity requesting

copies pursuant to subsection B of this section could download the

"Oklahoma Administrative Code" through the Internet, then the

Secretary may comply by providing the "Oklahoma Administrative Code"

to the entity via the Internet, at no charge.
Okla. Stat. tit. 75, § 75-31.11 — OK Code / Title 75 / Section 75-31.11
Relation to Electronic Signatures in Global and National
Status: in_force

Commerce Act.

This act modifies, limits, and supersedes the Electronic

Signatures in Global and National Commerce Act, 15 U.S.C., Section

7001 et seq., but does not modify, limit, or supersede Section

101(c) of that act, 15 U.S.C., Section 7001(c), or authorize

electronic delivery of any of the notices described in Section

103(b) of that act, 15 U.S.C., Section 7003(b).
Okla. Stat. tit. 75, § 75-315 — OK Code / Title 75 / Section 75-315
Furnishing of information, attendance of witnesses and
Status: in_force

production of books, records, etc. - Subpoenas.

A. 1. The agency conducting any individual proceeding or

investigation shall have power to require the furnishing of such

information, the attendance of such witnesses, and the production of

such books, records, papers or other objects as may be necessary and

proper for the purposes of the proceeding or investigation.

2. The agency, or any party to a proceeding before it, may take

the depositions of witnesses, within or without the state, in the

same manner as is provided by law for the taking of depositions in

civil actions in courts of record. Depositions so taken shall be

admissible in any proceeding affected by this act. Provided,

however, all or any part of the deposition may be objected to at

time of hearing, and may be received in evidence or excluded from

the evidence by the agency or individual conducting the hearing in

accordance with the law with reference to evidence in this act or

with reference to evidence in courts of record under the law of the

State of Oklahoma.

B. In furtherance of the powers granted by subsection A of this

section, any agency, administrative head, hearing examiner or any

other duly authorized member or employee thereof, upon its own

motion may, and upon the request of any party appearing in an

individual proceeding shall:

1. Issue subpoenas for witnesses;

2. Issue subpoenas duces tecum to compel the production of

books, records, papers or other objects, which may be served by the

Oklahoma Statutes - Title 75. Statutes and Reports Page 78

marshal of the agency or by any person in any manner prescribed for

the service of a subpoena in a civil action; or

3. Quash a subpoena or subpoenas duces tecum so issued;

provided, prior to quashing a subpoena or subpoenas duces tecum the

agency shall give notice to all parties. A subpoena or subpoenas

duces tecum may not be quashed if any party objects.

C. 1. In case of disobedience to any subpoena issued and

served under this section or to any lawful agency requirement for

information, or of the refusal of any person to testify to any

matter regarding which he or she may be interrogated lawfully in a

proceeding before an agency, the agency may apply to the district or

superior court of the county of such person's residence or to any

judge thereof for an order to compel compliance with the subpoena or

the furnishing of information or the giving of testimony. Forthwith

the court or the judge shall cite the respondent to appear and shall

hear the matter as expeditiously as possible.

2. If the disobedience or refusal is found to be unlawful, the

court, or the judge, shall enter an order requiring compliance.

Disobedience of such an order shall be punished as contempt of court

in the same manner and by the same procedure as is provided for like

conduct committed in the course of judicial proceedings.Oklahoma Statutes - Title 75. Statutes and Reports Page 4
Okla. Stat. tit. 75, § 75-250.6 — OK Code / Title 75 / Section 75-250.6
Commission for Human Services - Preemptive rules -
Status: in_force

Approval by Governor - Filing of approval and rule - Publication -

Disapproval by Legislature - Exemptions.

A. 1. The Commission for Human Services may promulgate a

preemptive rule pursuant to the provisions of this section:

a. when the Commission for Human Services is required by

federal law, federal rules, a state law enacted

pursuant to federal law or federal rule, or order of a

court of competent jurisdiction to adopt a rule, or an

amendment, revision or revocation of an existing rule,

and

b. which if such rule is not immediately adopted would

result in the imposition of a financial penalty, or a

reduction, withholding or loss of federal funds.

Oklahoma Statutes - Title 75. Statutes and Reports Page 32

2. A preemptive rule must be approved by the Governor pursuant

to this section.

3. The website of the Commission shall provide a link to the

website of the Secretary of State where the preemptive rules of the

Commission are published.

4. The conditions specified in this subsection for the

promulgation of a preemptive rule shall be the only conditions

authorized for promulgation of such rule by the Commission for Human

Services.

B. 1. Upon the adoption of such preemptive rule by the

Commission, the Director of the Department of Human Services shall

request the Governor to approve the rules on the basis that such

rules are required to comply with a federal law, federal rule, a

state law enacted pursuant to federal law or rule, or order of a

court of competent jurisdiction and which if such rules are not

immediately adopted would result in a financial penalty, or a

reduction, withholding or loss of federal funds.

2. Upon the filing of the request for approval of a preemptive

rule, the Governor shall review such rule and decide as to whether

such rule should be approved. Prior to approval of a preemptive

rule, the Governor shall submit the preemptive rule to the Office of

the Secretary of State for review of proper formatting unless the

preemptive rule has been reviewed by the Office prior to agency

submission to the Governor. Failure of the Governor to approve such

rule within twenty-eight (28) calendar days shall constitute denial

of the rule as a preemptive rule.

3. Upon approval of a preemptive rule, the Governor shall

immediately notify the Commission. Upon receipt of notice of the

approval of the preemptive rule, the Commission shall file the

number of copies specified by the Secretary of the approval issued

by the Governor and the number of copies specified by the Secretary

of the preemptive rule with the Office pursuant to Section 251 of

this title.

4. The preemptive rule shall be published in accordance with

the provisions of Section 255 of this title in “The Oklahoma

Register” following approval by the Governor. The Governor’s

approval and the approved rules shall be retained as official

records by the Office of Administrative Rules.

5. For informational purposes only, a copy of the Governor’s

approval and the preemptive rule shall be submitted by the

Commission to the Speaker of the House of Representatives and the

President Pro Tempore of the Senate within ten (10) days of the

approval of the preemptive rule by the Governor.

6. Upon approval by the Governor, the rule shall be considered

promulgated and shall be in force immediately, or if a later date is

required by statute or specified in the rule, the later date is the

effective date.

Oklahoma Statutes - Title 75. Statutes and Reports Page 33

C. A preemptive rule shall be considered to be a permanent rule

and shall remain in full force and effect unless and until

specifically disapproved during the first thirty (30) legislative

days of the next regular legislative session following promulgation

of such preemptive rule or unless an earlier expiration date is

specified by the Commission. The Legislature may disapprove such

rule pursuant to Section 308 of this title. Any resolution

introduced for the purpose of disapproving such rule shall not be

subject to regular legislative cut off dates.

D. Except as otherwise provided by this section, preemptive

rules shall be promulgated and published in compliance with Article

I of the Administrative Procedures Act. Preemptive rules

promulgated pursuant to the provisions of this section shall be

exempt from the provisions of Sections 253, 303, 303.1, 303.2, 304,

308 and 308.1 of this title.
Okla. Stat. tit. 75, § 75-250.3v1 — OK Code / Title 75 / Section 75-250.3v1
Definitions
Status: in_force

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 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 agency, board, bureau,

commission, office, authority, institution, public trust in which

the state is a beneficiary, interstate commission, or any

instrumentality thereof, except:

a. the Legislature or any branch, committee, or officer

thereof, and

b. the courts;

4. “Emergency rule” means a rule that is made 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

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 Section 11 of Article

VI of the Oklahoma Constitution,

b. approved by the Governor pursuant to subsection C of

Section 308.3 of this title,

Oklahoma Statutes - Title 75. Statutes and Reports Page 23

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;

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;

7. “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;

8. “Implementation and compliance costs” means direct costs

that are readily ascertainable based upon standard business

practices, including, but not limited to, fees, the cost to obtain a

license or registration, the cost of equipment required to be

installed or used, additional operating costs incurred, the cost of

monitoring and reporting, and any other costs to comply with the

requirements of the proposed rule;

9. “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;

10. “License” includes the whole or part of any agency permit,

certificate, approval, registration, charter, or similar form of

permission required by law;

11. “Major rule” means any administrative rule, whether

emergency or permanent in nature, that will result in or is likely

to result in One Million Dollars ($1,000,000.00) or more over the

initial five-year period in implementation and compliance costs that

are reasonably expected to be incurred by or passed along to

businesses, state or local government units, and individuals as a

result of the proposed rule following the promulgation of such rule;

12. “Nonmajor rule” means any rule that is not a major rule;

13. “Office” means the Office of the Secretary of State;

14. “Order” means all or part of a formal or official decision

made by an agency including, but not limited to, final agency

orders;

Oklahoma Statutes - Title 75. Statutes and Reports Page 24

15. “Party” means a person or agency named and participating,

or properly seeking and entitled by law to participate, in an

individual proceeding;

16. “Permanent rule” means a rule that is made pursuant to

Section 303 of this title;

17. “Person” means any individual, partnership, corporation,

association, governmental subdivision, or public or private

organization of any character other than an agency;

18. “Political subdivision” means a county, city, incorporated

town, or school district within this state;

19. “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;

20. “Rule” means any agency statement or group of related

statements of general applicability and future 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 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 available 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;

21. “Rulemaking” means the process employed by an agency for

the formulation of a rule;

22. “Secretary” means the Secretary of State;

23. “Small business” means a for-profit enterprise consisting

of fifty or fewer full-time or part-time employees; and

24. “Technical legal defect” means an error that would

otherwise invalidate an action by a court of law.
Okla. Stat. tit. 75, § 75-26.42 — OK Code / Title 75 / Section 75-26.42
Expiration of approval - Rescission of ratification
Status: in_force

The joint resolution shall expire on the date of sine die

adjournment of the 2nd Session of the Legislature by which it was

adopted unless the resolution states another expiration date. The

joint resolution shall not be counted in favor of ratification after

the expiration date thereof. The Legislature may rescind any

ratification resolution previously approved; in which event, the

Oklahoma Statutes - Title 75. Statutes and Reports Page 12

ratification resolution shall not be counted in favor of

ratification if such rescission occurs before the proposed amendment

becomes part of the United States Constitution.
Okla. Stat. tit. 75, § 75-505 — OK Code / Title 75 / Section 75-505
Promulgated rules - Petition objecting to adverse effect
Status: in_force

on small business.

A. For promulgated rules, any adversely affected small business

may file a written petition with the agency that has promulgated the

rules objecting to all or part of any rule adversely affecting small

business on any of the following grounds:

1. The actual effect on small business was not reflected in, or

significantly exceeded, the small business impact statement

formulated by the agency pursuant to the provisions of paragraph 4

of subsection A and paragraph 6 of subsection B of Section 303 of

this title prior to the adoption of the rules;

2. These impacts were either not previously considered at the

public hearing on the rules or there was no public hearing on the

rules; or

3. The technology, economic conditions, or other relevant

factors justifying the purpose for the rules have changed or no

longer exist.

B. The agency shall promptly consider the petition and may seek

advice and counsel regarding the petition. Within sixty (60) days

after the submission of the petition, the agency shall determine

whether the impact statement or the public hearing addressed the

actual and significant impact on small business or if conditions

justifying the rule have changed. If the agency determines that the

petition merits the amendment, revision, or revocation of a rule, it

may initiate proceedings in accordance with the applicable

requirements of the Administrative Procedures Act.
Okla. Stat. tit. 75, § 75-311.2 — OK Code / Title 75 / Section 75-311.2
Civil Service Director of the Office of Management and
Status: in_force

Enterprise Services – Delegation of authority to agency

administrative law judge.

A. The Civil Service Director of the Office of Management and

Enterprise Services may delegate the authority to issue a final

Oklahoma Statutes - Title 75. Statutes and Reports Page 75

agency order adverse to a party to an agency administrative law

judge if:

1. The administrative law judge has a general knowledge of the

Civil Service and Human Capital Modernization Act and rules

promulgated thereto;

2. The administrative law judge:

a. is currently licensed to practice law by the Supreme

Court of this state,

b. has a working knowledge of the Administrative

Procedures Act and administrative rules of the Office

of Management and Enterprise Services,

c. is not an owner, stockholder, employee, or officer of,

nor has any other business relationship with, any

corporation, partnership, or other business or entity

that is subject to regulation by the Office of

Management and Enterprise Services,

d. is separate and apart from the legal division or

office of general counsel of the Office of Management

and Enterprise Services,

e. is not responsible to or subject to the supervision or

direction of an employee or agent engaged in the

performance of investigative or prosecuting functions

for the Office of Management and Enterprise Services,

and

f. has not been engaged in the performance of

investigative or prosecuting functions for the Office

of Management and Enterprise Services regarding the

party receiving the final agency order; and

3. The Civil Service Director in delegating the authority to

issue final agency orders adverse to a party pursuant to this

section specifically designates by written agency policy and

procedure the type or category of final agency order which may be

issued by the administrative law judge.

B. The provisions of this section shall not be construed to

authorize or allow restraints on the authority of the Civil Service

Director to adopt, reject, review, modify, or correct the findings

of fact and conclusions of law or any proposed order issued by the

administrative law judge.

C. When the administrative law judge issues a final agency

order, that order becomes the final order of the Office of

Management and Enterprise Services, Civil Service Division without

further proceeding unless there is a request for rehearing,

reopening, or reconsideration pursuant to Section 317 of Title 75 of

the Oklahoma Statutes or a filing for judicial review pursuant to

Section 318 of Title 75 of the Oklahoma Statutes.
Okla. Stat. tit. 75, § 75-31.4 — OK Code / Title 75 / Section 75-31.4
Legal material in official electronic record
Status: in_force

A. If an official publisher publishes legal material only in an

electronic record, the publisher shall:

1. Designate the electronic record as official; and

2. Comply with Sections 5, 7, and 8 of this act.

B. An official publisher that publishes legal material in an

electronic record and also publishes the material in a record other

than an electronic record may designate the electronic record as

official if the publisher complies with Sections 5, 7, and 8 of this

act.
Okla. Stat. tit. 75, § 75-11b — OK Code / Title 75 / Section 75-11b
Renumbered as § 3921 of Title 74 by Laws 1999, c. 59, §
Status: in_force

23, eff. July 1, 1999.
Okla. Stat. tit. 75, § 75-252 — OK Code / Title 75 / Section 75-252
Filing as condition of validity - Notification of failure
Status: in_force

to comply.

A. Any rule, amendment, revision, or revocation of an existing

rule made by an agency on or after October 16, 1987, may be held

void and of no effect pursuant to Sections 306 and 307 of this

title. All provisions herein shall also apply to all agencies that

may hereafter be created. All courts, boards, commissions,

agencies, authorities, instrumentalities, and officers of the State

of Oklahoma shall take judicial or official notice of any rule,

amendment, revision, or revocation of an existing rule promulgated

pursuant to the provisions of the Administrative Procedures Act.

B. Upon failure of an agency to comply with the provisions of

Sections 251 through 256 of this title except when not applicable,

the Secretary shall forward a written notice of the failure to

comply to the chief administrative officer of the agency. The

notice shall state a reasonable time, not to exceed thirty (30)

calendar days, in which the agency shall fully comply. Further

failure to comply shall be reported in writing to the Speaker of the

House of Representatives, the President Pro Tempore of the Senate,

the Governor, and the Attorney General. Upon such notification, the

Attorney General shall immediately seek agency compliance and if

required, to institute mandamus proceedings to secure compliance by

said agency.
Okla. Stat. tit. 75, § 75-30 — OK Code / Title 75 / Section 75-30
Right to publish, edit or bind reports
Status: in_force

Nothing in this act shall be construed to prohibit the

publication, editing or binding of the decisions of the Supreme

Court and the Criminal Court of Appeals by any person, firm or

corporation.
Okla. Stat. tit. 75, § 75-27 — OK Code / Title 75 / Section 75-27
Declaration and designation of reports of decisions of
Status: in_force

Supreme Court and Criminal Court of Appeals.

From and after the effective date of this act the Supreme Court

and the Criminal Court of Appeals shall have authority, in such

manner as they deem advisable, to declare the published volumes of

the decisions of the Supreme Court and the Criminal Court of Appeals

of the State of Oklahoma, as the same may be published by one or

more persons, firms or corporations, and containing only the

decisions of the Supreme Court of Oklahoma and/or the Criminal Court

of Appeals of Oklahoma, to be official reports of the decisions of

said Courts, whether the decisions of said Courts are published in

separate volumes or the same volume.Oklahoma Statutes - Title 75. Statutes and Reports Page 2
Okla. Stat. tit. 75, § 75-26.41 — OK Code / Title 75 / Section 75-26.41
Submission of the question - Procedure
Status: in_force

When a question, "Shall the Legislature of this state ratify a

proposed amendment of the Constitution of the United States," is for

legislative decision, said matter shall be introduced by joint

resolution. In each house the joint resolution submitting said

proposal shall be read in full on three (3) different days but, in

either house, the first reading may be dispensed with by two-thirds

(2/3) vote of the quorum present. Following the second reading the

joint resolution by which the proposed Constitutional amendment is

presented shall be assigned to committee. After favorable committee

report, the joint resolution by which the proposed amendment of the

United States Constitution is presented shall be placed on the

calendar for third reading and final passage. When the joint

resolution is considered on final passage, the question shall be

"Shall the proposed amendment of the United States Constitution be

ratified?", which question shall be decided by roll call vote,

opportunity being given first for debate. Unless a majority of the

members elected to and constituting the membership of the body

considering the question vote in favor of ratifying the amendment of

the Constitution, the same shall have failed. If a majority of the

members elected to and constituting the membership of the body

indicate their approval, the presiding officer shall sign the joint

resolution and direct that it be made available to the other, or

second, legislative house.

The procedure shall be the same in each legislative house except

that the presiding officer of the second house that has by vote

approved said ratification of the amendment of the United States

Constitution shall sign the joint resolution and attest to the

state's action, through its Legislature, of ratifying the said

Constitutional amendment.
Okla. Stat. tit. 75, § 75-256 — OK Code / Title 75 / Section 75-256
Oklahoma Administrative Code - Publication - Task Force on
Status: in_force

Administrative Rules.

A. 1. The Secretary of State shall provide for the

codification, compilation, and publication of agency rules and

Executive Orders in a publication which shall be known as the

"Oklahoma Administrative Code" in the following manner:

a. On or before January 1, 1992, the Secretary shall

compile Executive Orders which are effective pursuant

Oklahoma Statutes - Title 75. Statutes and Reports Page 46

to paragraph 3 of subsection B of this section, and

agency rules which have been submitted pursuant to the

agency schedule of compliance and have been accepted

as properly codified, as set forth in this section,

and rules promulgated by the Secretary. Such

compilation shall be maintained by the Office of

Administrative Rules and shall be updated by agencies,

in a manner prescribed by the Secretary, to reflect

subsequent permanent rulemaking. Prior to publication

of the first "Code", as set forth in subparagraph b of

this paragraph, the compilation shall constitute the

official permanent rules of the state. Effective

January 1, 1992, any permanent rule not included in

such compilation shall be void and of no effect.

b. On or before December 1, 1992, the Secretary shall

have published the "Oklahoma Administrative Code". To

effectuate this provision, the Secretary may contract

for the publishing of the "Oklahoma Administrative

Code". Any permanent rule not published in the "Code"

shall be void and of no effect. A finally adopted

rule filed and published in "The Oklahoma Register"

may be valid until publication of the next succeeding

"Code" or "Code" supplement following the date of its

final adoption. Provided, a permanent rule which is

finally adopted after the closing date for publication

in a "Code" or "Code" supplement as announced by the

Secretary may be valid until publication of the next

succeeding "Code" or "Code" supplement. A permanent

rule which is published in "The Oklahoma Register"

after the closing date for publication in the first

"Code", as announced by the Secretary, shall be void

and of no effect upon publication of the next

succeeding "Code" or "Code" supplement, if not

published in the "Code" or "Code" supplement.

2. Compilations or revisions of the "Code" or any part thereof

shall be supplemented or revised annually. The "Code" shall be

organized by state agency and shall be arranged and printed in a

manner to permit separate publications of portions thereof relating

to individual agencies.

3. Annual supplements to the "Code" shall be cumulative.

Emergency rules shall not be published in the "Code" or in any

supplements thereto.

4. "The Oklahoma Register" shall also include a sections-

affected index of the "Code". The "Code" and supplements shall

contain such notes, cross-references and explanatory materials as

required by the Secretary.

Oklahoma Statutes - Title 75. Statutes and Reports Page 47

5. The Secretary in preparing such rules for publication in the

"Code" or supplements shall omit all material shown in canceled

type. The Secretary shall not prepare any rule for publication in

the "Code" which amends or revises a rule unless the rule so

amending or revising conforms to the provisions of the

Administrative Procedures Act.

6. The Secretary is authorized to determine a numbering system

and other standardized format for documents to be filed and may

refuse to accept for publication any document that does not

substantially conform to the promulgated rules of the Secretary.

B. 1. Rules submitted and accepted for publication in the

"Code" by August 15 of each year shall be published in the next

succeeding "Code" or supplement thereto.

2. As soon as possible after August 15 of each year, the

Secretary shall assemble all rules and Executive Orders, except

emergency rules, promulgated after the publication of the preceding

"Code" or "Code" supplement in accordance with the provisions of the

Administrative Procedures Act for publication in the "Oklahoma

Administrative Code". The "Code" or supplements thereto should be

published as soon as possible after August 30 of each year.

3. Executive Orders of previous gubernatorial administrations

shall terminate ninety (90) calendar days following the inauguration

of the next Governor unless otherwise terminated or continued during

that time by Executive Order. Copies of all Executive Orders shall

be published in the "Oklahoma Administrative Code". All Executive

Orders placing agencies or employees under the State Merit System of

Personnel Administration shall remain in effect unless otherwise

modified by action of the Legislature.

C. The Secretary is hereby authorized and empowered to publish

or to contract to publish the "Oklahoma Administrative Code", and to

publish or contract to publish such annual cumulative supplements so

as to keep the "Code" current. All such agreements shall provide

that the publisher shall make such publications in such form and

arrangement as shall be approved by the Secretary. The Secretary

may publish or authorize the publication of the "Code" in part.

D. The Secretary is authorized to correct spelling errors in

rules submitted for publication in the "Code" or any such

supplements or in "The Oklahoma Register". Any other errors in

rules submitted for publication in the "Code" may be noted in

editorial notes provided by the Secretary.

E. The Secretary shall make copies of the "Code" generally

available at a cost sufficient to defray the cost of publication and

mailing. Except as otherwise provided by Section 257.1 of this

title, the Secretary is authorized to sell or otherwise distribute

the "Code" and its supplements.

F. 1. The codification system, derivations, cross-references,

notes of decisions, source notes, authority notes, numerical lists,

Oklahoma Statutes - Title 75. Statutes and Reports Page 48

and codification guides, other than the actual text of rules,

indexes, tables and other aids relevant to the publication of the

"Oklahoma Administrative Code" and "The Oklahoma Register" shall be

the property of the state and may be reproduced only with the

written consent of the Secretary. The information which appears on

the same page with the text of a rule may be reproduced incidentally

with the reproduction of the rule, if the reproduction is for the

private use of the individual and not for resale. No person shall

attempt to copyright or publish the "Oklahoma Administrative Code"

or "The Oklahoma Register", in printed or electronic media, without

expressed written consent of the Secretary of State. The Secretary

shall notify the Speaker of the Oklahoma House of Representatives

and the President Pro Tempore of the Oklahoma State Senate of any

requests to copyright or publish the "Oklahoma Administrative Code"

or "The Oklahoma Register", prior to consent by the Secretary.

2. The Secretary shall provide for the electronic access to the

"Oklahoma Administrative Code" and "The Oklahoma Register" by:

a. Internet access at no charge, or

b. an exclusive or a nonexclusive contract for public and

private access.

3. Publications of rules by agencies are not official

publications.

4. The sale or resale of the "Oklahoma Administrative Code" or

any part thereof by the Secretary of State shall be exempt from any

requirement mandating acquisition of a resale number and payment of

sales tax.
Okla. Stat. tit. 75, § 75-320 — OK Code / Title 75 / Section 75-320
Transmission of record to reviewing court - Stipulations
Status: in_force

Within sixty (60) days after service of the petition for review

or equivalent process upon it, or within such further time as the

reviewing court, upon application for good cause shown, may allow,

the agency shall transmit to the reviewing court the original or a

certified copy of the entire record of the proceeding under review.

For purposes of this section, "record" shall include such

information as specified by Section 309 of this title. By

stipulation of all parties to the review proceeding, the record may

be shortened. Any party unreasonably refusing to stipulate to limit

the record may be taxed by the court for the additional costs

resulting therefrom. The court may require or permit subsequent

corrections or additions to the record when deemed desirable.
Okla. Stat. tit. 75, § 75-250.4 — OK Code / Title 75 / Section 75-250.4
Compliance with act - Exemptions
Status: in_force

A. 1. Except as is otherwise specifically provided in this

subsection, each agency is required to comply with Article I of the

Administrative Procedures Act.

2. The Corporation Commission shall be required to comply with

the provisions of Article I of the Administrative Procedures Act

except for subsections A, B, C and E of Section 303 of this title

and Section 306 of this title. To the extent of any conflict or

inconsistency with Article I of the Administrative Procedures Act,

pursuant to Section 35 of Article IX of the Oklahoma Constitution,

it is expressly declared that Article I of the Administrative

Procedures Act is an amendment to and alteration of Sections 18

through 34 of Article IX of the Oklahoma Constitution.

3. The Oklahoma Military Department shall be exempt from the

provisions of Article I of the Administrative Procedures Act to the

extent it exercises its responsibility for military affairs.

Military publications, as defined in Section 801 of Title 44 of the

Oklahoma Statutes, shall be exempt from the provisions of Article I

Oklahoma Statutes - Title 75. Statutes and Reports Page 28

and Article II of the Administrative Procedures Act, except as

provided in Section 251 of this title.

4. The Oklahoma Ordnance Works Authority, the Northeast

Oklahoma Public Facilities Authority, the Oklahoma Office of

Homeland Security and the Board of Trustees of the Oklahoma College

Savings Plan shall be exempt from Article I of the Administrative

Procedures Act.

5. The Transportation Commission and the Department of

Transportation shall be exempt from Article I of the Administrative

Procedures Act to the extent they exercise their authority in

adopting standard specifications, special provisions, plans, design

standards, testing procedures, federally imposed requirements and

generally recognized standards, project planning and programming,

and the operation and control of the State Highway System.

6. The Oklahoma State Regents for Higher Education shall be

exempt from Article I of the Administrative Procedures Act with

respect to:

a. prescribing standards of higher education,

b. prescribing functions and courses of study in each

institution to conform to the standards,

c. granting of degrees and other forms of academic

recognition for completion of the prescribed courses,

d. allocation of state-appropriated funds, and

e. fees within the limits prescribed by the Legislature.

7. Institutional governing boards within The Oklahoma State

System of Higher Education shall be exempt from Article I of the

Administrative Procedures Act.

8. a. The Commissioner of Public Safety and the Director of

Service Oklahoma shall be exempt from Sections 303.1,

304, 307.1, 308 and 308.1 of this title insofar as it

is necessary to promulgate rules pursuant to the

Oklahoma Motor Carrier Safety and Hazardous Materials

Transportation Act, to maintain a current

incorporation of federal motor carrier safety and

hazardous material regulations.

b. Such rules may be adopted by the Commissioner and

shall be deemed promulgated twenty (20) days after

notice of adoption is published in “The Oklahoma

Register”. Such publication need not set forth the

full text of the rule but may incorporate the federal

rules and regulations by reference.

c. Such copies of promulgated rules shall be filed with

the Secretary as required by Section 251 of this

title.

d. For any rules for which the Commissioner has

discretion to allow variances, tolerances or

modifications from the federal rules and regulations,

Oklahoma Statutes - Title 75. Statutes and Reports Page 29

the Commissioner shall fully comply with Article I of

the Administrative Procedures Act.

9. The Council on Judicial Complaints shall be exempt from

Section 306 of Article I of the Administrative Procedures Act, with

respect to review of the validity or applicability of a rule by an

action for declaratory judgment, or any other relief based upon the

validity or applicability of a rule, in the district court or by an

appellate court. A party aggrieved by the validity or applicability

of a rule made by the Council on Judicial Complaints may petition

the Court on the Judiciary to review the rules and issue opinions

based upon them.

10. The Department of Corrections, State Board of Corrections,

county sheriffs and managers of city jails shall be exempt from

Article I of the Administrative Procedures Act with respect to:

a. prescribing internal management procedures for the

management of the state prisons, county jails and city

jails and for the management, supervision and control

of all incarcerated prisoners, and

b. prescribing internal management procedures for the

management of the probation and parole unit of the

Department of Corrections and for the supervision of

probationers and parolees.

11. The State Board of Education shall be exempt from Article I

of the Administrative Procedures Act with respect to prescribing

subject matter standards as provided for in Section 11-103.6a of

Title 70 of the Oklahoma Statutes.

B. As specified, the following agencies or classes of agency

activities are not required to comply with the provisions of Article

II of the Administrative Procedures Act:

1. The Oklahoma Tax Commission, except as provided in

subsection G of Section 1140 of Title 47 of the Oklahoma Statutes;

2. The Commission for Human Services;

3. The Oklahoma Ordnance Works Authority;

4. The Corporation Commission;

5. The Pardon and Parole Board;

6. The Midwestern Oklahoma Development Authority;

7. The Grand River Dam Authority;

8. The Northeast Oklahoma Public Facilities Authority;

9. The Council on Judicial Complaints;

10. The Board of Trustees of the Oklahoma College Savings Plan;

11. The supervisory or administrative agency of any penal,

mental, medical or eleemosynary institution, only with respect to

the institutional supervision, custody, control, care or treatment

of inmates, prisoners or patients therein; provided, that the

provisions of Article II shall apply to and govern all

administrative actions of the Oklahoma Alcohol Prevention, Training,

Treatment and Rehabilitation Authority;

Oklahoma Statutes - Title 75. Statutes and Reports Page 30

12. The Board of Regents or employees of any university,

college, or other institution of higher learning;

13. The Oklahoma Horse Racing Commission, its employees or

agents only with respect to hearing and notice requirements on the

following classes of violations which are an imminent peril to the

public health, safety and welfare:

a. any rule regarding the running of a race,

b. any violation of medication laws and rules,

c. any suspension or revocation of an occupation license

by any racing jurisdiction recognized by the

Commission,

d. any assault or other destructive acts within

Commission-licensed premises,

e. any violation of prohibited devices, laws and rules,

or

f. any filing of false information;

14. The Commissioner of Public Safety and the Director of

Service Oklahoma only with respect to driver license hearings and

hearings conducted pursuant to the provisions of Section 2-115 of

Title 47 of the Oklahoma Statutes;

15. The Administrator of the Department of Securities only with

respect to hearings conducted pursuant to provisions of the Oklahoma

Take-over Disclosure Act of 1985;

16. Hearings conducted by a public agency pursuant to Section

962 of Title 47 of the Oklahoma Statutes;

17. The Oklahoma Military Department;

18. The University Hospitals Authority, including all hospitals

or other institutions operated by the University Hospitals

Authority;

19. The Oklahoma Health Care Authority Board and the

Administrator of the Oklahoma Health Care Authority; and

20. The Oklahoma Office of Homeland Security.
Okla. Stat. tit. 75, § 75-303v1 — OK Code / Title 75 / Section 75-303v1
Adoption, amendment or revocation of rule - Procedure
Status: in_force

A. Prior to the adoption of any rule or amendment or revocation

of a rule, the agency shall:

1. Cause notice of any intended action to be published in “The

Oklahoma Register” pursuant to subsection B of this section;

2. For at least thirty (30) days after publication of the

notice of the intended rulemaking action, afford a comment period

for all interested persons to submit data, views, or arguments,

orally or in writing. The agency shall consider fully all written

and oral submissions respecting the proposed rule;

3. Hold a hearing, if required, as provided by subsection C of

this section;

4. Consider the effect its intended action may have on the

various types of business and governmental entities. Except where

such modification or variance is prohibited by statute or

constitutional constraints, if an agency finds that its actions may

adversely affect any such entity, the agency may modify its actions

to exclude that type of entity, or may “tier” its actions to allow

rules, penalties, fines, or reporting procedures and forms to vary

according to the size of a business or governmental entity or its

ability to comply or both. For business entities, the agency shall

include a description of the probable quantitative and qualitative

impact of the proposed rule, economic or otherwise, and use

quantifiable data to the extent possible, taking into account both

short-term and long-term consequences;

5. Consider the effect its intended action may have on the

various types of consumer groups. If an agency finds that its

actions may adversely affect such groups, the agency may modify its

actions to exclude that type of activity; and

6. When an agency provides notice pursuant to paragraph 1 of

this subsection, the agency shall provide one electronic copy of the

complete text of the proposed rule, amendment or revocation and a

copy of the notice to the Governor and to the appropriate cabinet

secretary. No agency may adopt any proposed rule, amendment or

revocation if, within thirty (30) days from providing notice to the

Governor and the appropriate cabinet secretary, the agency receives

express written disapproval from the Governor or the cabinet

secretary. If the Governor or the cabinet secretary disapproves a

rule, the affected agency shall be notified in writing of the

reasons for disapproval. If, after thirty (30) days of providing

the notice to the Governor and the cabinet secretary, the agency has

not received an express written disapproval, the agency may proceed

with the rulemaking process.

B. The notice required by paragraph 1 of subsection A of this

section shall include, but not be limited to:

1. In simple language, a brief summary of the rule;

2. The proposed action being taken;

Oklahoma Statutes - Title 75. Statutes and Reports Page 55

3. The circumstances which created the need for the rule;

4. The specific legal authority, including statutory citations,

authorizing the proposed rule;

5. The intended effect of the rule;

6. If the agency determines that the rule affects business

entities, a request that such entities provide the agency, within

the comment period, in dollar amounts if possible, the increase in

the level of direct costs such as fees, and indirect costs such as

reporting, recordkeeping, equipment, construction, labor,

professional services, revenue loss, or other costs expected to be

incurred by a particular entity due to compliance with the proposed

rule;

7. The time when, the place where, and the manner in which

interested persons may present their views thereon pursuant to

paragraph 3 of subsection A of this section;

8. Whether or not the agency intends to issue a rule impact

statement according to subsection D of this section and where copies

of such impact statement may be obtained for review by the public;

9. The time when, the place where, and the manner in which

persons may demand a hearing on the proposed rule if the notice does

not already provide for a hearing. If the notice provides for a

hearing, the time and place of the hearing shall be specified in the

notice; and

10. Where copies of the proposed rules may be obtained for

review by the public. An agency may charge persons for the actual

cost of mailing a copy of the proposed rules to such persons.

The number of copies of such notice as specified by the

Secretary of State shall be submitted to the Secretary of State who

shall publish the notice in “The Oklahoma Register” pursuant to the

provisions of Section 255 of this title.

Prior to or within three (3) days after publication of the

notice in “The Oklahoma Register”, the agency shall cause a copy of

the notice of the proposed rule adoption and the rule impact

statement, if available, to be mailed to all persons who have made a

timely request of the agency for advance notice of its rulemaking

proceedings. Provided, in lieu of mailing copies, an agency may

electronically notify interested persons that a copy of the proposed

rule and the rule impact statement, if available, may be viewed on

the agency’s website. If an agency posts a copy of the proposed

rule and rule impact statement on its website, the agency shall not

charge persons for the cost of downloading or printing the proposed

rule or impact statement. Each agency shall maintain a listing of

persons or entities requesting such notice.

C. 1. If the published notice does not already provide for a

hearing, an agency shall schedule a hearing on a proposed rule if,

within thirty (30) days after the published notice of the proposed

rule adoption, a written request for a hearing is submitted by:

Oklahoma Statutes - Title 75. Statutes and Reports Page 56

a. at least ten persons,

b. a political subdivision,

c. an agency, or

d. an association having not less than twenty-five

members.

At that hearing persons may present oral argument, data, and

views on the proposed rule.

2. A hearing on a proposed rule may not be held earlier than

thirty (30) days after notice of the hearing is published pursuant

to subsection B of this section.

3. The provisions of this subsection shall not be construed to

prevent an agency from holding a hearing or hearings on the proposed

rule although not required by the provisions of this subsection;

provided, that notice of such hearing shall be published in “The

Oklahoma Register” at least thirty (30) days prior to such hearing.

D. 1. Except as otherwise provided in this subsection, an

agency shall issue a rule impact statement of a proposed rule prior

to or within fifteen (15) days after the date of publication of the

notice of proposed rule adoption. The rule impact statement may be

modified after any hearing or comment period afforded pursuant to

the provisions of this section.

2. The agency shall consult with counties, municipalities, and

school boards, as necessary, when preparing the rule impact

statement of a proposed rule which increases or decreases the

revenue of counties, cities, or school districts, or imposes

functions or responsibilities on such entities which may increase

the expenditures or fiscal liability of the entity. The agency

shall consult and solicit information from businesses, business

associations, local government units, state agencies, or members of

the public that may be affected by the proposed rule or that may

provide relevant information to the agency.

3. Except as otherwise provided in this subsection, the rule

impact statement shall include, but not be limited to:

a. a statement of the need for the rule and legal basis

supporting it,

b. a classification of the rule as major or nonmajor,

with a justification for the classification, including

an estimate of the total annual implementation and

compliance costs that are reasonably expected to be

incurred by or passed along to businesses, state or

local government units, or individuals and a

determination of whether those costs will exceed One

Million Dollars ($1,000,000.00) over the initial five-

year period following the promulgation of the proposed

rule. Provided, if the costs exceed One Million

Dollars ($1,000,000.00), the agency shall classify the

rule as a major rule,

Oklahoma Statutes - Title 75. Statutes and Reports Page 57

c. a description of the purpose of the proposed rule,

including a determination of whether the proposed rule

is mandated by federal law, or as a requirement for

participation in or implementation of a federally

subsidized or assisted program, and whether the

proposed rule exceeds the requirements of the

applicable federal law,

d. a description of the classes of persons who most

likely will be affected by the proposed rule,

including classes that will bear the costs of the

proposed rule, and any information on cost impacts

received by the agency from any private or public

entities,

e. a description of the classes of persons who will

benefit from the proposed rule,

f. a comprehensive analysis of the rule’s economic

impact, including any anticipated impacts on the full-

time-employee count of the agency, any costs or

benefits, and a detailed quantification of

implementation and compliance costs on the affected

businesses, business sectors, public utility

ratepayers, individuals, state or local government

units, and on the state economy as a whole. The

analysis shall include a listing of all fee changes

and, whenever possible, a separate justification for

each fee change,

g. a detailed explanation of the methodology and

assumptions used to determine the economic impact,

including the dollar amounts calculated,

h. a determination of whether implementation of the

proposed rule will have an economic impact on any

political subdivisions or require their cooperation in

implementing or enforcing the rule,

i. a determination of whether implementation of the

proposed rule may have an adverse economic effect on

small business as provided by the Oklahoma Small

Business Regulatory Flexibility Act,

j. any measures taken by the agency to minimize the cost

and impact of the proposed rule on business and

economic development in this state, local government

units of this state, and individuals,

k. a determination of the effect of the proposed rule on

the public health, safety, and environment and, if the

proposed rule is designed to reduce significant risks

to the public health, safety, and environment, an

explanation of the nature of the risk and to what

extent the proposed rule will reduce the risk,

Oklahoma Statutes - Title 75. Statutes and Reports Page 58

l. a determination of any detrimental effect on the

public health, safety, and environment if the proposed

rule is not implemented, and

m. the date the rule impact statement was prepared and,

if modified, the date modified.

4. To the extent an agency for good cause finds the preparation

of a rule impact statement or the specified contents thereof are

unnecessary or contrary to the public interest in the process of

adopting a nonmajor rule, the agency may request the Governor to

waive such requirement. Such request shall be in writing and shall

state the agency’s findings and the justification for such findings.

Upon request by an agency, the Governor may also waive the rule

impact statement requirements for a nonmajor rule if the agency is

required to implement a statute or federal requirement that does not

require an agency to interpret or describe the requirements, such as

federally mandated provisions which afford the agency no discretion

to consider less restrictive alternatives. If the Governor fails to

waive such requirement, in writing, prior to publication of the

notice of the intended rulemaking action, the rule impact statement

shall be completed. The determination to waive the rule impact

statement shall not be subject to judicial review.

E. Upon completing the requirements of this section, an agency

may adopt a proposed rule. No rule is valid unless adopted in

substantial compliance with the provisions of this section.
Okla. Stat. tit. 75, § 75-250.1 — OK Code / Title 75 / Section 75-250.1
Designation of articles
Status: in_force

A. The Administrative Procedures Act shall be composed of two

articles. Sections 250, 250.1, 250.3, 250.4, 250.5, and 250.8 of

this title are applicable to both Articles I and II. Article I

relating to agency filing and publication requirements for rules

shall consist of Sections 250.2, 250.4, 250.4a, 250.6, 250.7, and

250.9 through 308.3 of this title. Article II relating to agency

notice and hearing requirements for individual proceedings shall

consist of Sections 308a through 323 of this title.

B. Except as otherwise specifically provided in Section 250.4

of this title, all agencies shall comply with the provisions of

Article I and Article II of the Administrative Procedures Act.
Okla. Stat. tit. 75, § 75-31.8 — OK Code / Title 75 / Section 75-31.8
Public access to legal material in official electronic
Status: in_force

record.

An official publisher of legal material in an electronic record

that is required to be preserved under Section 7 of this act shall

ensure that the material is reasonably available for use by the

public on a permanent basis.
Okla. Stat. tit. 75, § 75-251 — OK Code / Title 75 / Section 75-251
Furnishing copies of permanent rules - Rules for
Status: in_force

administration of Article I - Filing of new rules and amendments,

revisions or revocations - Format - Publication of executive orders

– Military publications.

A. 1. Upon the request of the Secretary, each agency shall

furnish to the Office a complete set of its permanent rules in such

form as is required by the Secretary or as otherwise provided by

law.

2. The Secretary shall promulgate rules to ensure the effective

administration of the provisions of Article I of the Administrative

Procedures Act. The rules shall include, but are not limited to,

rules prescribing paper size, numbering system, and the format of

documents required to be filed pursuant to the provisions of the

Administrative Procedures Act or such other requirements as deemed

necessary by the Secretary to implement the provisions of the

Administrative Procedures Act.

3. The website of each agency shall provide a link to the

website of the Secretary of State where the rules of the agency are

published.

B. 1. Each agency shall file the number of copies specified by

the Secretary of all new rules, and all amendments, revisions or

revocations of existing rules attested to by the agency, pursuant to

the provisions of Section 254 of this title, with the Office within

thirty (30) calendar days after they become finally adopted.

2. An agency filing rules pursuant to the provisions of this

subsection:

a. shall prepare the rules in plain language which can be

easily understood,

Oklahoma Statutes - Title 75. Statutes and Reports Page 36

b. shall not unnecessarily repeat statutory language.

Whenever it is necessary to refer to statutory

language in order to effectively convey the meaning of

a rule interpreting that language, the reference shall

clearly indicate the portion of the language which is

statutory and the portion which is the agency's

amplification or interpretation of that language,

c. shall indicate whether a rule is new, amends an

existing permanent rule or repeals an existing

permanent rule. If a rule amends an existing rule,

the rule shall indicate the language to be deleted

typed with a line through the language and language to

be inserted typed with the new language underscored,

d. shall state if the rule supersedes an existing

emergency rule,

e. shall include a reference to any rule requiring a new

or revised form in a note to the rule. The Secretary

shall insert that reference in "The Oklahoma Register"

as a notation to the affected rule,

f. shall prepare, in plain language, a statement of the

gist of the rule and an analysis of new or amended

rules. The analysis shall include but not be limited

to a reference to any statute that the rule

interprets, any related statute or any related rule,

g. may include with its rules, brief notes,

illustrations, findings of facts, and references to

digests of Supreme Court cases, other court decisions,

or Attorney General's opinions, and other explanatory

material. Such material may be included if the

material is labeled or set forth in a manner which

clearly distinguishes it from the rules,

h. shall include other information, in such form and in

such manner as is required by the Secretary, and

i. may change the format of existing rules without any

rulemaking action by the agency in order to comply

with the standard provisions established by the

Secretary for "Code" and "The Oklahoma Register"

publication so long as there is no substantive change

to the rule.

C. The Secretary is authorized to determine a numbering system

and other standardized format for documents to be filed and may

refuse to accept for publication any document that does not

substantially conform to the promulgated rules of the Secretary.

D. In order to avoid unnecessary expense, an agency may use the

published standards established by organizations and technical

societies of recognized national standing, other state agencies, orrules and amendments, revisions or revocations - Format - Publication of executive orders –

Oklahoma Statutes - Title 75. Statutes and Reports Page 3ing system

and other standardized format for documents to be filed and may

refuse to accept for publication any document that does not

substantially conform to the promulgated rules of the Secretary.

D. In order to avoid unnecessary expense, an agency may use the

published standards established by organizations and technical

societies of recognized national standing, other state agencies, or

federal agencies by incorporating the standards or rules in its

Oklahoma Statutes - Title 75. Statutes and Reports Page 37

rules or regulations by reference to the specific issue or issues of

publications in which the standards are published, without

reproducing the standards in full. The standards shall be readily

available to the public for examination at the administrative

offices of the agency. In addition, a copy of such standards shall

be kept and maintained by the agency pursuant to the provisions of

the Preservation of Essential Records Act.

E. The Secretary shall provide for the publication of all

Executive Orders received pursuant to the provisions of Section 664

of Title 74 of the Oklahoma Statutes.

F. The Secretary may authorize or require the filing of rules

or Executive Orders by or through electronic data or machine

readable equipment in such form and manner as is required by the

Secretary.

G. In consultation with the Adjutant General, the Secretary

shall establish a method for the publication and archiving of all

military publications received by the Secretary of State from the

Adjutant General pursuant to the Oklahoma Uniform Code of Military

Justice and the Oklahoma State Guard Act. Military publications

shall be defined in accordance with Section 801 of Title 44 of the

Oklahoma Statutes. The Secretary may also authorize or require the

filing of military publications by or through electronic means in

such form and manner as is required by the Secretary. This

subsection shall only apply to military publications promulgated

after October 1, 2019.

H. On or before October 1, 2022, the Secretary shall commence

publication of all military publications provided by the Adjutant

General. On a biennial basis thereafter, the Secretary shall cause

the military publications received in the course of the previous two

(2) years to be published in a printed and bound format suitable for

physical archiving in sufficient numbers to satisfy the requirements

of the "Publications Clearinghouse" established in Section 3-113.3

of Title 65 of the Oklahoma Statutes.
Okla. Stat. tit. 75, § 75-305 — OK Code / Title 75 / Section 75-305
Petition requesting promulgation, amendment or repeal of a
Status: in_force

rule - Form and procedure.

An interested person may petition an agency requesting the

promulgation, amendment, or repeal of a rule. Each agency shall

prescribe by rule the form for petitions and the procedure for their

Oklahoma Statutes - Title 75. Statutes and Reports Page 64

submission, consideration, and disposition. Within thirty (30)

calendar days after submission of a petition, the agency shall

initiate rulemaking proceedings or provide a written response and

explanation of its failure to initiate rulemaking proceedings.
Okla. Stat. tit. 75, § 75-11a — OK Code / Title 75 / Section 75-11a
Construction of statutes - Severability
Status: in_force

In the construction of the statutes of this state, the following

rules shall be observed:

1. For any act enacted on or after July 1, 1989, unless there

is a provision in the act that the act or any portion thereof or the

application of the act shall not be severable, the provisions of

every act or application of the act shall be severable. If any

provision or application of the act is found to be unconstitutional

and void, the remaining provisions or applications of the act shall

remain valid, unless the court finds:

a. the valid provisions or application of the act are so

essentially and inseparably connected with, and so

dependent upon, the void provisions that the court

Oklahoma Statutes - Title 75. Statutes and Reports Page 5

cannot presume the Legislature would have enacted the

remaining valid provisions without the void one; or

b. the remaining valid provisions or applications of the

act, standing alone, are incomplete and are incapable

of being executed in accordance with the legislative

intent.

2. For acts enacted prior to July 1, 1989, whether or not such

acts were enacted with an express provision for severability, it is

the intent of the Oklahoma Legislature that the act or any portion

of the act or application of the act shall be severable unless:

a. the construction of the provisions or application of

the act would be inconsistent with the manifest intent

of the Legislature;

b. the court finds the valid provisions of the act are so

essentially and inseparably connected with and so

dependent upon the void provisions that the court

cannot presume the Legislature would have enacted the

remaining valid provisions without the void one; or

c. the court finds the remaining valid provisions

standing alone, are incomplete and are incapable of

being executed in accordance with the legislative

intent.
Okla. Stat. tit. 75, § 75-250.10 — OK Code / Title 75 / Section 75-250.10
Request for agency review of rules
Status: repealed

The Governor by Executive Order or either house of the

Legislature or both houses of the Legislature by resolution, or a

small business, may request an agency to review its rules to

determine whether or not the rules in question should be amended,

repealed or redrafted. The agency shall respond to requests from

the Governor or the Legislature within thirty (30) calendar days of

such request. The agency shall respond to requests made by a small

business within ninety (90) calendar days.
Okla. Stat. tit. 75, § 75-26.14 — OK Code / Title 75 / Section 75-26.14
Referring of bills upon convening of session -
Status: in_force

Introduction and reading.

Immediately upon the convening of each regular session of the

Legislature, the Secretary of the Senate and the Chief Clerk of the

House of Representatives shall refer all prefiled bills and

resolutions to the respective presiding officers of the two (2)

houses of the Legislature. All bills and resolutions prefiled, in

accordance herewith, shall, prior to the introduction of bills and

resolutions, be placed immediately upon first reading in the same

manner as bills and resolutions introduced after the convening of

the Legislature. Bills and resolutions introduced after the first

reading of prefiled bills and resolutions shall be numbered

consecutively with said prefiled bills and resolutions,

respectively, in the manner provided by legislative rules for bills

and resolutions introduced after the convening of the Legislature.
Okla. Stat. tit. 75, § 75-506 — OK Code / Title 75 / Section 75-506
Waiver of administrative penalties or fines
Status: in_force

A. Notwithstanding any other law of this state, any agency

authorized to assess administrative penalties or administrative

fines upon a business may waive or reduce any administrative penalty

or administrative fine for a violation of any statute, ordinance, or

rules by a small business under the following conditions:

1. The small business corrects the violation within thirty (30)

days or less after receipt of a notice of violation or citation; or

2. The violation was the result of an excusable

misunderstanding of an agency’s interpretation of a rule.

B. Subsection A of this section shall not apply when:

Oklahoma Statutes - Title 75. Statutes and Reports Page 86

1. A small business has been notified of the violation of a

statute, ordinance, or rule by the agency pursuant to paragraph 1 of

subsection A of this section and has been given a prior opportunity

to correct the violation on a prior occasion;

2. A small business fails to exercise good faith in complying

with the statute, ordinance, or rule;

3. A violation involves willful or criminal conduct;

4. A violation results in serious health, safety, or

environmental impact; or

5. The penalty or fine is assessed pursuant to a federal law or

regulation and for which no waiver or reduction is authorized by the

federal law or regulation.

C. An agency shall promulgate rules pursuant to the

Administrative Procedures Act to implement the requirements of this

section.
Okla. Stat. tit. 75, § 75-302 — OK Code / Title 75 / Section 75-302
Promulgation of certain rules - Public inspection of
Status: in_force

rules, orders, decisions and opinions - Rulemaking record -

Prohibited actions - Violations.

A. In addition to other rulemaking requirements imposed by law,

each agency which has rulemaking authority, shall:

1. Promulgate as a rule a description of the organization of

the agency, stating the general course and method of the operations

of the agency and the methods whereby the public may obtain

information or make submissions or requests;

2. Promulgate rules of practice setting forth the nature and

requirements of all formal and informal procedures available,

including a description of all forms and instructions issued by the

agency for use by the public;

3. Make available for public inspection all rules and all other

written statements of policy or interpretations formulated, adopted,

promulgated or used by the agency in the discharge of its functions;

4. Make available for public inspection pursuant to the

provisions of the Open Records Act all final orders, decisions and

opinions.

B. 1. An agency shall maintain an official rulemaking record

for each proposed rule or promulgated rule. The record and

materials incorporated by reference shall be available for public

inspection.

2. The agency rulemaking record shall contain:

a. copies of all publications in "The Oklahoma Register"

with respect to the rule or the proceeding upon which

the rule is based,

b. copies of any portions of the agency's public

rulemaking docket containing entries relating to the

rule or the proceeding upon which the rule is based,

c. all written petitions, requests, submissions, and

comments received by the agency and all other written

materials considered by the agency in connection with

the formulation, proposal, or adoption of the rule or

the proceeding upon which the rule is based,

d. any official transcript of oral presentations made in

the proceeding upon which the rule is based or, if not

transcribed, any tape recording or stenographic record

of those presentations, and any memorandum prepared by

a presiding official summarizing the contents of those

presentations,

e. a copy of any regulatory analysis prepared for the

proceeding upon which the rule is based,

Oklahoma Statutes - Title 75. Statutes and Reports Page 51

f. a copy of the rule and analysis of each such rule

filed with the Office pursuant to Section 251 of this

title,

g. all petitions for exceptions to, amendments of, or

repeal or suspension of, the rule,

h. a copy of the rule impact statement, if made, and

i. such other information concerning such rules as may be

determined necessary by the agency.

3. Upon judicial review, the record required by this section

constitutes the official agency rulemaking record with respect to a

rule. Except as otherwise required by a provision of law, the

agency rulemaking record need not constitute the exclusive basis for

agency action on that rule or for judicial review thereof.

C. 1. By December 31, 2002, each agency that issues precedent-

setting orders shall maintain and index all such orders that the

agency intends to rely upon as precedent. The index and the orders

shall be available for public inspection and copying in the main

office and each regional or district office of the agency. The

orders shall be indexed by subject.

2. After December 31, 2002, an order shall not be relied upon

as precedent by an agency to the detriment of any person until it

has been made available for public inspection and indexed in the

manner described in this subsection.

3. An agency shall consistently apply rules to each person

subject to the jurisdiction of the agency regarding issuance of

orders.

D. An agency shall not by internal policy, memorandum, or other

form of action not otherwise authorized by the Administrative

Procedures Act:

1. Amend, interpret, implement, or repeal a statute or a rule;

2. Expand upon or limit a statute or a rule; and

3. Except as authorized by the Constitution of the United

States, the Oklahoma Constitution or a statute, expand or limit a

right guaranteed by the Constitution of the United States, the

Oklahoma Constitution, a statute, or a rule.

E. Any agency memorandum, internal policy, or other form of

action violative of this section or the spirit thereof is null,

void, and unenforceable.

F. This section shall not be construed to prohibit an agency

issuing an opinion or administrative decision which is authorized by

statute provided that, unless such opinion or administrative

decision is issued pursuant to the procedures required pursuant to

the Administrative Procedures Act, such decision or opinion shall

not have the force and effect of law.
Okla. Stat. tit. 75, § 75-250.3 — OK Code / Title 75 / Section 75-250.3
See the following versions:
Status: in_force

OS 75-250.3v1 (HB 2728, Laws 2025, c. 258, § 5)

OS 75-250.3v2 (SB 995, Laws 2025, c. 420, § 1)
Okla. Stat. tit. 75, § 75-31.10 — OK Code / Title 75 / Section 75-31.10
Uniformity of application and construction
Status: in_force

In applying and construing this uniform act, consideration must

be given to the need to promote uniformity of the law with respect

to its subject matter among states that enact it.
Okla. Stat. tit. 75, § 75-308.3 — OK Code / Title 75 / Section 75-308.3
Joint resolution of the Legislature
Status: in_force

A. The Legislature shall have joint resolutions prepared for

consideration each session.

B. For the purpose of this section, a proposed permanent rule

may be disapproved, in whole or in part, in a joint resolution

considered by the Legislature.

C. If any rule received on or before the date established

pursuant to paragraph 1 of subsection A of Section 308 of this title

Oklahoma Statutes - Title 75. Statutes and Reports Page 67

is not subject to a joint resolution passed by both houses of the

Legislature and signed by the Governor or is found by the Governor

to have a technical legal defect preventing approval of

administrative rules intended to be approved by the Legislature, the

Governor may declare any rules received on or before February 1 and

not subject to a joint resolution passed by both houses of the

Legislature to be approved or disapproved and finally adopted by

publishing a single declaration in "The Oklahoma Register" on or

before July 17. If the Governor finds that the joint resolution has

a technical legal defect, the Governor shall make the finding in

writing and submit the finding to the Legislature.
Okla. Stat. tit. 75, § 75-11 — OK Code / Title 75 / Section 75-11
Statutes defined
Status: in_force

The Statutes of Oklahoma are hereby defined to be:

First. Original acts enacted by the Legislature.

Second. Statutes taken from other sources and adopted and

enacted by the Legislature as statutes of this state.

R.L. 1910, § 8147.
Okla. Stat. tit. 75, § 75-315.1 — OK Code / Title 75 / Section 75-315.1
Public hearings - Fees
Status: in_force

No agency shall charge a fee to any person wishing to submit

evidence, views or arguments at any public hearing authorized by the

Oklahoma Administrative Procedures Act concerning rules,

regulations, licenses, permits, orders or any other proposed agency

action. Nothing in this act shall be construed to prohibit the

collection of any licensing or permit fees or other fees otherwise

prescribed by statute.
Okla. Stat. tit. 75, § 75-303.1 — OK Code / Title 75 / Section 75-303.1
Filing of rules, amendments, revisions, revocations, and
Status: in_force

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;

Oklahoma Statutes - Title 75. Statutes and Reports Page 53

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, § 75-318 — OK Code / Title 75 / Section 75-318
Judicial review
Status: in_force

A. 1. Any party aggrieved by a final agency order in an

individual proceeding is entitled to certain, speedy, adequate, and

complete judicial review thereof pursuant to the provisions of this

section and Sections 319, 320, 321, 322, and 323 of this title.

2. This section shall not prevent resort to other means of

review, redress, relief, or trial de novo, available because of

constitutional provisions.

3. Neither a motion for new trial nor an application for

rehearing shall be prerequisite to secure judicial review.

4. A claim under the Administrative Procedures Act accrues when

any plaintiff properly joined in the action has the right to assert

the claim in court, which at the earliest shall be the date the

party is aggrieved by final agency action.

B. 1. The judicial review prescribed by this section for final

agency orders, as to agencies whose final agency orders are made

subject to review, under constitutional or statutory provisions, by

appellate proceedings in the Supreme Court, shall be afforded by

such proceedings taken in accordance with the procedure and under

the conditions otherwise provided by law, but subject to the

applicable provisions of Sections 250.5 and 319 through 323 of this

title, and the rules of the Supreme Court.

2. In all other instances, proceedings for review shall be

instituted by filing a petition, in the district court of the county

in which the party seeking review resides or at the option of such

party where the property interest affected is situated, naming as

respondents only the agency, such other party or parties in the

administrative proceeding as may be named by the petitioner or as

otherwise may be allowed by law, within thirty (30) days after the

appellant is notified of the final agency order as provided in

Section 312 of this title.

C. Copies of the petition shall be delivered in person or

mailed, postage prepaid, to the agency and all other parties of

record, and proof of such delivery or mailing shall be filed in the

court within ten (10) days after the filing of the petition. Any

party not named as a respondent in the petition is entitled to

respond within ten (10) days of receipt of service. The court, in

its discretion, may permit other interested persons to intervene.

D. In any proceedings for review brought by a party aggrieved

by a final agency order:

1. The agency whose final agency order was made subject to

review may be entitled to recover against such aggrieved party any

court costs, witness fees, and reasonable attorney fees if the court

Oklahoma Statutes - Title 75. Statutes and Reports Page 81

determines that the proceeding brought by the party is frivolous or

was brought to delay the effect of the final agency order.

2. The party aggrieved by the final agency order may be

entitled to recover against such agency any court costs, witness

fees, and reasonable attorney fees if the court determines that the

proceeding brought by the agency is frivolous.

E. In the interpretation of a state statute, administrative

rule, or other regulation, the reviewing court or officer hearing an

administrative action shall not defer to the interpretation of a

state agency and shall interpret the meaning and effect de novo. In

an action brought by or against a state agency, after applying all

customary tools of interpretation, the court or hearing officer

shall exercise any remaining doubt in favor of a reasonable

interpretation which limits agency power and maximizes individual

liberty.
Okla. Stat. tit. 75, § 75-504 — OK Code / Title 75 / Section 75-504
Proposed permanent rules - Determination of impact on
Status: in_force

small business.

A. Prior to submitting proposed permanent rules for adoption,

amendment, revision or revocation pursuant to the Administrative

Procedures Act, the agency shall comply with the provisions of

paragraph 4 of subsection A of Section 303 of this title in order to

determine whether the proposed rules adversely affect small

business.

B. The Oklahoma Small Business Regulatory Flexibility Act shall

not apply to proposed permanent rules by an agency to implement a

statute or ordinance that does not require an agency to interpret or

describe the requirements of the statute or ordinance, such as state

Oklahoma Statutes - Title 75. Statutes and Reports Page 85

legislative or federally mandated provisions which afford the agency

no discretion to consider less restrictive alternatives.
Okla. Stat. tit. 75, § 75-321.1 — OK Code / Title 75 / Section 75-321.1
Actions brought by state agencies — Civil penalties not
Status: in_force

to be awarded — Exceptions.

A. No civil penalty may be awarded in an action brought by or

on behalf of an administrative agency of this state against any

person or legal entity for conduct that would also be the subject of

a suit at common law in which the defendant would be entitled to

trial by jury before a court established under the Oklahoma

Constitution, except after a trial by jury before such court.

B. The provisions of subsection A of this section shall not

apply to a summary judgment rendered in compliance with Title 12 of

the Oklahoma Statutes and any precedents establishing the standards

for summary judgment. Such requirement shall not apply to a civil

case in a court proceeding in equity jurisdiction that, prior to the

passage of this act, did not involve a right to a trial by jury

before a court established under the Oklahoma Constitution.
Okla. Stat. tit. 75, § 75-31.9 — OK Code / Title 75 / Section 75-31.9
Standards
Status: in_force

In implementing this act, an official publisher of legal

material in an electronic record shall consider:

1. Standards and practices of other jurisdictions;

2. The most recent standards regarding authentication of,

preservation and security of, and public access to, legal material

in an electronic record and other electronic records, as promulgated

by national standard-setting bodies;

3. The needs of users of legal material in an electronic

record;

4. The views of governmental officials and entities and other

interested persons; and

5. To the extent practicable, methods and technologies for the

authentication of, preservation and security of, and public access

to, legal material which are compatible with the methods and

technologies used by other official publishers in this state and in

other states that have adopted a law substantially similar to this

act.
Okla. Stat. tit. 75, § 75-502 — OK Code / Title 75 / Section 75-502
Definitions
Status: in_force

As used in the Oklahoma Small Business Regulatory Flexibility

Act:

1. "Agency" is defined as provided by paragraph 3 of Section

250.3 of this title, except that agencies established by Title 59 of

the Oklahoma Statutes that license and regulate or discipline

professions and occupations shall be exempt from the definition of

agency in the Oklahoma Small Business Regulatory Flexibility Act;

2. "Rule" is defined as provided by paragraph 17 of Section

250.3 of this title, provided that the definition shall not include

emergency or preemptive rules; and

3. "Small business" means a for-profit enterprise consisting of

fifty or fewer full-time or part-time employees.
Okla. Stat. tit. 75, § 75-26.11 — OK Code / Title 75 / Section 75-26.11
Prefiling of bills and resolutions
Status: in_force

Beginning on the 15th day of November of each even-numbered year

and ending at the time of sine die adjournment of the second regular

session during the following even-numbered year, members of the

first regular legislative session who have taken the required oath

of office therefor and holdover members of the Senate are hereby

authorized to prefile legislative bills and resolutions for

introduction. Such bills and resolutions shall be in the form

required by the rules of the respective houses of the Legislature.

Oklahoma Statutes - Title 75. Statutes and Reports Page 10
Okla. Stat. tit. 75, § 75-319 — OK Code / Title 75 / Section 75-319
Staying enforcement of agency decision pending review
Status: in_force

(1) The filing of a proceeding for review shall not stay

enforcement of the agency decision; but the agency may do so, or the

reviewing court may order a stay upon such terms as it deems proper,

and shall do so whenever required by subsection (2) of this section.

(2) In every proceeding in any court for the review of an order

of an agency, upon the filing of an application, supported by

verified statements of material fact establishing that the

enforcement of the order pending final decision would result in

present, continuous and irreparable impairment of the constitutional

rights of the applicant, a stay of the enforcement of such order and

of the accrual of penalties thereunder shall be entered upon the

condition that:

(a) injury to adverse parties or to the public, as the case may

be, can be obviated through the furnishing of security adequate to

compensate for any loss which may be suffered as a result of the

stay in the event the order is affirmed, in whole or in part;

(b) a supersedeas bond, in the amount and with sureties

prescribed and approved by the reviewing court, in its sound

judicial discretion, as adequate to meet requirement (a), be filed

with such court. If an application for supersedeas hereunder,

accompanied by a proposal for a supersedeas bond, is not acted upon

by the court within forty-five (45) days from the filing thereof,

the order appealed from thereupon shall be automatically superseded

and stayed, during the pendency of the appeal, upon the filing of

the bond proposed in the application, provided, however, that the

court thereafter may reasonably modify the terms of the supersedeas

Oklahoma Statutes - Title 75. Statutes and Reports Page 82

as to amount and surety whereupon the appellant shall comply with

such modification in order to maintain the supersedeas in effect.
Okla. Stat. tit. 75, § 75-26 — OK Code / Title 75 / Section 75-26
Emergency laws - Binder for public examination - Duty of
Status: in_force

court clerks.

Immediately upon receipt from the Secretary of State of the acts

and resolutions referred to in Section 1 hereof, it shall be the

duty of the court clerk of each county to place the same in a

binder, which shall be available for examination by the public.
Okla. Stat. tit. 75, § 75-160 — OK Code / Title 75 / Section 75-160
Executed
Status: in_force

Oklahoma Statutes - Title 75. Statutes and Reports Page 19
Okla. Stat. tit. 75, § 75-31.6 — OK Code / Title 75 / Section 75-31.6
Effect of authentication
Status: in_force

A. Legal material in an electronic record that is authenticated

under Section 5 of this act is presumed to be an accurate copy of

the legal material.

B. If another state has adopted a law substantially similar to

this act, legal material in an electronic record that is designated

as official and authenticated by the official publisher in that

state is presumed to be an accurate copy of the legal material.

Oklahoma Statutes - Title 75. Statutes and Reports Page 15

C. A party contesting the authentication of legal material in

an electronic record authenticated under Section 5 of this act has

the burden of proving by a preponderance of the evidence that the

record is not authentic.
Okla. Stat. tit. 75, § 75-501 — OK Code / Title 75 / Section 75-501
Short title
Status: in_force

Sections 1 through 6 of this act shall be known and may be cited

as the “Oklahoma Small Business Regulatory Flexibility Act”.
Okla. Stat. tit. 75, § 75-250.2 — OK Code / Title 75 / Section 75-250.2
Legislative intent
Status: in_force

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, budgets and purposes.

Article VI of the Oklahoma Constitution 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

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 general 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 general policy by

legislation, notwithstanding any delegation of rulemaking authority;

3. The right and responsibility to designate the method for

rule promulgation, review, repeal and modification;

Oklahoma Statutes - Title 75. Statutes and Reports Page 22

4. The right to approve or disapprove or repeal any adopted

rule by joint resolution; and

5. The right to disapprove 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 the Legislature determines that a rule is

not consistent with legislative intent.
Okla. Stat. tit. 75, § 75-31.2 — OK Code / Title 75 / Section 75-31.2
Definitions
Status: in_force

As used in this act:

1. "Electronic" means relating to technology having electrical,

digital, magnetic, wireless, optical, electromagnetic, or similar

capabilities;

2. "Legal material" means, whether or not in effect:

a. the Constitution of the State of Oklahoma,

b. the Oklahoma Session Laws,

Oklahoma Statutes - Title 75. Statutes and Reports Page 13

c. the Oklahoma Statutes,

d. the Oklahoma Administrative Code,

e. the Oklahoma Register,

f. a state agency rule that has or had the effect of law,

or

g. the following categories of state administrative

agency decisions:

(1) precedential decisions of the Oklahoma Tax

Commission,

(2) precedential decisions of the Oklahoma

Corporation Commission,

(3) precedential decisions of any other agency,

board, commission, department or other entity of

state government, or

h. official opinions of the Attorney General;

3. "Official publisher" means:

a. for the Constitution of the State of Oklahoma, the

Oklahoma Secretary of State,

b. for the Oklahoma Session Laws, the Oklahoma Secretary

of State,

c. for the Oklahoma Statutes, the Oklahoma Secretary of

State,

d. for the Oklahoma Administrative Code, the Office of

Administrative Rules within the Office of the Oklahoma

Secretary of State,

e. for the Oklahoma Register, the Office of

Administrative Rules within the Office of the Oklahoma

Secretary of State,

f. for state agency rule that has or had the effect of

law, unless published in the Oklahoma Administrative

Code by the Office of Administrative Rules within the

Office of the Oklahoma Secretary of State, then that

specific state agency that promulgates such rule,

g. for the precedential decisions of the Oklahoma Tax

Commission, the Oklahoma Tax Commission,

h. for the precedential decisions of the Oklahoma

Corporation Commission, the Oklahoma Corporation

Commission,

i. for the precedential decisions of any other agency,

board, commission, department or other entity of state

government, then that specific agency, board,

commission, department or other entity of state

government that issues such precedential decision,

j. for the official opinions of the Attorney General, the

Office of the Attorney General;

Oklahoma Statutes - Title 75. Statutes and Reports Page 14

4. "Publish" means to display, present, or release to the

public, or cause to be displayed, presented, or released to the

public, by the official publisher;

5. "Record" means information that is inscribed on a tangible

medium or that is stored in an electronic or other medium and is

retrievable in perceivable form; and

6. "State" means a state of the United States, the District of

Columbia, Puerto Rico, the United States Virgin Islands, or any

territory or insular possession subject to the jurisdiction of the

United States.
Okla. Stat. tit. 75, § 75-304 — OK Code / Title 75 / Section 75-304
Filing of adopted rules - Effective date of adopted rule
Status: in_force

or Executive Order.

A. Each agency shall file copies of each rule finally adopted

by it with the Secretary, as required by Section 251 of this title.

B. 1. Each rule finally adopted is effective ten (10) calendar

days after publication in "The Oklahoma Register" pursuant to

Section 255 of this title unless a later date is required by statute

or specified in the rule, the agency rule report, or "The Oklahoma

Register", the later date is the effective date. A rule shall only

be applied prospectively from its effective date.

2. a. Subject to applicable constitutional or statutory

provisions, an emergency rule becomes effective

immediately or at a stated date after certification by

the Governor. An emergency rule shall only be applied

prospectively from its effective date.

b. The agency shall take appropriate measures to make

emergency rules known to the persons who may be

affected by them.

C. Executive Orders signed by the Governor shall become

effective upon the date specified therein or immediately upon

issuance.
Okla. Stat. tit. 75, § 75-255 — OK Code / Title 75 / Section 75-255
Publication of The Oklahoma Register - Publication of
Status: in_force

rules and regulations.

A. 1. The Secretary of State is hereby authorized, directed,

and empowered to publish "The Oklahoma Register" not less than

monthly for the publication of new rules, any amendment, revision or

revocation of an existing rule, emergency rules, any notices of such

rulemaking process and Executive Orders as are required by law to be

published in "The Oklahoma Register". Said rules or amendments,

revisions, or revocations of existing rules shall be published in

the first issue of "The Oklahoma Register" published pursuant to

Oklahoma Statutes - Title 75. Statutes and Reports Page 45

Sections 251, 253, 256, 303, 303.1, and 308 of this title after the

date of acceptance by the Secretary.

2. The Secretary shall cause a copy of each publication of "The

Oklahoma Register" to be sent to those county clerks who request it,

to members of the Legislature upon request, and to such other

agencies, libraries, and officials as the Secretary may select. The

Secretary may charge recipients of the publication a cost sufficient

to defray the cost of publication and mailing. If the Secretary

determines that the entity requesting copies could download "The

Oklahoma Register" through the Internet, then the Secretary may

comply by providing "The Oklahoma Register" to the entity via

Internet, at no charge.

3. The Secretary shall cause a copy of all rules, all new

rules, and all amendments, revisions, or revocations of existing

rules to be on file and available for public examination in the

Office during normal office hours.

4. The Secretary shall promulgate rules to systematize the

designations of rules. To establish said system or to preserve

uniformity of designations, the Secretary may require the agency to

change the title or numbering of any rule or any amendment,

revision, or revocation thereof.

B. The Secretary is authorized to provide for the publication

of rules in summary form when the rules are of such length that

publication of the full text would be too costly. The summary shall

be prepared by the agency submitting the rules and shall state where

the full text of the rule may be obtained.

C. The notice required pursuant to the provisions of Section

303 of this title shall be published in "The Oklahoma Register"

prior to the adoption of a new rule, or amendment, revision or

revocation of any existing rule. The notice shall include the

information required by Section 303 of this title.
Okla. Stat. tit. 75, § 75-307 — OK Code / Title 75 / Section 75-307
Filing and disposition of petitions for declaratory
Status: in_force

rulings - Judicial review.

Each agency shall provide by rule for the filing and prompt

disposition of petitions for declaratory rulings as to the

applicability of any rule or order of the agency. A declaratory

Oklahoma Statutes - Title 75. Statutes and Reports Page 65

ruling, or refusal to issue such ruling, shall be subject to a

judicial review in the manner provided for review of decisions in

individual proceedings as provided in Sections 317 through 323 of

this title.
Okla. Stat. tit. 75, § 75-253 — OK Code / Title 75 / Section 75-253
Emergency rules
Status: in_force

A. 1. If an agency finds that a rule is necessary as an

emergency measure, the rule may be promulgated pursuant to the

provisions of this section, if the rule is first approved by the

Governor. The Governor shall not approve the adoption, amendment,

revision, or revocation of a rule as an emergency measure unless the

agency submits substantial evidence that the rule is necessary as an

emergency measure to do any of the following:

a. protect the public health, safety, or welfare,

b. comply with deadlines in amendments to an agency’s

governing law or federal programs,

c. avoid violation of federal law or regulation or other

state law,

d. avoid imminent reduction to the agency’s budget, or

e. avoid serious prejudice to the public interest.

As used in this subsection, “substantial evidence” shall mean

credible evidence which is of sufficient quality and probative value

to enable a person of reasonable caution to support a conclusion.

2. In determining whether a rule is necessary as an emergency

measure, the Governor shall consider whether the emergency situation

Oklahoma Statutes - Title 75. Statutes and Reports Page 39

was created due to the agency’s delay or inaction and could have

been averted by timely compliance with the provisions of this

chapter.

B. An emergency rule adopted by an agency shall:

1. Be prepared in the format required by Section 251 of this

title;

2. a. Include an impact statement which meets the

requirements set forth in subparagraph b of this

paragraph, unless the Governor waives the initial

requirement in writing upon a finding that the rule

impact statement or the specified contents thereof are

unnecessary or contrary to the public interest.

Provided, the rule impact statement shall be submitted

no more than forty-five (45) days from the date of

such waiver.

b. The rule impact statement shall include, but not be

limited to:

(1) a statement of the need for the rule and legal

basis supporting it,

(2) a classification of the rule as major or

nonmajor, with a justification for the

classification, including an estimate of the

total annual implementation and compliance costs

that are reasonably expected to be incurred by or

passed along to businesses, state or local

government units, or individuals and a

determination of whether those costs will exceed

One Million Dollars ($1,000,000.00) over the

initial five-year period following the

promulgation of the proposed rule. Provided, if

the costs exceed One Million Dollars

($1,000,000.00), the agency shall classify the

rule as a major rule,

(3) a description of the proposed rule, including a

determination of whether the proposed rule is

mandated by federal law, or as a requirement for

participation in or implementation of a federally

subsidized or assisted program, and whether the

proposed rule exceeds the requirements of the

applicable federal law,

(4) a description of the classes of persons who most

likely will be affected by the proposed rule,

including classes that will bear the costs of the

proposed rule, and any information on cost

impacts received by the agency from any private

or public entities,

Oklahoma Statutes - Title 75. Statutes and Reports Page 40

(5) a description of the classes of persons who will

benefit from the proposed rule,

(6) a comprehensive analysis of the rule’s economic

impact, including any anticipated impacts on the

full-time-employee count of the agency, any costs

or benefits, and a detailed quantification of

implementation and compliance costs on the

affected businesses, business sectors, public

utility ratepayers, individuals, state or local

government units, and on the state economy as a

whole. The analysis shall include a listing of

all fee changes and, whenever possible, a

separate justification for each fee change,

(7) a detailed explanation of the methodology and

assumptions used to determine the economic

impact, including the dollar amounts calculated,

(8) a determination of whether implementation of the

proposed rule will have an economic impact on any

political subdivisions or require their

cooperation in implementing or enforcing the

rule,

(9) a determination of whether implementation of the

proposed rule may have an adverse economic effect

on small business as provided by the Oklahoma

Small Business Regulatory Flexibility Act,

(10) any measures taken by the agency to minimize the

cost and impact of the proposed rule on business

and economic development in this state, local

government units of this state, and individuals,

(11) a determination of the effect of the proposed

rule on the public health, safety, and

environment and, if the proposed rule is designed

to reduce significant risks to the public health,

safety, and environment, an explanation of the

nature of the risk and to what extent the

proposed rule will reduce the risk,

(12) a determination of any detrimental effect on the

public health, safety, and environment if the

proposed rule is not implemented, and

13) the date the rule impact statement was prepared

and, if modified, the date modified.

c. The rule impact statement shall be prepared on or

before the date the emergency rule is adopted; and

3. Be transmitted pursuant to Section 464 of Title 74 of the

Oklahoma Statutes 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, along with the

Oklahoma Statutes - Title 75. Statutes and Reports Page 41

information required by this subsection within ten (10) days after

the rule is adopted.

C. 1. Within forty-five (45) calendar days of receipt of a

proposed emergency rule filed 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, the Governor

shall review the demonstration of emergency pursuant to subsection A

of this section, and shall separately review the rule in accordance

with the standards prescribed in paragraph 3 of this subsection.

2. Prior to approval of emergency rules, the Governor shall

submit the emergency rule to the Secretary of State for review of

proper formatting.

3. If the Governor determines the agency has established the

rule is necessary as an emergency measure pursuant to subsection A

of this section, the Governor shall approve the proposed emergency

rule if the rule is:

a. clear, concise, and understandable,

b. within the power of the agency to make and within the

enacted legislative standards, and

c. made in compliance with the requirements of the

Administrative Procedures Act.

4. If an emergency rule is adopted under this section due to a

declared state of emergency pursuant to Section 683.1 et seq. of

Title 63 of the Oklahoma Statutes, an agency may request the

Governor waive the provisions of subsection B of this section. Such

request shall be in writing and shall state the agency’s findings

and the justification for such findings. The agency shall have

forty-five (45) days to comply with the provisions of subsection B

of this section for any adopted emergency rules where such

provisions are waived. Any rules which do not comply with the

requirements of this section shall expire following such time

period. Nothing in this paragraph shall be construed to waive any

other requirements of this section for emergency rule promulgation

by an agency.

D. 1. Within the forty-five-calendar-day period set forth in

paragraph 1 of subsection C of this section, the Governor may

approve the emergency rule or disapprove the emergency rule.

Failure of the Governor to approve an emergency rule within the

specified period shall constitute disapproval of the emergency rule.

2. If the Governor disapproves the adopted emergency rule, the

Governor shall return the entire document to the agency with reasons

for the disapproval. If the agency elects to modify the rule, the

agency shall adopt the modifications, and shall file the modified

rule in accordance with the requirements of subsection B of this

section.

3. Upon disapproval of an emergency rule, the Governor shall,

within fifteen (15) days, make written notification to the Speaker

Oklahoma Statutes - Title 75. Statutes and Reports Page 42

of the House of Representatives, the President Pro Tempore of the

Senate, the chief legislative officer of each chamber, and the

Office of Administrative Rules.

E. 1. Upon approval of an emergency rule, the Governor shall

immediately make written notification to the agency, the Speaker of

the House of Representatives, the President Pro Tempore of the

Senate, the chief legislative officer of each chamber, and the

Office of Administrative Rules. Upon receipt of the notice of the

approval, the agency shall file with the Office of Administrative

Rules as many copies of the notice of approval and the emergency

rule as required by the Secretary.

2. Emergency rules shall be subject to legislative review

pursuant to Section 308 of this title.

3. The emergency rule shall be published in accordance with the

provisions of Section 255 of this title in “The Oklahoma Register”

following the approval by the Governor. The Governor’s approval and

the approved rules shall be retained as official records by the

Office of Administrative Rules.

F. 1. Upon approval by the Governor, an emergency rule shall

be considered promulgated and shall be in force immediately, or on

such later date as specified therein. An emergency rule shall only

be applied prospectively from its effective date.

2. Except as otherwise provided in this subsection, the

emergency rule shall remain in full force and effect through the

first day of the next succeeding regular session of the Legislature

following promulgation of such emergency rule until September 14

following such session, unless it is made ineffective pursuant to

subsection H of this section.

G. No agency shall adopt any emergency rule which establishes

or increases fees, except during such times as the Legislature is in

session, unless specifically mandated by the Legislature or federal

legislation, or when the failure to establish or increase fees would

conflict with an order issued by a court of law.

H. 1. If an emergency rule is of a continuing nature, the

agency promulgating such emergency rule shall initiate proceedings

for promulgation of a permanent rule pursuant to Sections 303

through 308.3 of this title. If an emergency rule is superseded by

another emergency rule prior to the enactment of a permanent rule,

the latter emergency rule shall retain the same expiration date as

the superseded emergency rule, unless otherwise authorized by the

Legislature.

2. Any promulgated emergency rule shall be made ineffective if:

a. disapproved by the Legislature,

b. superseded by the promulgation of permanent rules,

c. any adopted rules based upon such emergency rules are

subsequently disapproved pursuant to Section 308 of

this title, or

Oklahoma Statutes - Title 75. Statutes and Reports Page 43

d. an earlier expiration date is specified by the agency

in the rules.

3. a. Emergency rules in effect on the first day of the

session shall be null and void on September 15

following sine die adjournment of the Legislature

unless otherwise specifically provided by the

Legislature.

b. Unless otherwise authorized by the Legislature, an

agency shall not adopt any emergency rule, which has

become null and void pursuant to subparagraph a of

this paragraph, as a new emergency rule or adopt any

emergency rules of similar scope or intent as the

emergency rules which became null and void pursuant to

subparagraph a of this paragraph.

I. Emergency rules shall not become effective unless approved

by the Governor pursuant to the provisions of this section.

J. 1. The requirements of Section 303 of this title relating

to notice and hearing shall not be applicable to emergency rules

promulgated pursuant to the provisions of this section. Provided,

this shall not be construed to prevent an abbreviated notice and

hearing process determined to be necessary by an agency.

2. The rule report required pursuant to Section 303.1 of this

title shall not be applicable to emergency rules promulgated

pursuant to the provisions of this section. Provided, this shall

not be construed to prevent an agency from complying with such

requirements at the discretion of such agency.

3. The statement of submission required by Section 303.1 of

this title shall not be applicable to emergency rules promulgated

pursuant to the provisions of this section.

K. Prior to approval or disapproval of an emergency rule by the

Governor, an agency may withdraw from review an emergency rule

submitted pursuant to the provisions of this section. Notice of

such withdrawal shall be given to the Governor, the Speaker of the

House of Representatives, the President Pro Tempore of the Senate in

accordance with the requirements set forth in Section 464 of Title

74 of the Oklahoma Statutes, and to the Office of Administrative

Rules as required by the Secretary of State. In order to be

promulgated as emergency rules, any replacement rules shall be

resubmitted pursuant to the provisions of this section.

L. Upon completing the requirements of this section, an agency

may promulgate a proposed emergency rule. No emergency rule is

valid unless promulgated in substantial compliance with the

provisions of this section.

M. Emergency rules adopted by an agency or approved by the

Governor shall be subject to review pursuant to the provisions of

Section 306 of this title.

Oklahoma Statutes - Title 75. Statutes and Reports Page 44
Okla. Stat. tit. 75, § 75-311 — OK Code / Title 75 / Section 75-311
Proposed orders
Status: in_force

A. Except as otherwise provided by Section 311.1 of this title,

if the administrative head of an agency has not heard the case or

read the record of an individual proceeding, a final agency order

adverse to a party shall not be made until a proposed order is

served upon the party, and an opportunity is afforded to the party

to file exceptions and present briefs and oral argument to the

administrative head who is to render the final agency order. The

proposed order shall be accompanied by a statement of the reasons

therefor and of each issue of fact or law necessary to the proposed

order, prepared by the hearing examiner or by one who has read the

record.

B. Such proposed order shall be served upon the parties at

least fifteen (15) days prior to a hearing or meeting at which the

administrative head is to consider or render a decision on the

proposed order. At such hearing or meeting, the parties shall be

afforded an opportunity to present briefs and oral arguments

concerning the proposed order.

C. The parties by written stipulation may waive compliance with

this section.
Okla. Stat. tit. 75, § 75-31.7 — OK Code / Title 75 / Section 75-31.7
Preservation and security of legal material in official
Status: in_force

electronic record.

A. An official publisher of legal material in an electronic

record that is or was designated as official under Section 4 of this

act shall provide for the preservation and security of the record in

an electronic form or a form that is not electronic.

B. If legal material is preserved under subsection A of this

section in an electronic record, the official publisher shall:

1. Ensure the integrity of the record;

2. Provide for backup and disaster recovery of the record; and

3. Ensure the continuing usability of the material.
Okla. Stat. tit. 75, § 75-31.3 — OK Code / Title 75 / Section 75-31.3
Applicability
Status: in_force

This act applies to all legal material in an electronic record

that is designated as official under Section 4 of this act and first

published electronically on or after the effective date of this act.
Okla. Stat. tit. 75, § 75-22 — OK Code / Title 75 / Section 75-22
Conflicting provisions
Status: in_force

If the provisions of any code, title, chapter or article

conflict with or contravene the provisions of any former code,

title, chapter or article, the provisions of the latter code, title,

chapter or article must prevail as to all matter and questions

arising thereunder out of the same subject matter.
Okla. Stat. tit. 75, § 75-12a — OK Code / Title 75 / Section 75-12a
Legislative bills and resolutions - Enrollment - Filing in
Status: in_force

Office of Secretary of State.

A. Bills and resolutions referred to in Section 35, Article V

of the Constitution of the State of Oklahoma, after their passage

but before they are signed by the presiding officer of each house of

the Legislature as provided in said section, shall be correctly

enrolled either in permanent ink on appropriate paper or in an

electronic form pursuant to rules adopted by each house. Bills and

resolutions originating in one house of the Legislature which, after

being duly passed and engrossed thereby, are transmitted to the

other house and thereafter returned without amendment to the house

in which same originated, shall, when referred for enrollment, be

transmitted to the Office of Engrossing and Enrolling thereof, which

office may cause each and every such engrossed bill or resolution,

without retyping, to be reported properly enrolled for fourth

reading and final signature by attaching or jacketing in the

forefront thereof a proper jurat for certification by the presiding

officer as to the previous passage of said bill or resolution.

After said bills and resolutions have been duly signed by the

presiding officer of each house of the Legislature, and after same

have been either affirmatively or negatively approved by the

Governor or passed over his objections, as provided in Section 11,

Article VI of the Constitution of the State of Oklahoma, they shall

be filed in the office of the Secretary of State where they shall be

permanently preserved.

B. For purposes of this section and subject to the provisions

of subsection C of this section, bills and resolutions and

amendments thereto may be transmitted between the two houses of the

Legislature electronically. Enrolled bills and resolutions may be

transmitted electronically to the Office of the Governor. Bills and

resolutions that are filed in the Office of the Secretary of State

may be transmitted electronically. If a bill or resolution is

transmitted electronically, the signature of the presiding officer

may be an electronic signature. All bills and resolutions

transmitted electronically must be signed by the presiding officer

in compliance with the provisions of Section 35 of Article V of the

Oklahoma Constitution; provided, such signatures may be in

electronic form.

C. Electronic transmittal of bills and resolutions shall be

allowed if safeguards established by the Clerk of the House and the

Secretary of the Senate are in place to protect against unauthorized

users. Transmission between the respective houses shall require a

written agreement signed by the Speaker of the House of

Representatives and the President Pro Tempore of the Senate.

Transmission from either house of the Legislature to the Office of

Oklahoma Statutes - Title 75. Statutes and Reports Page 7

the Governor shall require a written agreement signed by the

Governor, the Speaker of the House of Representatives and the

President Pro Tempore of the Senate. Transmission from either house

of the Legislature to the Office of the Secretary of State shall

require a written agreement signed by the Secretary of State, the

Speaker of the House of Representatives and the President Pro

Tempore of the Senate. The Clerk of the House of Representatives

and the Secretary of the Senate shall be the guardians of electronic

signatures for their respective houses of the Legislature and shall

be authorized to make determinations as to validity and authenticity

of electronic signatures.
Okla. Stat. tit. 75, § 75-192 — OK Code / Title 75 / Section 75-192
Oklahoma Statutes – Certification by the Justices of the
Status: in_force

Oklahoma Supreme Court – Adoption as official Statutes.

A. The Oklahoma Statutes shall be certified by the Justices of

the Oklahoma Supreme Court and adopted as the official Statutes of

the State of Oklahoma and after certification be in full force and

effect. Provided, however, that this section shall not be construed

to repeal or in any way affect or modify any special or local laws

or any law making an appropriation or any law relating to any

special election or validating act, or any law affecting any bond

issue or by which any bond issue may have been authorized, nor to

affect any pending proceedings or any existing rights or remedies,

nor the running of the statutes of limitations in force at the time

of the approval of this section; but all such local and special

laws, laws making appropriations, laws relating to special

elections, validating acts, and laws relating to or authorizing bond

issues, pending proceedings, and existing rights and remedies, and

statutes of limitations running and in force at the time of the

approval of this section shall continue and exist in all respects as

if this section had not been passed. Provided, further, that this

section shall not be construed to alter, change, impair, disparage,

vest or divest, or in any way affect any right or interest in the

United States, the State of Oklahoma, any Indian tribes or Nations

of Indians within the State of Oklahoma, nor shall the same be

construed to repeal any act of the Legislature of the State of

Oklahoma.

B. The Secretary of State shall issue a proclamation and

publish it in a newspaper of general circulation within the State of

Oklahoma stating the date upon which the statutes were published.
Okla. Stat. tit. 75, § 75-507 — OK Code / Title 75 / Section 75-507
Compliance with act - Mandated rules identical to federal
Status: in_force

rules and regulations.

A. Except as is otherwise specifically provided in this

subsection, each agency is required to comply with Sections 501

through 506 of Title 75 of the Oklahoma Statutes.

B. 1. The Commissioner of Public Safety shall be exempt from

Sections 501 through 506 of Title 75 of the Oklahoma Statutes

insofar as it is necessary to promulgate rules pursuant to the

Oklahoma Motor Carrier Safety and Hazardous Materials Transportation

Act, to maintain a current incorporation of federal motor carrier

safety and hazardous material regulations, or pursuant to Chapter 6

of Title 47 of the Oklahoma Statutes, to maintain a current

incorporation of federal commercial driver license regulations, for

which the Commissioner has no discretion when the state is mandated

to promulgate rules identical to federal rules and regulations.

2. Such rules may be adopted by the Commissioner and shall be

deemed promulgated twenty (20) days after notice of adoption is

published in "The Oklahoma Register". Such publication need not set

forth the full text of the rule but may incorporate the federal

rules and regulations by reference.

3. Such copies of promulgated rules shall be filed with the

Secretary as required by Section 251 of Title 75 of the Oklahoma

Statutes.

4. For any rules for which the Commissioner has discretion to

allow variances, tolerances or modifications from the federal rules

and regulations, the Commissioner shall fully comply with Sections

501 through 506 of Title 75 of the Oklahoma Statutes.
Okla. Stat. tit. 75, § 75-250.8 — OK Code / Title 75 / Section 75-250.8
Time computations
Status: in_force

In computing any period of time prescribed or allowed by the

Administrative Procedures Act, the day of the act, or event, from

which the designated period of time begins to run shall not be

included. The last day of the period so computed shall be included,

unless it is a Saturday, a Sunday, or a legal holiday as defined by

the Oklahoma Statutes or any other day when the receiving office

does not remain open for public business until 4:00 p.m., in which

event the period runs until the end of the next day which is not a

Saturday, a Sunday, or a legal holiday as defined by the Oklahoma

Statutes, or any other day when the receiving office does not remain

open for public business until 4:00 p.m.; provided, permanent rules

shall become effective on the tenth day after the rules are

published in “The Oklahoma Register”, as set forth in subsection B

of Section 304 of this title, regardless of the day of the week.
Okla. Stat. tit. 75, § 75-31.1 — OK Code / Title 75 / Section 75-31.1
Short title — Uniform Electronic Legal Material Act
Status: in_force

This act shall be known and may be cited as the "Uniform

Electronic Legal Material Act".
Okla. Stat. tit. 75, § 75-13 — OK Code / Title 75 / Section 75-13
Oklahoma Statutes and Session Laws - Secretary of State
Status: in_force

authorized to provide electronic publication.

A. The Secretary of State is authorized to provide for the

annual compilation, codification and annotation of the Oklahoma

Statutes and the Oklahoma Session Laws in the form of electronic

publication accessible to the public free of charge.

B. The Secretary of State is authorized to select an

appropriate vendor for the electronic publication and annual

maintenance of compiling, codifying and annotating the Oklahoma

Constitution, Oklahoma Statutes and Oklahoma Session Laws; provided,

such annotations shall include all versions of a statute or

constitutional amendment amended after commencement of the

electronic publication. The selection of a vendor by the Secretary

of State shall be exempt from the competitive bidding requirement of

The Oklahoma Central Purchasing Act.

C. The Secretary of State is authorized to fulfill any existing

contractual obligations and terms currently in place with the state

for printed versions of the Oklahoma Statutes and Oklahoma Session

Laws.

R.L. 1910, § 8149. Amended by Laws 1983, c. 164, § 2, emerg. eff.

June 6, 1983; Laws 2014, c. 361, § 1; Laws 2020, c. 44, § 1, eff.

Nov. 1, 2020.
Okla. Stat. tit. 75, § 75-307.1 — OK Code / Title 75 / Section 75-307.1
Legislative rule review – Rule committee – Standing
Status: in_force

committee of each house.

A. The Speaker of the House of Representatives and the

President Pro Tempore of the Senate may establish a rule committee

or designated standing committee of each such house to review

administrative rules.

B. Such committees may meet as needed during sessions of the

Legislature and in the interim.

C. The function of the committees shall be the review of all

adopted agency administrative rules and the promotion of adequate

and proper rules by agencies. Each committee may review all adopted

rules and such other rules the committee deems appropriate and may

make recommendations concerning such rules to its respective house

of the Legislature, or to the agency adopting the rule, or to both

its respective house of the Legislature and the agency.

D. In addition to the review of agency-adopted rules pursuant

to this act, the committees shall have the power and duty to:

1. Conduct a continuous study and investigations as to whether

additional legislation or changes in legislation are needed based on

various factors, including but not limited to review of proposed

rules, review of existing rules including but not limited to

consideration of amendments to or repeal of existing rules, the lack

of rules, the ability of agencies to promulgate such rules, the

burden of administrative rules on the regulated community and the

needs of administrative agencies;

2. Conduct a continuous study of the rulemaking process of all

state agencies including those agencies exempted by Section 250.4 of

this title for the purpose of improving the rulemaking process;

3. Conduct such other studies and investigations relating to

rules as may be determined to be necessary by the Committee; and

4. Monitor and investigate compliance of agencies with the

provisions of the Administrative Procedures Act, make periodic

investigations of the rulemaking activities of all agencies and

evaluate and report on all rules in terms of their propriety, legal

adequacy, relation to constitutional or statutory authorization,

economic and budgetary effects and public policy.
Okla. Stat. tit. 75, § 75-26.13 — OK Code / Title 75 / Section 75-26.13
Numbering
Status: in_force

The Secretary of the Senate and the Chief Clerk of the House of

Representatives shall, upon receipt of bills and resolutions for

prefiling, number said bills and resolutions consecutively in the

same manner as during regular legislative sessions and shall be

responsible for the safekeeping of the such bills and resolutions.
Okla. Stat. tit. 75, § 75-303 — OK Code / Title 75 / Section 75-303
See the following versions:
Status: in_force

OS 75-303v1 (HB 2728, Laws 2025, c. 258, § 7)

OS 75-303v2 (SB 1024, Laws 2025, c. 267, § 1)
Okla. Stat. tit. 75, § 75-322 — OK Code / Title 75 / Section 75-322
Setting aside, modifying or reversing of orders - Remand -
Status: in_force

Affirmance.

Oklahoma Statutes - Title 75. Statutes and Reports Page 83

(1) In any proceeding for the review of an agency order,

proceeding for the review of an agency order, the Supreme Court or

the district court, as the case may be, in the exercise of proper

judicial discretion or authority, may set aside or modify the order,

or reverse it and remand it to the agency for further proceedings,

if it determines that the substantial rights of the appellant or

petitioner for review have been prejudiced because the agency

findings, inferences, conclusions or decisions, are:

(a) in violation of constitutional provisions; or

(b) in excess of the statutory authority or jurisdiction of the

agency; or

(c) made upon unlawful procedure; or

(d) affected by other error of law; or

(e) clearly erroneous in view of the reliable, material,

probative and substantial competent evidence, as defined in Section

10 of this act, including matters properly noticed by the agency

upon examination and consideration of the entire record as

submitted; but without otherwise substituting its judgment as to the

weight of the evidence for that of the agency on question of fact;

or

(f) arbitrary or capricious; or

(g) because findings of fact, upon issues essential to the

decision were not made although requested.

(2) The reviewing court, also in the exercise of proper

judicial discretion or authority, may remand the case to the agency

for the taking and consideration of further evidence, if it is

deemed essential to a proper disposition of the issue.

(3) The reviewing court shall affirm the order and decision of

the agency, if it is found to be valid and the proceedings are free

from prejudicial error to the appellant.
Okla. Stat. tit. 75, § 75-310 — OK Code / Title 75 / Section 75-310
Procedures before agency
Status: in_force

In individual proceedings:

1. Agencies may admit and give probative effect to evidence

which possesses probative value commonly accepted by reasonably

prudent persons in the conduct of their affairs. They shall give

effect to the rules of privilege recognized by law in respect to:

self-incrimination; confidential communications between husband and

wife during the subsistence of the marriage relation; communication

between attorney and client, made in that relation; confessions made

to a clergyman or priest in his or her professional capacity in the

course of discipline enjoined by the church to which he or she

belongs; communications made by a patient to a licensed practitioner

of one of the healing arts with reference to any physical or

supposed physical disease or of knowledge gained by a practitioner

through a physical examination of a patient made in a professional

capacity; records and files of any official or agency of any state

or of the United States which, by any statute of a state or of the

United States are made confidential and privileged. No greater

exclusionary effect shall be given any such rule or privilege than

would obtain in an action in court. Agencies may exclude

incompetent, irrelevant, immaterial, and unduly repetitious

evidence. Objections to evidentiary offers may be made and shall be

noted in the record. Subject to these requirements, when a hearing

will be expedited and the interests of the parties will not be

prejudiced substantially, any part of the evidence may be received

in written form;

2. Documentary evidence may be received in the form of copies

or excerpts, if the original is not readily available. Upon

request, parties shall be given an opportunity to compare the copy

with the original;

3. A party may conduct cross-examinations required for a full

and true disclosure of the facts;

4. Notice may be taken of judicially cognizable facts. In

addition, notice may be taken of generally recognized technical or

Oklahoma Statutes - Title 75. Statutes and Reports Page 73

scientific facts within the agency's specialized knowledge. Parties

shall be notified either before or during the hearing, or by

reference in preliminary reports or otherwise, of the material

noticed, including any staff memoranda or data, and they shall be

afforded an opportunity to contest the material so noticed. The

agency's experience, technical competence, and specialized knowledge

may be utilized in the evaluation of the evidence.

5. Any party shall at all times have the right to counsel,

provided that such counsel must be duly licensed to practice law by

the Supreme Court of Oklahoma, and provided further that counsel

shall have the right to appear and act for and on behalf of the

party represented.

6. A party may request the exclusion of witnesses to the

extent and for the purposes stated in Section 2615 of Title 12 of

the Oklahoma Statutes. Exclusion of a witness shall not be a

violation of the Oklahoma Open Meeting Act.
Okla. Stat. tit. 75, § 75-311.1 — OK Code / Title 75 / Section 75-311.1
Department of Health - Final agency orders - Authority
Status: in_force

A. The Commissioner of the State Department of Health may

delegate the authority to issue a final agency order adverse to a

party to an agency administrative law judge if:

Oklahoma Statutes - Title 75. Statutes and Reports Page 74

1. The administrative law judge has a general knowledge of the

Public Health Code, and rules promulgated thereto;

2. The administrative law judge:

a. is currently licensed to practice law by the Supreme

Court of this state,

b. has a working knowledge of the Administrative

Procedures Act and administrative rules of the State

Department of Health,

c. is not an owner, stockholder, employee or officer of,

nor has any other business relationship with, any

corporation, partnership, or other business or entity

that is subject to regulation by the State Department

of Health,

d. is separate and apart from the legal division or

office of general counsel of the State Department of

Health,

e. is not responsible to or subject to the supervision or

direction of an employee or agent engaged in the

performance of investigative or prosecuting functions

for the State Department of Health, and

f. has not been engaged in the performance of

investigative or prosecuting functions for the State

Department of Health regarding the party receiving the

final agency order; and

3. The Commissioner in delegating the authority to issue final

agency orders adverse to a party pursuant to this section

specifically designates by written agency policy and procedure the

type or category of final agency order which may be issued by the

administrative law judge.

B. The provisions of this section shall not be construed to

authorize or allow restraints on the authority of the Commissioner

to adopt, reject, review, modify or correct the findings of fact and

conclusions of law or any proposed order issued by the

administrative law judge.

C. When the administrative law judge issues a final agency

order, that order becomes the final order of the State Department of

Health without further proceeding unless there is a request for

rehearing, reopening, or reconsideration pursuant to Section 317 of

Title 75 of the Oklahoma Statutes or a filing for judicial review

pursuant to Section 318 of Title 75 of the Oklahoma Statutes.
Okla. Stat. tit. 75, § 75-11c — OK Code / Title 75 / Section 75-11c
Local and special laws defined
Status: in_force

For purposes of Title 75 of the Oklahoma Statutes the

constitutional provision found in Section 46 of Article V of the

Oklahoma Constitution dealing with the prohibition of local and

special laws on certain subjects is restricted to the following

definition and all case law to the contrary is hereby null and void:

1. "Local laws" shall mean those laws confined in their

application to a geographic subunit of the State of Oklahoma; and

2. "Special laws" are those that favor a particular person or

corporation without reference to location.
Okla. Stat. tit. 75, § 75-317 — OK Code / Title 75 / Section 75-317
Rehearing, reopening or reconsideration of agency
Status: in_force

decision.

A. A final agency order issued by an administrative head of an

agency shall be subject to rehearing, reopening or reconsideration

by such administrative head. Any application or request for such

rehearing, reopening or reconsideration shall be made by any party

aggrieved by the final agency order within ten (10) days from the

date of the entry of such final agency order. The grounds for such

action shall be either:

1. Newly discovered or newly available evidence, relevant to

the issues;

2. Need for additional evidence adequately to develop the facts

essential to proper decision;

3. Probable error committed by the agency in the proceeding or

in its decision such as would be ground for reversal on judicial

review of the final agency order;

4. Need for further consideration of the issues and the

evidence in the public interest; or

5. A showing that issues not previously considered ought to be

examined in order properly to dispose of the matter.

B. The order of the agency granting rehearing, reconsideration

or review, or the petition of a party therefor, shall set forth the

grounds which justify such action.

C. Nothing in this section shall prevent rehearing, reopening

or reconsideration of a matter by any agency in accordance with

other statutory provisions applicable to such agency, or, at any

time, on the ground of fraud practiced by the prevailing party or of

procurement of the order by perjured testimony or fictitious

evidence.

D. On reconsideration, reopening, or rehearing, the matter may

be heard by the agency, or it may be referred to a hearing examiner.

The hearing shall be confined to those grounds upon which the

reconsideration, reopening or rehearing was ordered.

E. If an application for rehearing shall be timely filed, the

period within which judicial review, under the applicable statute,

Oklahoma Statutes - Title 75. Statutes and Reports Page 80

must be sought, shall run from the final disposition of such

application.
Okla. Stat. tit. 75, § 75-257 — OK Code / Title 75 / Section 75-257
Implementation of Article I of Act - Legal assistance
Status: in_force

Oklahoma Statutes - Title 75. Statutes and Reports Page 49

A. Upon the request of the Secretary, the Office of the

Attorney General shall provide such legal assistance to the Office

as is necessary to implement the provisions of Article I of the

Administrative Procedures Act.

B. The Attorney General shall prepare and provide for the

publication and distribution to the agencies, a pamphlet or

information sheet as to the procedures required by the

Administrative Procedures Act for the adoption, review, and

promulgation of rules.
Okla. Stat. tit. 75, § 75-321 — OK Code / Title 75 / Section 75-321
Review without jury - Additional testimony
Status: in_force

The review shall be conducted by the court without a jury and

shall be confined to the record, except that in cases of alleged

irregularities in procedure before the agency, not shown in the

record, testimony thereon may be taken in the court. The court,

upon request, shall hear oral argument and receive written briefs.
Okla. Stat. tit. 75, § 75-308a — OK Code / Title 75 / Section 75-308a
Jurisdiction
Status: in_force

The provisions of Article II of the Administrative Procedures

Act govern the hearing procedures of agencies, and does not grant

jurisdiction, not otherwise provided by law. The Legislature

recognizes that agencies take actions and make decisions, other than

by individual proceedings for which the right to judicial review is

intended to be exercised pursuant to other laws.
Okla. Stat. tit. 75, § 75-250.3v2 — OK Code / Title 75 / Section 75-250.3v2
Definitions
Status: in_force

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 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. “Emergency rule” means a rule that is made 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

Section 255 of this title but is otherwise in compliance with the

requirements of the Administrative Procedures Act, and is:

a. 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

b. disapproved by a joint resolution pursuant to

subsection B of Section 308 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

Oklahoma Statutes - Title 75. Statutes and Reports Page 26

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;

7. “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;

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 results 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 Secretary 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 participate, 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 public 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;

16. “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;

17. “Rule” means any agency statement or group of related

statements of general applicability and future 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 agency including but not

limited to fees charged for licensing, permitting,

inspections or publications,

Oklahoma Statutes - Title 75. Statutes and Reports Page 27

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,

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;

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.
Okla. Stat. tit. 75, § 75-303v2 — OK Code / Title 75 / Section 75-303v2
Adoption, amendment or revocation of rule - Procedure
Status: in_force

A. Prior to the adoption of any rule or amendment or revocation

of a rule, the agency shall:

1. Cause notice of any intended action to be published in “The

Oklahoma Register” pursuant to subsection B of this section;

2. For at least thirty (30) days after publication of the

notice of the intended rulemaking action, afford a comment period

Oklahoma Statutes - Title 75. Statutes and Reports Page 59

for all interested persons to submit data, views, or arguments,

orally or in writing. The agency shall consider fully all written

and oral submissions respecting the proposed rule;

3. Hold a hearing, if required, as provided by subsection C of

this section;

4. Consider the effect its intended action may have on the

various types of business and governmental entities. Except where

such modification or variance is prohibited by statute or

constitutional constraints, if an agency finds that its actions may

adversely affect any such entity, the agency may modify its actions

to exclude that type of entity, or may “tier” its actions to allow

rules, penalties, fines, or reporting procedures and forms to vary

according to the size of a business or governmental entity or its

ability to comply or both. For business entities, the agency shall

include a description of the probable quantitative and qualitative

impact of the proposed rule, economic or otherwise, and use

quantifiable data to the extent possible, taking into account both

short-term and long-term consequences;

5. Consider the effect its intended action may have on the

various types of consumer groups. If an agency finds that its

actions may adversely affect such groups, the agency may modify its

actions to exclude that type of activity; and

6. When an agency provides notice pursuant to paragraph 1 of

this subsection, the agency shall provide one electronic copy of the

complete text of the proposed rule, amendment, or revocation and a

copy of the notice to the Governor and to the appropriate cabinet

secretary. No agency shall adopt any proposed rule, amendment, or

revocation unless, within thirty (30) days from providing notice to

the Governor and the appropriate cabinet secretary, the agency

receives express written approval from the Governor or the cabinet

secretary. If the Governor or the cabinet secretary disapproves a

rule, the affected agency shall be notified in writing of the

reasons for disapproval. If, after thirty (30) days of providing

the notice to the Governor and the cabinet secretary, the agency has

not received an express written approval, the agency shall not

proceed with the rulemaking process.

B. The notice required by paragraph 1 of subsection A of this

section shall include, but not be limited to:

1. In simple language, a brief summary of the rule;

2. The proposed action being taken;

3. The circumstances which created the need for the rule;

4. The specific legal authority, including statutory citations,

authorizing the proposed rule;

5. The intended effect of the rule;

6. If the agency determines that the rule affects business

entities, a request that such entities provide the agency, within

the comment period, in dollar amounts if possible, the increase in

Oklahoma Statutes - Title 75. Statutes and Reports Page 60

the level of direct costs such as fees, and indirect costs such as

reporting, recordkeeping, equipment, construction, labor,

professional services, revenue loss, or other costs expected to be

incurred by a particular entity due to compliance with the proposed

rule;

7. The time when, the place where, and the manner in which

interested persons may present their views thereon pursuant to

paragraph 3 of subsection A of this section;

8. Whether or not the agency intends to issue a rule impact

statement according to subsection D of this section and where copies

of such impact statement may be obtained for review by the public;

9. The time when, the place where, and the manner in which

persons may demand a hearing on the proposed rule if the notice does

not already provide for a hearing. If the notice provides for a

hearing, the time and place of the hearing shall be specified in the

notice; and

10. Where copies of the proposed rules may be obtained for

review by the public. An agency may charge persons for the actual

cost of mailing a copy of the proposed rules to such persons.

The number of copies of such notice as specified by the

Secretary of State shall be submitted to the Secretary of State who

shall publish the notice in “The Oklahoma Register” pursuant to the

provisions of Section 255 of this title.

Prior to or within three (3) days after publication of the

notice in “The Oklahoma Register”, the agency shall cause a copy of

the notice of the proposed rule adoption and the rule impact

statement, if available, to be mailed to all persons who have made a

timely request of the agency for advance notice of its rulemaking

proceedings. Provided, in lieu of mailing copies, an agency may

electronically notify interested persons that a copy of the proposed

rule and the rule impact statement, if available, may be viewed on

the agency’s website. If an agency posts a copy of the proposed

rule and rule impact statement on its website, the agency shall not

charge persons for the cost of downloading or printing the proposed

rule or impact statement. Each agency shall maintain a listing of

persons or entities requesting such notice.

C. 1. If the published notice does not already provide for a

hearing, an agency shall schedule a hearing on a proposed rule if,

within thirty (30) days after the published notice of the proposed

rule adoption, a written request for a hearing is submitted by:

a. at least ten persons,

b. a political subdivision,

c. an agency, or

d. an association having not less than twenty-five

members.

At that hearing persons may present oral argument, data, and

views on the proposed rule.

Oklahoma Statutes - Title 75. Statutes and Reports Page 61

2. A hearing on a proposed rule may not be held earlier than

thirty (30) days after notice of the hearing is published pursuant

to subsection B of this section.

3. The provisions of this subsection shall not be construed to

prevent an agency from holding a hearing or hearings on the proposed

rule although not required by the provisions of this subsection;

provided, that notice of such hearing shall be published in “The

Oklahoma Register” at least thirty (30) days prior to such hearing.

D. 1. Except as otherwise provided in this subsection, an

agency shall issue a rule impact statement of a proposed rule prior

to or within fifteen (15) days after the date of publication of the

notice of proposed rule adoption. The rule impact statement may be

modified after any hearing or comment period afforded pursuant to

the provisions of this section.

2. Except as otherwise provided in this subsection, the rule

impact statement shall include, but not be limited to:

a. a brief description of the purpose of the proposed

rule,

b. a description of the classes of persons who most

likely will be affected by the proposed rule,

including classes that will bear the costs of the

proposed rule, and any information on cost impacts

received by the agency from any private or public

entities,

c. a description of the classes of persons who will

benefit from the proposed rule,

d. a description of the probable economic impact of the

proposed rule upon affected classes of persons or

political subdivisions, including a listing of all fee

changes and, whenever possible, a separate

justification for each fee change,

e. the probable costs and benefits to the agency and to

any other agency of the implementation and enforcement

of the proposed rule, the source of revenue to be used

for implementation and enforcement of the proposed

rule, and any anticipated effect on state revenues,

including a projected net loss or gain in such

revenues if it can be projected by the agency,

f. a determination of whether implementation of the

proposed rule will have an economic impact on any

political subdivisions or require their cooperation in

implementing or enforcing the rule,

g. a determination of whether implementation of the

proposed rule may have an adverse economic effect on

small business as provided by the Oklahoma Small

Business Regulatory Flexibility Act,

Oklahoma Statutes - Title 75. Statutes and Reports Page 62

h. an explanation of the measures the agency has taken to

minimize compliance costs and a determination of

whether there are less costly or nonregulatory methods

or less intrusive methods for achieving the purpose of

the proposed rule,

i. a determination of the effect of the proposed rule on

the public health, safety, and environment and, if the

proposed rule is designed to reduce significant risks

to the public health, safety, and environment, an

explanation of the nature of the risk and to what

extent the proposed rule will reduce the risk,

j. a determination of any detrimental effect on the

public health, safety, and environment if the proposed

rule is not implemented,

k. the date the rule impact statement was prepared and if

modified, the date modified;

l. an analysis of alternatives to adopting the rule;

m. estimates of the amount of time that would be spent by

state employees to develop the rule and of the amount

of other resources that would be utilized to develop

the rule; and

n. a summary and preliminary comparison of any existing

or proposed federal regulations that are intended to

address the activities to be regulated by the proposed

rule.

3. To the extent an agency for good cause finds the preparation

of a rule impact statement or the specified contents thereof are

unnecessary or contrary to the public interest in the process of

adopting a particular rule, the agency may request the Governor to

waive such requirement. Such request shall be in writing and shall

state the agency’s findings and the justification for such findings.

Upon request by an agency, the Governor may also waive the rule

impact statement requirements if the agency is required to implement

a statute or federal requirement that does not require an agency to

interpret or describe the requirements, such as federally mandated

provisions which afford the agency no discretion to consider less

restrictive alternatives. If the Governor fails to waive such

requirement, in writing, prior to publication of the notice of the

intended rulemaking action, the rule impact statement shall be

completed. The determination to waive the rule impact statement

shall not be subject to judicial review.

4. The rule shall not be invalidated on the grounds that the

contents of the rule impact statement are insufficient or

inaccurate.

E. Upon completing the requirements of this section, an agency

may adopt a proposed rule. No rule is valid unless adopted in

substantial compliance with the provisions of this section.

Oklahoma Statutes - Title 75. Statutes and Reports Page 63
Okla. Stat. tit. 75, § 75-31.5 — OK Code / Title 75 / Section 75-31.5
Authentication of official electronic record
Status: in_force

An official publisher of legal material in an electronic record

that is designated as official under Section 4 of this act shall

authenticate the record. To authenticate an electronic record, the

publisher shall provide a method for a user to determine that the

record received by the user from the publisher is unaltered from the

official record published by the publisher.
Okla. Stat. tit. 75, § 75-316 — OK Code / Title 75 / Section 75-316
Disqualification of hearing examiner or agency member
Status: in_force

A hearing examiner or agency member shall withdraw from any

individual proceeding in which he cannot accord a fair and impartial

hearing or consideration. Any party may request the

disqualification of a hearing examiner or agency member, on the

ground of his inability to give a fair and impartial hearing, by

filing an affidavit, promptly upon discovery of the alleged

disqualification, stating with particularity the grounds upon which

it is claimed that a fair and impartial hearing cannot be accorded.

The issue shall be determined promptly by the administrative head of

the agency, or, if it affects a member or members of the agency, by

the remaining members thereof, if a quorum. Upon the entry of an

Oklahoma Statutes - Title 75. Statutes and Reports Page 79

order of disqualification affecting a hearing examiner, the agency

shall assign another in his stead or shall conduct the hearing

itself. Upon the disqualification of a member of an agency, the

agency shall proceed with the proceeding if a quorum remains. If a

quorum no longer exists, by virtue of the member's disqualification,

the Governor immediately shall appoint a member pro tempore to sit

in place of the disqualified member in that proceeding. In further

action, after the disqualification of a member of an agency, the

provisions of Section 311 of this title shall apply.
Okla. Stat. tit. 75, § 75-312 — OK Code / Title 75 / Section 75-312
Final agency orders - Contents - Notification
Status: in_force

A. A final agency order adverse to a party shall:

1. Be in writing; and

2. Include findings of fact and conclusions of law, separately

stated. Findings of fact, if set forth in statutory language, shall

be accompanied by a concise and explicit statement of the underlying

facts supporting the findings. If, in accordance with agency rules,

a party submitted proposed findings of fact, the final agency order

shall include a ruling upon each proposed finding.

B. Parties shall be notified either personally or by certified

mail, return receipt requested, of any final agency order. Upon

request, a copy of the order shall be delivered or mailed forthwith

to each party and to his attorney of record.
Okla. Stat. tit. 75, § 75-193 — OK Code / Title 75 / Section 75-193
Renaming Title 3
Status: in_force

The publisher of the Oklahoma Statutes shall rename the existing

Title 3 of the Oklahoma Statutes as "Aerospace, Aircraft, and

Aviation Infrastructure". The renaming shall be reflected in all

versions of the Oklahoma Statutes and Supplement Volumes or other

publications produced related to the Oklahoma Statutes.
Okla. Stat. tit. 75, § 75-254 — OK Code / Title 75 / Section 75-254
Attestation of rules - Proof of publication - Copies -
Status: in_force

Preservation.

A. Prior to the submission to the Governor of emergency rules,

or prior to the transmission of a finally adopted rule to the

Secretary, the rulemaking authority or its designee shall attest:

1. To the correctness of copies of any rule and any amendment,

revision, or revocation thereof; and

2. That such rules were made and adopted if the rules are

emergency rules or finally adopted if the rules are permanent rules

in substantial compliance with the Administrative Procedures Act.

Such attested rules shall then be transmitted to the Secretary

or if the rules are emergency to the Governor's office, for filing

and publication pursuant to the Administrative Procedures Act.

B. Upon publication of such transmitted rules pursuant to

Section 255 of this title, the Secretary shall send proof of

publication to the agency submitting the rules for publication. The

agency submitting the rules shall make such rules available to the

public in accordance with the Open Records Act.

C. Copies of such rules shall be permanently preserved by the

Secretary.
Okla. Stat. tit. 75, § 75-308 — OK Code / Title 75 / Section 75-308
See the following versions:
Status: in_force

OS 75-308v1 (HB 2728, Laws 2025, c. 258, § 8)

OS 75-308v2 (SB 995, Laws 2025, c. 420, § 2)
Okla. Stat. tit. 75, § 75-250.7 — OK Code / Title 75 / Section 75-250.7
Conflicts between filed rules and published rules -
Status: in_force

Corrections of errors - Status of Code rules - Presumption of

compliance with act.

A. Prior to publication in the "Code" or any of its

supplements, in cases where there is a conflict between the finally

adopted rules filed with the Office pursuant to Section 251 of this

title and rules published in "The Oklahoma Register", the rules

published in "The Oklahoma Register" pursuant to Section 255 of this

title shall govern and shall constitute the official rule of the

agency. Except as provided in subsection C of this section,

permanent rules published in "The Oklahoma Register" shall be void

and of no effect upon publication of the next succeeding "Code" or

"Code" supplement, if not published in such "Code" or "Code"

supplement.

B. The Secretary is authorized to establish procedures for

correcting spelling errors in:

1. The finally adopted rules of any agency or any document

submitted for publication in "The Oklahoma Register" or the "Code";

or

2. Any rules or other document published in "The Oklahoma

Register".

C. Rules published in the "Code" and in the supplements

thereto, and permanent rules published in "The Oklahoma Register"

after the closing date for publication in the last preceding "Code"

or "Code" supplement, as announced by the Secretary, but prior to

Oklahoma Statutes - Title 75. Statutes and Reports Page 34

publication of the next succeeding "Code" or "Code" supplement,

shall constitute the official permanent rules of the state.

D. For any rule published in the "Code" or the supplements

thereto, there shall be a rebuttable presumption that such rule has

been promulgated in compliance with the Administrative Procedures

Act.
Okla. Stat. tit. 75, § 75-256.3 — OK Code / Title 75 / Section 75-256.3
Fees for copying, reproducing or certifying records
Status: in_force

The Office of Administrative Rules shall charge the public for

the costs of copying, reproducing or certifying records of the

Office of Administrative Rules pursuant to Section 24A.5 of Title 51

of the Oklahoma Statutes.
Okla. Stat. tit. 75, § 75-308v1 — OK Code / Title 75 / Section 75-308v1
Review of proposed rules by Legislature - Approval or
Status: in_force

disapproval.

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 February 1, the

Legislature shall have until the last day of the regular legislative

session of that year to review such rules; 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 rules.

B. By the adoption of 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.

C. Unless otherwise authorized by the Legislature, whenever a

rule is disapproved as provided in subsection B of this section, the

Oklahoma Statutes - Title 75. Statutes and Reports Page 68

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 of State for publication

in “The Oklahoma Register”.

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

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 contain no other provisions.

E. A proposed permanent rule shall 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 Oklahoma

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. 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.

Provided, major rules shall be addressed in one or more joint

resolutions only addressing major rules, regardless of if the joint

resolution is to approve or disapprove such rules.

F. Prior to final adoption of a rule, 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 of

State for publication in “The Oklahoma 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.

Oklahoma Statutes - Title 75. Statutes and Reports Page 69
Okla. Stat. tit. 75, § 75-309 — OK Code / Title 75 / Section 75-309
Individual proceedings - Notice - Hearing
Status: in_force

A. In an individual proceeding, all parties shall be afforded

an opportunity for hearing after reasonable notice.

B. The notice shall include:

1. A statement of the time, place and nature of the hearing;

2. A statement of the legal authority and jurisdiction under

which the hearing is to be held;

3. A reference to the particular sections of the statutes and

rules involved; and

4. A short and plain statement of the matters asserted. If the

agency or other party is unable to state the matters in detail at

the time the notice is served, the initial notice may be limited to

a statement of the issues involved. Thereafter upon application a

more definite and detailed statement shall be furnished.

C. Opportunity shall be afforded all parties to respond and

present evidence and argument on all issues involved.

D. Deliberations by administrative heads, hearing examiners,

and other persons authorized by law may be held in executive session

pursuant to paragraph 8 of subsection B of Section 307 of Title 25

of the Oklahoma Statutes.

E. Unless precluded by law, informal disposition may be made of

any individual proceeding by stipulation, agreed settlement, consent

order, or default.

F. The record in an individual proceeding shall include:

1. All pleadings, motions and intermediate rulings;

2. Evidence received or considered at the individual

proceeding;

3. A statement of matters officially noticed;

4. Questions and offers of proof, objections, and rulings

thereon;

5. Proposed findings and exceptions;

6. Any decision, opinion, or report by the officer presiding at

the hearing; and

7. All other evidence or data submitted to the hearing examiner

or administrative head in connection with their consideration of the

case provided all parties have had access to such evidence.

G. Oral proceedings shall be electronically recorded. Such

recordings shall be maintained for such time so as to protect the

record through judicial review. Copies of the recordings shall be

provided by the agency at the request of any party to the

proceeding. Costs of transcription of the recordings shall be borne

by the party requesting the transcription. For judicial review,

electronic recordings of an individual proceeding, as certified by

the agency, may be submitted to the reviewing court by the agency as

Oklahoma Statutes - Title 75. Statutes and Reports Page 72

part of the record of the proceedings under review without

transcription unless otherwise required to be transcribed by the

reviewing court. In such case, the expense of transcriptions shall

be taxed and assessed against the nonprevailing party. Parties to

any proceeding may have the proceedings transcribed by a court

reporter at their own expense.

H. Findings of fact shall be based exclusively on the evidence

received and on matters officially noticed in the individual

proceeding unless otherwise agreed upon by the parties on the

record.
Okla. Stat. tit. 75, § 75-313 — OK Code / Title 75 / Section 75-313
Agency members not to communicate
Status: in_force

Unless required for the disposition of ex parte matters

authorized by law, members or employees of an agency assigned to

render a decision or to make findings of fact and conclusions of law

in an individual proceeding shall not communicate, directly or

indirectly, in connection with any issue of fact, with any person or

party, nor, in connection with any issue of law, with any party or

his representative, except upon notice and opportunity for all

parties to participate. An agency member (1) may communicate with

other members of the agency, and (2) may have the aid and advice of

one or more personal assistants.
Okla. Stat. tit. 75, § 75-250.4a — OK Code / Title 75 / Section 75-250.4a
Exempt rules to be made for public inspection
Status: in_force

Any agency exempt from all or part of the Administrative

Procedures Act pursuant to subsection A of Section 250.4 of this

title shall maintain and make available for public inspection its

exempt rules at its principal place of business and on any website

associated with the agency.
Okla. Stat. tit. 75, § 75-308.1 — OK Code / Title 75 / Section 75-308.1
Adoption of rule upon approval by Legislature and
Status: in_force

Governor - Submission for publication.

A. Upon final adoption, the agency shall submit the rule to the

Secretary for filing and publishing such rule pursuant to Sections

251 and 255 of this title.

B. The text of the rule submitted for publication shall be the

same as the text of the rule that has been finally adopted.
Okla. Stat. tit. 75, § 75-25 — OK Code / Title 75 / Section 75-25
Emergency laws - Distribution to court clerks as soon as
Status: in_force

possible.

It shall be the duty of the Secretary of State, as soon as

possible after receipt by his or her office of any act or

resolution, any Civil Probate or Criminal Procedure Act passed by

the Oklahoma Legislature as an emergency measure, to provide access

by the United States mail, facsimile, or electronic mail

transmission to the court clerk of each county of this state a copy

of such act or resolution.
Okla. Stat. tit. 75, § 75-308v2 — OK Code / Title 75 / Section 75-308v2
Review of proposed rules by Legislature - Approval or
Status: in_force

disapproval.

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. Provided, proposed

permanent rules for consideration by the 2nd Session of the 59th

Legislature shall be submitted on or before March 1. For each

legislative session thereafter, proposed permanent rules shall be

submitted on or before February 1 of the given 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 rules.

B. By the adoption of 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

Oklahoma Statutes - Title 75. Statutes and Reports Page 70

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”.

D. Unless otherwise provided by specific vote of the

Legislature, joint resolutions introduced for purposes of

disapproving or approving a rule 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 contain no other provisions.

E. A proposed permanent rule shall only be deemed finally

adopted if:

1. 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

2. Disapproved by a joint resolution pursuant to subsection B

of this section 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.

F. Prior to final adoption of a rule, 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 Oklahoma 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.
Okla. Stat. tit. 75, § 75-308.2 — OK Code / Title 75 / Section 75-308.2
Rules - Necessity of promulgation - Interpretations not
Status: in_force

to change - Prospective effect only - Limitation period on contest

proceedings - Force of law and prima facie evidence.

A. No agency rule is valid or effective against any person or

party, or may be invoked by the agency for any purpose, until it has

been promulgated as required in the Administrative Procedures Act.

B. A proceeding to contest any promulgated rule on the ground

of noncompliance with the procedural requirements of Article I of

the Administrative Procedures Act must be commenced within two (2)

years from the effective date of the promulgated rule.

C. Rules shall be valid and binding on persons they affect, and

shall have the force of law unless amended or revised or unless a

court of competent jurisdiction determines otherwise. Except as

otherwise provided by law, rules shall be prima facie evidence of

the proper interpretation of the matter to which they refer.
Okla. Stat. tit. 75, § 75-26.2 — OK Code / Title 75 / Section 75-26.2
Opinions and instructions to be distributed by State
Status: in_force

Auditor and Inspector.

The State Auditor and Inspector, as soon as practicable after

the receipt of any opinion of the Attorney General addressed to the

State Auditor and Inspector, shall mail a copy thereof together with

any applicable instructions to such governing boards or other

officers on their request or if they may be affected by such

opinion; and the State Auditor and Inspector may cause the

publication and distribution of any official opinions of the

Attorney General.
Okla. Stat. tit. 75, § 75-26.12 — OK Code / Title 75 / Section 75-26.12
Manner and place of filing
Status: in_force

Senate bills and resolutions may be prefiled with the Secretary

of the Senate; House of Representatives bills and resolutions may be

prefiled with the Chief Clerk of the House of Representatives.

Bills and resolutions are prefiled when delivered in person by the

author or principal author thereof or mailed to the appropriate

legislative official as provided herein; provided, however, the

electronic transmission of bills and resolutions, including, but not

limited to electronic mailing, by the author or author’s designee

shall satisfy the requirements of this section.
Okla. Stat. tit. 75, § 75-250.9 — OK Code / Title 75 / Section 75-250.9
Transfer of powers, duties and responsibilities of
Status: in_force

Director of Department of Libraries relating to publication of The

Oklahoma Register and Administrative Code to Secretary of State.

A. There is hereby established an Office of Administrative

Rules within the Office of the Secretary of State. The Office of

Administrative Rules shall have the primary responsibility for

publishing "The Oklahoma Register" and the "Oklahoma Administrative

Code" and otherwise implementing the provisions of Article I of the

Administrative Procedures Act. The Secretary of State shall provide

for the adequate staffing of the Office to implement the provisions

of this section including but not limited to an editor in chief.

B. The Secretary shall cause to be published in electronic

form, and may cause to be published in printed form, at the least

cost possible to the state, the "Oklahoma Administrative Code" and

"The Oklahoma Register". In the event of any discrepancy between

the electronic and printed form of the Code or "The Oklahoma

Register", the electronic form shall prevail unless it is

conclusively shown, by reference to the rulemaking filings made with

Oklahoma Statutes - Title 75. Statutes and Reports Page 35

the Secretary, that the electronic form contains an error in

publication.
Okla. Stat. tit. 75, § 75-23.1 — OK Code / Title 75 / Section 75-23.1
Merging different versions of statute
Status: in_force

Except as otherwise provided by specific vote of the

Legislature, a bill introduced for purposes of incorporating and

merging different versions of a statute amended in more than one

measure at the same or different sessions of the Legislature, which

do not purport to amend other enacted versions of the same statute

shall not be subject to regular legislative cutoff dates, shall be

limited to such provisions as may be necessary for the purpose of

incorporating and merging such versions of the same statute, and

shall contain no other provisions.
Okla. Stat. tit. 75, § 75-250.5 — OK Code / Title 75 / Section 75-250.5
Act not to apply to certain governments, authorities,
Status: in_force

etc.

This act shall not apply to municipalities, counties, school

districts, and other agencies of local government; nor to

specialized agencies, authorities, and entities created by the

legislature, performing essentially local functions, such as, but

not limited to, Urban Renewal Authorities, Port Authorities, City

and City-County Planning Commissions, Conservancy and other

Districts, and public trusts having a municipality or county, or

agency thereof, as beneficiary; but this act shall apply to public

trusts having the state, or any department or agency thereof, as

beneficiary.
Okla. Stat. tit. 75, § 75-323 — OK Code / Title 75 / Section 75-323
Review of final judgment of a district or superior court
Status: in_force

by appeal to Supreme Court.

An aggrieved party, or the agency, without any motion for a new

trial, may secure a review of any final judgment of a district or

superior court under this act by appeal to the Supreme Court. Such

appeal shall be taken in the manner and time provided by law for

appeal to the Supreme Court from the district court in civil

actions. An agency taking an appeal shall not be required to give

bond.
Okla. Stat. tit. 75, § 75-306 — OK Code / Title 75 / Section 75-306
Validity or applicability of rules - Action - Parties -
Status: in_force

Presumption of validity - Burden of proof when rule appealed -

Declaratory judgment.

A. The validity or applicability of a rule may be determined in

an action for declaratory judgment in the district court of the

county of the residence of the person seeking relief or, at the

option of such person, in the county wherein the rule is sought to

be applied, if it is alleged the rule, or its threatened

application, interferes with or impairs, or threatens to interfere

with or impair, the legal rights or privileges of the plaintiff.

B. The agency shall be made a party to the action.

C. Rules promulgated pursuant to the provisions of the

Administrative Procedures Act are presumed to be valid until

declared otherwise by a district court of this state or the Supreme

Court. When a rule is appealed pursuant to the Administrative

Procedures Act it shall be the duty of the promulgating agency to

show and bear the burden of proof to show:

1. that the agency possessed the authority to promulgate the

rule;

2. that the rule is consistent with any statute authorizing or

controlling its issuance and does not exceed statutory authority;

3. that the rule is not violative of any other applicable

statute or the Constitution; and

4. that the laws and administrative rules relating to the

adoption, review and promulgation of such rules were faithfully

followed.

The provisions of this subsection shall not be construed to

impair the power and duty of the Attorney General to review such

rules and regulations and issue advisory opinions thereon.

D. A declaratory judgment may be rendered whether or not the

plaintiff has requested the agency to pass upon the validity or

applicability of the rule in question.
Okla. Stat. tit. 75, § 75-26.1 — OK Code / Title 75 / Section 75-26.1
Duty of Attorney General to construe certain acts upon
Status: in_force

request - Blank forms.

It shall be the duty of the Attorney General after each session

of the Legislature, upon request of the State Auditor and Inspector,

or a member of the Legislature, officially to construe any act

enacted by said session of the Legislature affecting the authority

and duties of officers and departments of the state, the several

counties, cities and towns, or school districts; and, when requested

by the State Auditor and Inspector, the Attorney General shall

assist the State Auditor and Inspector in the preparation of blank

forms required for the administration of said acts and instructions

for the administration and enforcement thereof.
Okla. Stat. tit. 75, § 75-314.1 — OK Code / Title 75 / Section 75-314.1
Implementation of emergency action pending final outcome
Status: in_force

of proceedings.

As authorized by or pursuant to law, if an agency finds that the

public health, safety, or welfare imperatively requires emergency

action, has promulgated administrative rules which provide for such

action and incorporates a finding regarding the emergency in its

order, emergency actions may be ordered pending the final outcome of

proceedings instituted pursuant to this article.
Okla. Stat. tit. 75, § 75-131 — OK Code / Title 75 / Section 75-131
Executed
Status: in_force

Oklahoma Statutes - Title 75. Statutes and Reports Page 18