Oklahoma “Big SIP” Submitted to EPA February 14, 2002

Section I

Tab Page1

Legal Authority ............................................................... 1

OK Administrative Procedures .................................................. 69

Introduction ........................................................... 71

Administrative Rules on Rulemaking ....................................... 93

Certification of Public Hearings .......................................... 159 to 170

1

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Page 1

Legal Authority
Legal Authority 

Upon recommendation of the Air Quality Advisory Council (Council), the Environmental 

Quality Board (Board) has the authority under Oklahoma law to adopt air quality 

regulations for the Oklahoma Department of Environmental Quality (DEQ). The DEQ 

has the authority under Oklahoma law to enforce those regulations and orders of the , 

DEQ, to maintain and update an inventory of air emissions from stationary sources, to 

establish a permitting program, and to cany out all other duties, requirements and 

responsibilities necessary and proper for the implementation of the Oklahoma Clean Air 

Act and the llfillment of the requirements of the Federal Clean Air Act. Specifically, the 

Board and the DEQ have the existing authority to: 

- Adopt emission standards and regulations to implement the Oklahoma Clean Air Act 

and fulfill requirements of the Federal Clean Air Act [27A O.S. $ 2-5-106, 27A O.S. 

$ 2-5-107.1 and 27A O.S. $2-5-1 141; 

Enforce the relevant laws, regulations, standards, orders and compliance schedules 

authorized by the Oklahoma Clean Air Act [27A O.S. $2-5-105.4 and 27A O.S. $2- 

5-1 10.A], and seek injunctive relief when necessary [27A O.S. $ 2-5-105.14.1; 

Abate pollutant emissions on evidence that the source is presenting an immediate, 

imminent and substantial endangerment to human health [27A O.S. $ 2-5-1 05.15.1; 

Prevent construction, modification, or operation of a source in violation of the 

requirement to have a permit, or in violation of any substantive provision or condition 

of any permit issued pursuant to the Oklahoma Clean Air Act [27A O.S. $ 2-5- 

1 17.A.2.1; 
Obtain information necessary to determine compliance [27A O.S. 8 2-5-1 05.181; 

Require recordkeeping, make inspections, and conduct tests [27A O.S. 8 2-5-105.17 

and 27A O.S. 2-5-105.181; 

Require the installation, maintenance and use of monitors and require emission 

reports of owners or operators [27A O.S. 8 2-5-1 12.B.51; and 

I 

Make emission data available to the public [5 1 O.S. $8 24A. 1 through 24A.261. 

The laws that give the Council, Board and DEQ these authorities are located in title 27A 

of the Oklahoma Statutes at sections 2-2-1 01,2-5-105, -1 06, -1 07, -108, -1 10, -1 12, -1 14, 

and -1 17. In addition, portions of the Oklahoma Open Records Act, 5 1 Okla. Stat. § § 

24A. 1 through 24A.26, requires records of State agencies to be open for public inspection 

and copying. (A copy of all Oklahoma statutes cited herein is attached.) 

The legal authorities cited above were all in effect on the date of the submission of this 

revision to the State Implementation Plan. 
OK ST T. 27A 8 2-2-201, Advisory councils Page 1 

OKLAHOMA STATUTES ANNOTATED 

TITLE 27A. ENVIRONMENT AND NATURAL RESOURCES 

CHAPTER 2. OKLAHOMA ENVIRONMENTAL QUALITY CODE 

ARTICLE 11. ENVIRONMENTAL QUALITY BOARD AND 

COUNCILS 

PART 2. COUNCILS 

Current through Chapter 9 of2000 1st Ex. Sess. I 

tj 2-2-201. Advisory councils 

A. There are hereby created: 

1. The Water Quality Management Advisory Council; 

2. The Hazardous Waste Management Advisory Council; 

3. The Solid Waste Management Advisory Council; 

4. The Radiation Management Advisory Council; and 

5. The Laboratory Services Advisory Council. 

B. 1. Each Council created pursuant to subsection A of this section shall consist of nine (9) 

members. Three members shall be appointed by the Governor, three members shall be appointed by the 

Speaker of the House of Representatives and three members shall be appointed by the President Pro 

Tempore of the Senate. The initial appointments for each gubernatorial and legislative member shall be' 

for progressive terms of one (1) through three (3) years so that only one term expires each calendar year; ,-,' 

subsequent appointments shall be for three-year terms. Members of the Advisory Councils shall serve at 

the pleasure of and may be removed from office by the appointing authority. Members shall continue to 

serve until their successors are appointed. Any vacancy shall be filled in the same manner as the original 

appointments. Five members shall constitute a quorum. 

2. Each Council shall elect a chair and a vice-chair from among its members. Each Council shall 

meet as required for rule development, review and recommendation and for such other purposes specified 

by law. Special meetings may be called by the chair or by the concurrence of any three (3) members. 

C. 1. All members of the Water Quality Management Advisory Council shall be knowledgeable of 

water quality and of the environment. The Council shall be composed as follows: 

a. the Governor shall appoint three members as follows: 

(1) one member representing the field of engineering, 

(2) one member representing a statewide nonprofit environmental 

organization, and 

*37976 (3) one member representing the general public, 

b. the President Pro Tempore of the Senate shall appoint three members as follows: 

(1) one member representing an industry located in this state, 

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(2) one member representing an oil field-related industry, and - 

(3) one member representing the field of geology, and 

c. the Speaker of the House of Representatives shall appoint three members as 

follows: 

(1) one member representing a political subdivision of the state who shall 

be a member of the local governmental body of a city or town, 

(2) one member representing a rural water district organized pursuant to the 

laws of this state, and 

(3) one member representing the field of agriculture. 

2. The juriqictional areas of the Water Quality Management Advisory Council shall include 

Article VI of this chapter, [FNl] water quality and protection and related activities and such other areas as 

designated by the Board. 

D. 1. All members of the Hazardous Waste ~ana~ement Advisory Council shall be knowledgeable 

of hazardous waste and of the environment. The Council shall be composed as follows: 

a. the Governor shall appoint three members as follows: 

(1) one member representing an industry located in this state, 

(2) one member representing a statewide nonprofit environmental 

organization, and 

(3) one member representing a political subdivision of the state who shall 

be a member of the local governing body of a city or town, 

b. the President Pro Tempore of the Senate shall appoint three members as follows: 

(1) one member representing a political subdivision of the state who shall 9 

be a member of the local governmental body of a city or town, 

(2) one member representing the general public, and 

(3) one member representing industry generating hazardous waste, and 

c. the Speaker of the House of Representatives shall appoint three members as 

follows: 

(1) one member representing the field of engineering, 

(2) one member representing the hazardous waste industry, and 

(3) one member representing the field of geology. 

"37977 2. The jurisdictional areas of the Hazardous Waste Management Advisory Council shall 

include Article VII of this chapter, m2] the Oklahoma Hazardous Waste Reduction Program, and such 

other areas as designated by the Board. 

E. 1. All members of the Solid Waste Management Advisory Council shall be knowledgeable of 

solid waste and of the environment. The Council shall be composed as follows: 

a. the Governor shall appoint three members as follows: 

(1) one member representing a statewide nonprofit environmental 

organization, 

(2) one member shall be a county commissioner, and 

(3) one member representing the general public, 

b. the President Pro Tempore of the Senate shall appoint three members as follows: 

(1) one member representing an industry located in this state generating 

solid waste, -. 

(2) one member representing a political subdivision of this state who shall 

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m be a member of the local governmental body of a city or town, and 

(3) one member representing the field of geology, and 

c. the Speaker of the House of Representatives shall appoint three members as 

follows: 

(1) one member representing the solid waste disposal industry in this state, 

(2) one member representing the field of engineering, and 

(3) one member representing the transportation industry. 

2. The jurisdictional areas of the Solid Waste Management Advisory Council shall include Article 

X of this chapter, [FN3] the Oklahoma Waste Tire Recycling Act [FN4] and such other areas as 

designated by the Bo,ard. 

F. 1. All members of the Radiation Management Advisory Council shall be knowledgeable of 

radiation hazards and radiation protection. The Council shall be composed as follows: 

a. the Governor shall appoint three members as follows: 

(1) one member representing an industry located in this state which uses 

sources of radiation in its manufacturing or processing business, 

(2) one member representing a statewide nonprofit environmental 

organization, and 

(3) one member representing the engineering profession who shall be a 

professional engineer employed and experienced in matters of radiation 

management and protection, 

b. the President Pro Tempore of the Senate shall appoint three members as follows: 

*37978 (1) one member represent'ing the faculty of an institution of higher 

learning of university status and shall be experienced in matters of 

scientific knowledge and competent in matters of radiation management 

and protection, 

(2) one member representing the general public, and 

(3) one member representing the field of industrial radiography, and 

c. the Speaker of the House of Representatives shall appoint three members as 

follows: 

(1) one member representing the transportation industry, 

(2) one member representing the petroleum industry who is trained and 

experienced in radiation management and protection, and 

(3) one member representing a medical institution within this state who 

shall be experienced in matters of radiation management and protection. 

2. The jurisdictional areas of the Radiation Management Advisory Council shall include Article IX 

of this chapter [FN5] and such other areas as designated by the Board. 

G. 1. All members of the Laboratory Services Advisory Council shall be knowledgeable of 

laboratory services and certification standards. The Council shall be composed as follows: 

a. the Governor shall appoint three members as follows: 

(1) one member representing a private laboratory within the state certified 

by the Department, 

(2) one member representing the field of hydro-geology, and 

(3) one member representing permit holders required to routinely submit 

laboratory analyses results to the Department, 

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b. the President Pro Tempore of the Senate shall appoint three members as follows: ~4 

(1) one member representing a private laboratory within the state certified 

by the Department, 

(2) one member representing a public laboratory within the state certified 

by the Department, and 

(3) one member representing the field of microbiology, and 

c. the Speaker of the House of Representatives shall appoint three members as 

follows: 

(1) one member representing a private laboratory within the state certified 

by the Department, 

(2) one member representing permit holders required to routinely submit < laboratory analyses results to the Department, and 

(3) one member representing the field of environmental chemistry. 

2. The jurisdictional areas of the Laboratory Services Advisory Council shall include Article IV of 

this chapter [FN6] and such other areas designated by the Board. 

"37979 H. 1. The Air Quality Council created pursuant to Section 6, Chapter 215, O.S.L. 1992 (63 

O.S. Supp. 1992, Section 1-1807.1) shall remain in effect as the Air Quality Advisory Council and cany 

on the powers and duties assigned to it by law. The current members of the Air Quality Council shall 

remain on the Council until the expiration of their individual terms of office or until such offices are 

vacated. Future appointments to the Council shall be made according to the provisions of this section. 

2. The Council shall consist of nine (9) members who shall be residents of this state and appointed 

by the Governor with the advice and consent of the Senate. -% 

3. Members of the Council shall have the qualifications as follows: 

a. one member shall be selected fiom the engineering profession, and, as such, 

shall be a professional engineer and experienced in matters of air pollution 

equipment and control, who shall not be an employee of any unit of government, 

b. one member shall be selected from industry in general, and, as such, shall be 

employed as a manufacturing executive carrying on a manufacturing business 

within this state, 

c. one member shall be selected fiom a faculty of an institution of higher learning 

of university status and shall be experienced in matters of scientific knowledge and 

competent in matters of air pollution control and evaluation, 

d. one member shall be selected from the transportation industry, 

e. one member shall be selected from the petroleum industry, and, as such, shall be 

employed by a petroleum company carrying on a petroleum refining business 

within the state, and, as such, shall be trained and experienced in matters of 

scientific knowledge of causes as well as effects of air pollution, 

f. one member shall be selected from agriculture, and, as' such, shall be engaged in 

or employed by a basic agricultural business or the processing of agricultural 

products, 

g. one member shall be selected from the political subdivisions of the state, and, as 

such, shall be a member of the local government body of a city or town, 

h. one member, whose first term shall expire on June 15, 1998, shall be selected 

from the general public, and 9. 

i. one member, whose first term shall expire on June 15, 1999, shall be selected 

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OK ST T. 27A $2-2-201, Advisory councils Page 5 

from the electric utilities industry, and as such, shall be knowledgeable in matters 

of air pollution and control. 

4. Each member shall be appointed to serve a term of office of seven (7) years, except that the term 

of those first appointed shall expire as follows: 

One at the end of one (1) year after date of appointment; 

One at the end of two (2) years after date of appointment; 

One at the end of three (3) years after date of appointment; 

*37980 One at the end of four (4) years after date of appointment; 

, One at the end of five (5) years after date of appointment; 

One at the end of six (6) years after date of appointment; and 

One at the end of seven (7) years after date of appointment; 

The terms of all members shall be deemed to have expired on June 15th of the year of expiration, 

and shall continue until successors have been duly appointed and qualified. If a vacancy occurs, the 

Governor shall appoint a person for the remaining portion of the unexpired term created by the vacancy. 

Five members of the Council shall constitute a quorum. 

5. The Council shall hold at least two regular meetings each calendar year at a place and time to be 

fixed by the Council. The Council shall select one of its members to serve as chair and another of its 

members to serve as vice-chair at the first regular meeting in each calendar year to serve as the chair and 

vice-chair for the ensuing year. Special meetings may be called, and any meeting may be canceled, by the 

chair, or by three members of the Council by delivery of written notice to each member of the Council. 

F 

6. The jurisdictional areas of the Air Quality Council shall include Article V of this chapter m7] 

and such other areas as designated by the Board. 

I. In addition to other powers and duties assigned to each Council pursuant to this Code, [FN8] 

each Council shall, within its jurisdictional area: 

1. Have authority to recommend to the Board rules on behalf of the Department. The Department 

shall not have standing to recommend to the Board permanent rules or changes to such rules within the 

jurisdiction of a Council which have not previously been submitted to the appropriate Council for action; 

2. Before recommending any permanent rules to the Board, give public notice, offer opportunity 

for public comment and conduct a public rulemaking hearing when required by the Administrative 

Procedures Act; [FN9] 

3. Have the authority to make written recommendations to the Board which have been concurred 

upon by at least a majority of the membership of the Council; 

4. Have the authority to provide a public forum for the discussion of issues it considers relevant to 

its area of jurisdiction, and to: 

*37981 a. pass nonbinding resolutions expressing the sense of the Council, and 

b. make recommendations to the Board or Department concerning the need and the 

desirability of conducting meetings, workshops and seminars; and 

5. Cooperate with each other Council, the public, the Board and, the Executive Director in order to 

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OK ST T. 27A 5 2-2-201, Advisory councils Page 6 

coordinate the rules within their respective jurisdictional areas and to achieve maximum efficiency and - 

effectiveness in furthering the objectives of the Department. . 

J. The Councils shall not recommend rules for promulgation by the Environmental Quality Board 

unless all applicable requirements of the Administrative Procedures Act have been followed, including but 

not limited to notice, rule impact statement and rule-making hearings. 

K. Members of the Councils shall serve without compensation but may be reimbursed expenses 

incurred in the performance of their duties, as provided in the State Travel Reimbursement Act. [FNlO] 

The Councils are authorized to utiliz the conference rooms of the Department of Environmental Quality 

and obtain administrative assistance from the Department, as required. 

1997 Main Volume 

Laws 1992, c. 398, J 10, efl Jan. 1, 1993. Renumberedfiom Title 2 7A, J 10 by Laws 1993, c. 145, J 359, efl July 1, 1993 and 

amended by Laws 1993, c. 145, J 15, eemerg. e# June 7, 1993. Laws 1995, c. 80, J I, efl July 1, 1995. 

[FNI] Title 27A, $ 2-6-101 et seq. 

[FN2] Title 27A, $ 2-7-101 et seq. 

[FN3] Title 27A, $2-1 0-1 01 et seq. 

[FN4] Title 27A, $ 2-1 1-401 et seq. 

[FN5] Title 27A. $ 2-9-101 et seq. 

[FN6] Title 27A, 6 2-4-101 et seq. 

[FN7] Title 27A, $ 2-5-1 0 1 et seq. 

p8] Title 27A. $ 2-1-101 et seq. 

p9] Title 75, 4 250 et seq. 

WIO] Title 74, $ 500.1 et seq. 

<General Materials (GM) - References, Annotations, or Tables> 

HISTORICAL NOTES 

HISTORICAL AND STATUTORY NOTES 

1997 Main Volume 

The 1993 amendment, in subsection A, in the introductory paragraph, substituted "There are" for "Effective January 1, 

1993, there is", in paragraph 2 substituted "Hazardous" for "Controlled Industrial1', and added paragraphs 4 and 5; in subsection 

B, in paragraph 1, in the first sentence, inserted "created pursuant to subsection A of this section", in paragraph 2, in the first 

sentence substituted "chair" and "vice-chair" for "chairman" and "vice-chairman" and deleted "and establish its methods of 

procedure" from the end, in the second sentence added ", review and recommendation and for such other purposes specified by 

law", and in the third sentence substituted "chair" for "chairman", and deleted paragraph 3, which read: 

*37982 "Members of the Councils shall serve without compensation but may be reimbursed expenses incurred in the -. 

performance of their duties, as provided in the State Travel Reimbursement Act. The Councils are authorized to utilize the 

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OK ST T. 27A 8 2-2-201, Advisory councils Page 7 

F conference rooms of the Department of Environmental Quality and obtain administrative assistance from the Department, as 

required." 

; inserted subsection C.2; inserted the designation for subsection D.1; in subsection D.l, substituted "hazardous" for 

"controlled industrial" throughout; added subsection D.2; inserted the designation for subsection E.1; in subsection E, in 

paragraph l.c.(3), substituted "the transportation industry" for "an industry located in this state generating solid waste", and 

added paragraph 2; inserted subsections F and G; redesignated former subsection D as subsection H. I and rewrote subsection 

H. I, which prior thereto read: 

"The Air Quality Council created pursuant to Section 1-1 802 of Title 63 of the Oklahoma Statutes shall remain in effect 

and carry on the powers and duties assigned to it by law, provided however, the Council shall make all recommendations to the 

Environmental Quality Board and obtain administrative assistance from the Department of Environmental Quality. The current 

membership of the Air Quality Council shall remain on the Council until the expiration of their terms of office. Future 

appointments to the Cou?cil shall be made according to the provisions of Section 1-1802 of Title 63 of the Oklahoma Statutes. 

Between January 1, 1993, and July 1, 1993, the Air Quality Council shall provide for assistance to the Oklahoma State Board of 

Health and the Oklahoma State Department of Health, pursuant to its existing statutory duties and to the Environmental Quality 

Board for promulgation of rules pursuant to the provisions of the Oklahoma Environmental Quality Act." 

; added subsections H.2 to H.6; redesignated former subsection E & subsection I and rewrote subsection I, which prior thereto 

read: 

"Each Council shall have sole authority to recommend, as applicable, to the Board rules on behalf of the Department 

within their jurisdictional areas insofar as such matters are within the jurisdiction of the Department of Environmental Quality 

pursuant to the Oklahoma Environmental Quality Act. The Department shall not have standing to recommend rules or changes to 

rules submitted to the Board by the various advisory councils." 

; and added subsections J and K. 

Section 59 of Laws 1993, c. 324 provides: 

"Sections 15 [amending this section], 277 and 349 of Enrolled House Bill No. 1002 [c. 1451 of the 1st Session of the 

44th Oklahoma Legislature shall be effective upon the passage of this act." 

*37983 Laws 1993, c. 324, an emergency act, was approved by the Governor June 7,1993. 

The 1995 amendment, in subsection B.l, inserted the fourth sentence. 

REFERENCES 

CROSS REFERENCES 

Advisory council for waterworks and wastewater works, performance of duties as specified in this section, see Title 59, { 1103. 

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OK ST T. 27A § 2-5-105, Administrative agency--Powers and duties Page 1 

OKLAHOMA STATUTES ANNOTATED 

TITLE 27A. ENVIRONMENT AND NATURAL RESOURCES 

CHAPTER 2. OKLAHOMA ENVIRONMENTAL QUALITY CODE 

ARTICLE V. OKLAHOMA CLEAN AIR ACT 

Current through Chapter 9 of 2000 1st Ex. Sess. 

5 2-5-105. Administrative agency--Powers and duties I 

The Department of Environmental Quality is hereby designated the administrative agency for the 

Oklahoma Clean Air Act [FN I] for the state. The Department is empowered to: 

1. Establish, in accordance with its provisions, those programs specified elsewhere in the 

Oklahoma Clean Air Act; 

2. Establish, in accordance with the Oklahoma Clean Air Act, a permitting program for the state 

which will contain the flexible source operation provisions required by Section 502(b)(10) of the Federal 

Clean Air Act Amendments of 1990; [FN2] 

3. Prepare and develop a general plan for proper air quality management in the state in accordance 

with the Oklahoma Clean Air Act; 

P 

4. Enforce rules of the Board and orders of the Department and the Council; 

5. Advise, consult and cooperate with other agencies of the state, towns, cities and counties, 

industries, other states and the federal government, and with affected groups in the prevention and control 

of new and existing air contamination sources within the state; 

6. Encourage and conduct studies, seminars, workshops, investigations and research relating to air 

pollution and its causes, effects, prevention, control and abatement; 

7. Collect and disseminate information relating to air pollution, its prevention and control; 

8. Encourage voluntary cooperation by persons, towns, cities and counties, or other affected 

groups in restoring and preserving a reasonable degree of purity of air within the state; 

9. Represent the State of Oklahoma in any and all matters pertaining to plans, procedures or 

negotiations for the interstate compacts in relation to the control of air pollution; 

10. Provide such technical, scientific or other services, including laboratory and other facilities, as 

may be required for the purpose of carrying out the provisions of the Oklahoma Clean Air Act, from funds 

available for such purposes; 

"38059 11. Employ and compensate, within funds available therefor, such consultants and - technical assistants and such other employees on a full- or part-time basis as may be necessary to carry out 

the provisions of the Oklahoma Clean Air Act and prescribe their powers and duties; 

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12. Accept and administer grants or other funds or gifts for the purpose of carrying out any of the -! 

functions of the Oklahoma Clean Air Act; 

13. Budget and receive duly appropriated monies and all other monies available for expenditures to 

carry out the provisions and purposes of the Oklahoma Clean Air Act; 

14. Bring appropriate court action to enforce the Oklahoma Clean Air Act and final orders of the 

Department, and to obtain injunctive or other proper relief in the district court of the county where any 

alleged violation occurs or where such relief is determined necessary. The Department, in furtherance of 

its statutory powers, shall have the independent authority to file an action pursuant to the Oklahoma Clean 

Air Act in district court. Such action shall be brought in the name of the Department of Environmental 

Quality; I 

15. Take such action as may be necessary to abate the alleged pollution upon receipt of evidence 

that a source of pollution or a combination of sources of pollution is presenting an immediate, imminent 

and substantial endangerment to the health of persons; 

16. Recommend rules to the Department of Public Safety, to the extent necessary and practicable 

for periodic inspection and testing of motor vehicles to enforce compliance with applicable emission 

standards; 

17. Periodically enter and inspect at reasonable times or during regular business hours, any source, 

facility or premises permitted or regulated by the Department, for the purpose of obtaining samples or 

determining compliance with the Oklahoma Clean Air Act or any rule promulgated thereunder or permit 

condition prescribed pursuant thereto, or to examine any records kept or required to be kept pursuant to the 9 

Oklahoma Clean Air Act. Such inspections shall be conducted with reasonable promptness and shall be 

confined to those areas, sources, facilities or premises reasonably expected to emit, control, or contribute to 

the emission of any air contaminant; 

18. Require the submission or the production and examination, within a reasonable amount of 

time, of any information, record, document, test or monitoring results or emission data, including trade 

secrets necessary to determine compliance with the Oklahoma Clean Air Act or any rule proinulgated 

thereunder, or any permit condition prescribed or order issued pursuant thereto. The Department shall 

hold and keep as confidential any information declared by the provider to be a trade secret and may only 

release such information upon authorization by the person providing such information, or as directed by 

court order. Any documents submitted pursuant to the Oklahoma Clean Air Act and declared to be trade 

secrets, to be so considered, must be plainly labeled by the provider, and be in a form whereby the 

confidential information may be easily removed intact without disturbing the continuity of any remaining 

documents. The remaining document, or documents, as submitted, shall contain a notation indicating, at 

the place where the particular information was originally located, that confidential information has been 

removed. Nothing in this section shall preclude an in-camera examination of confidential information by 

an Administrative Law Judge during the course of a contested hearing; 

*38060 19. Maintain and update at least annually an inventory of air emissions from stationary 

sources; 

20. Accept any authority delegated from the federal government necessary to carry out any portion 

of the ~klahoma~lean AirAct; and -"% 

21. Carry out all other duties, requirements and responsibilities necessary and proper for the 

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.P implementation of the Oklahoma Clean Air Act and fulfilling the requirements of the Federal Clean Air 

Act. [FN3] 

1997 Main Volume 

Laws 1992, c. 215, J 4, emerg. eff May 15, 1992. Renumberedfiom Title 63, J 1-1805.1 and amended by Laws 1993, c. 145, JJ 

42, 359, eff July 1,1993. 

2001 Electronic Update 

Amended by Laws 1998, C. 314, J 6, eff July 1, 1998. 

[FNl] Title 27A, Q 2-5-101 et seq. 

m2] 42 U.S.C.A. 8 7661 a(bX10). 

[FN3] 42 U.S.C.A. 8 7401 et seq. 

<General Materials (GM) - References, Annotations, or Tables> 

HISTORICAL NOTES 

HISTORICAL AND STATUTORY NOTES 

1997 Main Volume 

The 1993 amendment, in paragraph 1 substituted "the Oklahoma Clean Air Act" for "this act"; inserted paragraph 2; 

redesignated former paragraphs 2 to 19 as paragraphs 3 to 20; in paragraph 4 deleted "and regulations" following "rules"; in 

paragraph 11 substituted "the Oklahoma Clean Air Act" for "this act"; rewrote paragraph 14, which prior thereto read: 

"Bring appropriate court action to enforce this act, including final orders on determinations and obtaining injunctions or 

other proper relief in the district court of the county where any alleged violation occurs or relief is determined necessary. The 

department, in furtherance of its statutory powers, and notwithstanding any provision of law to the contrary, shall have the 

independent authority to file an action under this act in district court. Such action shall be brought in the name of the State 

Department of Health." 

; in paragraph 16, deleted "regulations" following "rules"; in paragraph 17, in the first sentence, substituted "the Department" 

for "this act" and "the Oklahoma Clean Air Act" for "this act" in two places, deleted ", regulation, permit condition or standard" 

following "rule", inserted "thereunder or permit condition prescribed", and substituted "thereto" for "to this act"; in paragraph 

18, in the first sentence, deleted ", as that term is defined in Section 1732 of Title 21 of the Oklahoma Statutes," following 

"secrets", substituted "the Oklahoma Clean Air act" for "this act", deleted ", permit condition, order or standard" following "rule", 

inserted "thereunder, or any permit condition prescribed or order issued", and substituted "thereto" for "to this act", in the second 

sentence, substituted "The" for "Provided, however, the", in the third sentence, substituted "the Oklahoma Clean Air Act" for 

"this act", deleted the former fifth sentence which read: "The term 'trade secret', for the purpose of this act, shall not be construed 

to include data concerning the amount, emission rate or identification of any air contaminant emitted by any source, nor shall it 

include the contents of any proposed or final permit.", and in the fifth sentence, substituted "an Administrative Law Judge" for "a 

hearing examiner"; in paragraph 20, substituted "the Oklahoma Clean Air Act'' for "this act, and delegate"; inserted the 

designation of paragraph 21; in paragraph 21, in the introductory clause, inserted "Delegate", in subparagraph a, substituted "the 

Oklahoma Clean Air Act" for "this act" in two places, in the second sentence substituted "may" for "shall" and "rules" for 

"regulations", and in the third sentence added "either:", inserted designations of divisions (1) and (2), rewrote division (I), which 

prior thereto read: 

*38061 "establish a special fund in the manner provided for in the Oklahoma Air Quality Control Fund established 

elsewhere in this act or, alternatively, that" - , in division (2) inserted "allow" and substituted "the Oklahoma Clean Air Act" for "this act", in subparagraph b, in the first 

sentence, substituted "the Oklahoma Clean Air Act" for "this act" and added ", 42 U.S.C., Section 7401 et seq.", and in the 

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second sentence substituted "this state" for "it", and in subparagraph c, substituted "Department" for "state"; and in paragraph 9 

22, substituted "the Oklahoma Clean Air Act" for "this act". 

Section 1 of Laws 1993, c. 47, amending this section, was repealed by Laws 1994, c. 2, $34. 

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OK ST T. 27A 5 2-5-106, Rules Page 1 

OKLAHOMA STATUTES ANNOTATED 

TITLE 27A. ENVIRONMENT AND NATURAL RESOURCES 

CHAPTER 2. OKLAHOMA ENVIRONMENTAL QUALITY CODE 

ARTICLE V. OKLAHOMA CLEAN AIR ACT 

Current through Chapter 9 of 2000 1st Ex. Sess. 

tj 2-5-106. Rules , 

The Board is hereby authorized, after public rulemaking hearing and approval by the Council, to: 

1. Promulgate, amend or repeal rules for the prevention, control and abatement of air pollution 

and for establishment of health and safety tolerance standards for discharge of air contaminants to the 

atmosphere; and 

2. Promulgate such additional rules including but not limited to permit fees, as it deems necessary 

to protect the health, safety and welfare of the public and hlfill the intent and purpose of these provisions. 

1997 Main Volume 

P 

Laws 1992, c. 215, J 5, emerg. efi May 15, 1992. Renumberedfrom Title 63, J 1-1806.1 and amended by Laws 1993, c. 145, JJ 

43,359, efi July 1, 1993. 

<General Materials (GM) - References, Annotations, or Tables> 

HISTORICAL NOTES 

HISTORICAL AND STATUTORY NOTES 

1997 Main Volume 

The 1993 amendment, in the introductory clause, inserted "rulemaking" and substituted a colon for "adopt" at the end; 

inserted the designations of paragraphs 1 and 2; in paragraph 1, inserted "Promulgate,", deleted "and regulations" following 

"rules", inserted "for" preceding "establishment"; and in paragraph 2, inserted "Promulgate such", deleted "and regulations" 

following "rules", and inserted "but not limited to". 

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OK ST T. 27A 9 2-5-107, Air Quality Council--Powers and duties Page 1 

OKLAHOMA STATUTES ANNOTATED 

TITLE 27A. ENVIRONMENT AND NATURAL RESOURCES 

CHAPTER 2. OKLAHOMA ENVIRONMENTAL QUALITY CODE 

ARTICLE V. OKLAHOMA CLEAN AIR ACT 

Current through Chapter 9 of 2000 1st Ex. Sess. 

8 2-5-107. Air Quality Council--Powers and duties I 

The powers and duties of the Council shall be as follows: 

1. The Council shall recommend to the ~oard'rules or amendments thereto for the prevention, 

control and prohibition of air pollution and for the establishment of health and safety tolerances for 

discharge of air contaminants in the state as may be consistent with the general intent and purposes of the 

Oklahoma Clean Air Act. [FNl] The recommendations may include, but need not be limited to, rules 

required to implement the following: 

a. a comprehensive state air permitting program, 

b. an accidental release prevention program, 

c. a program for the regulation and control of toxic and hazardous air contaminants, 

d. a program for the regulation and control of acid deposition, 

e. a small business program, and 

f. a system of assessing and collecting fees; 

2. The Council shall recommend rules of practice and procedure applicable to proceedings before 

the Council; 

3. Before recommending any permanent rules, or any amendment or repeal thereof to the Board, 

the Council shall hold a public rulemaking hearing. The Council shall have full authority to conduct such 

hearings, and may appoint a hearing officer; 

4. A rule, or any amendment thereof, recommended by the Council may differ in its terms and 

provisions as between particular conditions, particular sources, and particular areas of the state. In 

considering rules, the Council shall give due recognition to the evidence presented that the quantity or 

characteristic of air contaminants or the duration of their presence in the atmosphere, which may cause a 

need for air control in one area of the state, may not cause need for air control in another area of the state. 

The Council shall take into consideration, in this connection, all factors found by it to be proper and just, 

including but not limited to existing physical conditions, economic impact, topography, population, 

prevailing wind directions and velocities, and the fact that a rule and the degrees of conformance therewith 

which may be proper as to an essentially residential area of the state may not be proper either as to a highly 

developed industrial area of the state or as to a relatively unpopulated area of the state; 

"38064 5. Recommendations to the Board shall be in writing and concurred upon by at least five 

members of the Council; 

- 6. The Council shall have the authority and the discretion to provide a public forum for the 

discussion of issues it considers relevant to the air quality of the state, and to: 

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OK ST T. 27A 5 2-5-107, Air Quality Council--Powers and duties Page 2 

a. pass nonbinding resolutions expressing the sense of the Council, ."4 

b. make recommendations to the Department concerning the need and the 

desirability of conducting public meetings, workshops and seminars, and 

c. hold public hearings to receive public comment in fulfillment of federal 

requirements regarding the State Implementation Plan and make recommendations 

to the Department concerning the plan; and 

7. The Council shall have the authority to conduct individual proceedings, to issue notices of 

hearings and subpoenas requiring the attendance of witnesses and the production of evidence, to 

administer oaths, and to take testimony and receive such pertinent and relevant proof as it may deem to be 

necessary, proper or desirable in order that it may effectively discharge its duties and responsibilities under 

the Oklahoma Clean Air Act. The Council is also empowered to appoint an Administrative Law Judge to 

conduct individual proceedings and prepare such findings of fact, conclusions of law and proposed orders 

as they may require. Upon issuance of a proposed order, the Council shall request that the Executive 

Director issue a final order in accordance with their findings or take such action as indicated and notify the 

respondent thereof in writing. 

1997 Main Volume 

Laws 1992, c. 21 5, i, 7, emerg. efl May 15, 1992. Renumbered from Title 63, i, 1-1808.1 and amended by Laws 1993, c. 145, i,i, 

44, 359, efl July 1, 1993. Laws 1994, c. 353, i, 7, efl July I, 1994. 

PI] Title 27A, 8 2-5-101 et seq. 

<General Materials (GM) - References, Annotations, or Tables> 

HISTORICAL NOTES 

HISTORICAL AND STATUTORY NOTES 

1997 Main Volume 

The 1993 amendment, in paragraph I, in the introductory clause, deleted "and regulations" following "rules" and 

substituted "the Oklahoma Clean Air Act" for "this act"; in paragraph 2, substituted "Recommend" for "Adopt"; in paragraph 3, 

substituted "permanent rules," for "rules, regulations" and inserted "rulemaking"; in paragraph 4, in the first sentence deleted "or 

regulation" following "rule", in the second sentence deleted "and regulations" following "rules" and substituted a period for ", 

and the" at the end thereby creating the third sentence, and in the third sentence inserted "The" and "but not limited to" and 

deleted "or regulation" following "rule"; and in paragraph 7, in the first sentence deleted "as authorized elsewhere in this act" 

following "proceedings" and substituted "the Oklahoma Clean Air Act" for "this act", and in the second sentence substituted "an 

Administrative Law Judge" for "a hearing examiner". 

*38065 The 1994 amendment, in paragraph 1, in the first sentence substituted "The Council shall recommend" for 

"Recommend", and in the second sentence substituted "The" for "Said", inserted "need", and substituted "rules" for "regulations"; 

in paragraph 2, substituted "The Council shall recommend" for "Recommend"; and in paragraph 7, in the third sentence, 

substituted "Executive Director" for "Commissioner". 

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OK ST T. 27A 8 2-5-108, Director of Air Quality Program--Powers and duties Page 1 

OKLAHOMA STATUTES ANNOTATED 

TITLE 27A. ENVIRONMENT AND NATURAL RESOURCES 

CHAPTER 2. OKLAHOMA ENVIRONMENTAL QUALITY CODE 

ARTICLE V. OKLAHOMA CLEAN AIR ACT 

Current through Chapter 9 of 2000 1st Ex. Sess. 

tj 2-5-108. Director of Air Quality Program--Powers and duties 

A. A Director of the Air Quality Program shall be appointed and employed by the Executive 

Director and shall have the following duties and powers: 

1. Perform those duties and responsibilities as may be assigned by the Executive Director and as 

may be required for carrying out the air pollution program of the Department; 

2. Attend, or designate an alternate to attend, all meetings of the Council and the Panel, but shall 

not be entitled to a vote; 

3. Serve or appoint a designee to serve as secretary to the Council and serve or appoint a designee 

to serve as secretary to the Panel; 

P B. The Department shall: 

1. Make recommendations to the Council with respect to rules and air pollution prevention and 

abatement; 

2. Investigate citizen complaints, violations of the Oklahoma Clean Air Act [FNl] and the rules 

promulgated thereunder, make inspections, observations and analyses of air pollution conditions; and 

make recommendations to the Council and to the Executive Director for the issuance of formal complaints 

and for the prosecution of such complaints by the Department; 

3. Keep a record of all meetings of the Council and the Panel; and 

4. NotiQ the members of the Council and the Panel of the time, place and purpose of their 

respective meetings. 

1997 Main Volume 

Laws 1992, c. 215, 5 8, emerg. elf: May 15, 1992. Renumberedfrom Title 63,J 1-1809 and amended by Laws 1993, c. 145,J.f 

45, 359, eff July 1, 1993. Laws 1993, c. 324, 5 11, e# July 1, 1993. 

[FNl] Title 27A, 8 2-5-101 et seq. 

<General Materials (GM) - References, Annotations, or Tables> 

HISTORICAL NOTES 

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HISTORICAL AND STATUTORY NOTES 

Page 2 

1997 Main Volume 

The 1993 amendment rewrote the section, which prior thereto read: 

"A. A Chief of Air Quality Service having those qualifications required by the state merit system shall be appointed and 

employed by the Commissioner and shall have the following duties and powers: 

*38067 " 1. Perform those duties and responsibilities as may be assigned by the Commissioner and as may be required 

for canying out the Department's program on air pollution; 

"2. The Chief, or his designee, shall attend all meetings of the Council and the Panel, but shall not be entitled to a vote; 

"3. Serve as secretary to both the Council and the Panel; 

"4. Make recommendations to the Council with respect to rules, regulations and air pollution prevention and abatement; 

"5. Investigate citizen complaints, violations of this act and the rules and regulations; make inspections, observations and 

analyses of air pollution conditions; and make recommendations to the Council and to the Commissioner for the issuance of 

formal complaints and for the prosecution of such complaints by the Department; 

"6. Keep a record of all meetings of the Council and the Panel; and 

"7. Notify the members of the Council and the Panel of the time, place and purpose of their respective meetings. 

"B. Citizen Complaints. 

"1. In case any written citizen complaint shall be filed with the Department and it shall have cause to believe, or should 

the Department have other cause to believe, that any person is violating this act, or any order, rule, regulation, standard or permit 

condition, this shall cause an investigation thereof to be made by the Chief. In making an investigation, the Chief or authorized 

representative of the Commissioner, after notifying the person or persons in charge of the premises who shall have the option of 

accompanying the investigator, shall not be denied access at reasonable times to any private or public property for the purpose of 

inspecting and investigating any condition which the Chief shall have reasonable cause to believe to be an air contaminant 

source. 

"2. Upon completion of an investigation undertaken pursuant to a written citizen complaint, but no later than thirty (30) 

days from receipt of the complaint, the Chief shall file a written report setting forth his findings, a copy of which shall be sent to 

the complainant and the alleged violator. The report shall clearly indicate with particularity any violations, or if no violations are 

found, shall contain a statement to that effect. 

"3. Within fifteen (15) days of receipt of the Chiefs determination, the complainant may request to address the Air 

Quality Council and set forth his grievance. In such case, the Chief shall schedule the complainant to appear before the Council 

at the earliest regularly scheduled meeting and shall notify by mail both the complainant and the person whose activities are the 

source of the complaint. The Council shall allow the complainant a reasonable amount of time in which to present his grievance, 

and shall allow the alleged violator and the Chief a time to respond, after which the Council shall make any appropriate 

recommendations. This proceeding shall not be construed as an individual proceeding, nor shall the attendance of any person be 

required. 

'38068 "4. Whenever the Council has reason to believe that a violation of any air quality rule or regulation has occurred, 

and finds that the Chief has taken no action, the Council may either request the Chief to take appropriate action or may require 

that the alleged violator appear before the Council at a time and place specified in the notice and answer the charge complained 

of in an individual proceeding. The notice shall be delivered in person or by certified mail to the alleged violator or violators not 

less than thirty (30) days before the time set for the hearing, and state with specificity the nature of the violation or violations. 

"5. Nothing in this section shall be construed to preclude the informal disposition of any matter by stipulation, agreed 

settlement, consent order or default." 

The 1994 amendment rewrote the section, which prior thereto read: 

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OK ST T. 27A 5 2-5-108, Director of Air Quality Program--Powers and duties Page 3 

IF "A. A Director of the Air Quality Program having those qualifications required by the state merit system shall be 

appointed and employed by the executive Director and shall have the following duties and powers: 

"1. Perform those duties and responsibilities as may be assigned by the Executive Director and as may be required for 

canying out the air pollution program of the Department; 

"2. Attend, or designate an alternate to attend, all meetings of the Council and the Panel, but shall not be entitled to a 

vote; 

"3. Serve as secretary to both the Council and the Panel; 

"4. ~akd recommendations to the Council with respect to rules and air pollution prevention and abatement; 

"5. Investigate cihzen complaints, violations of the Oklahoma Clean Air Act and the rules promulgated thereunder, make 

inspections, observations and analyses of air pollution conditions; and make recommendations to the Council and to the 

Executive Director for the issuance of formal complaints adn for the prosecution of such complaints by the Department; 

"6. Keep a record of all meetings of the Council and the panel; and 

"7. Notify the members of the Council and the Panel of the time, place and purpose of their respective meetings." 

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OK ST T. 27A 5 2-5-110, Violations--Compliance orders--Administrative penalties--Notice and 

hearing-Burden of proof--Settlements or consent orders 4'- 

Page 1 

OKLAHOMA STATUTES ANNOTATED 

TITLE 27A. ENVIRONMENT AND NATURAL RESOURCES 

CHAPTER 2. OKLAHOMA ENVIRONMENTAL QUALITY CODE 

ARTICLE V. OKLAHOMA CLEAN AIR ACT 

Current through Chapter 9 of 2000 1st Ex. Sess. 

tj 2-5-110. Violati'ons--Compliance orders--Administrative penalties--Notice and hearing-- 

Burden of proof--Settlements or consent orders 

A. In addition to any other remedy provided for by law, the Department may issue a written order 

to any person whom the Department has reason to believe has violated, or is presently in violation of, the 

Oklahoma Clean Air Act or any rule promulgated by the Board, any order of the Department or Council, or 

any condition of any permit issued by the Department pursuant to the Oklahoma Clean Air Act, and to 

whom the Department has served, no less than fifteen (15) days previously, a written notice of violation. 

The Department shall by conference, conciliation and persuasion provide the person a reasonable 

opportunity to eliminate such violations, but may, however, reduce the fifteen-day notice period as in the 

opinion of the Department may be necessary to render the order reasonably effectual. 

B. Such order may require compliance immediately or within a specified time period or both. The 

order, notwithstanding any restriction contained in subsection A of this section, may also assess an 

administrative penalty for past violations occurring no more than five (5) years prior to the date the order is 

filed with the Department, and for each day or part of a day that such person fails to comply with the order. 

C. Any order issued pursuant to this section shall state with specificity the nature of the violation 

or violations, and may impose such requirements, procedures or conditions as may be necessary to correct 

the violations. The Department may also order any environmental contamination having the potential to 

adversely affect the public health, when caused by the violations, to be corrected by the person or persons 

responsible. 

D. Any penalty assessed in the order shall not exceed Ten Thousand Dollars ($10,000.00) per day 

for each violation. In assessing such penalties, the Department shall consider the seriousness of the 

violation or violations, an y good faith efforts to comply, and other factors determined by rule to be 

relevant. A final order following an enforcement hearing may assess an administrative penalty of an 

amount based upon consideration of the evidence but not exceeding the amount stated in the written order. 

"38072 E. Any order issued pursuant to this section shall become a final order, unless no later 

than fifteen (15) days after the order is served the person or persons named therein request in writing an 

enforcement hearing. Said order shall contain language to that effect. Upon such request the enforcement 

hearing shall promptly be set before the Department unless the respondent requests that the hearing be held 

before the Air Quality Council. In such case, the Department shall schedule the enforcement hearing 

before the Council and notify the respondent and the Department. 

F 

F. At all proceedings with respect to any alleged violation of the Oklahoma Clean Air Act, or any 

rule promulgated thereunder, the burden of proof shall be upon the Department. 

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OK ST T. 27A 5 2-5- 110, Violations--Compliance orders--Administrative penalties--Notice and Page 2 

hearing-Burden of proof-Settlements or consent orders 

T 

G. Nothing in this section shall be construed to limit the authority of the Department to enter into 

an agreed settlement or consent order with any respondent. 

1997 Main Volume 

Laws 1992, c. 215, $10, emerg. efl May 15, 1992. Renumberedfrom Title 63, $1-1811 and amended by Laws 1993, c. 145, §$ 

47, 359, efl JuIy 1,1993. Laws 1993, c. 324, $ 13, efl Jub 1.1993. 

t 2001 Electronic Update 

 mended by ~aks 1999, c. 131,j I, efl Nov. 1, 1999. 

<General Materials (GM) - References, Annotations, or Tables> 

HISTORICAL NOTES 

HISTORICAL AND STATUTORY NOTES 

1997 Main Volume 

Laws 1993, c. 145, 5 47, in subsection A, in the first sentence, substituted "the Oklahoma Clean Air Act" for "this act" in 

two places and "rule" for "standard, rule or regulation"; in subsection D, in the third sentence, substituted "an enforcement" for 

"a" and "penalty" for "fine"; in subsection E, in the first sentence substituted "enforcement" for "administrative", in the third 

sentence inserted "enforcement", and in the fourth sentence substituted "Director" for "Chief' and inserted "enforcement"; and in 

subsection F, deleted "before the Department or the Council" following "proceedings" and "or regulation" following "rule" and 

'1 

substituted "Department" for "Chief'. 

Laws 1993, c. 324, 5 13, in subsection E, in fourth sentence, substituted "Department" for "Director". 

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OK ST T. 27A 2-5-112, Comprehensive permitting program--Issuance, denial or renewal Page 1 

OKLAHOMA STATUTES ANNOTATED 

TITLE 27A. ENVIRONMENT AND NATURAL RESOURCES 

CHAPTER 2. OKLAHOMA ENVIRONMENTAL QUALITY CODE 

ARTICLE V. OKLAHOMA CLEAN AIR ACT 

Current through Chapter 9 of 2000 1st Ex. Sess. 

6 2-5-112. Comprehensive permitting program-Issuance, denial or renewal I 

A. Upon the effective date of permitting rules promulgated pursuant to the Oklahoma Clean Air 

Act, it shall be unlawful for any person to construct any new source, or to modifjr or operate any new or 

existing source of emission of air contaminants except in compliance with a permit issued by the 

Department of Environmental Quality, unless the source has been exempted or deferred or is in compliance 

with an applicable deadline for submission of an application for such permit. 

B. The Department shall have the authority and the responsibility, in accordance with rules of the 

Environmental Quality Board, to implement a comprehensive permitting program for the state consistent 

with the requirements of the Oklahoma Clean Air Act. Such authority shall include but shall not be 

limited to the authority to: 

1. Expeditiously issue, reissue, modifjr and reopen for cause, permits for new and existing sources 

for the emission of air contaminants, and to grant a reasonable measure of priority to the processing of 

applications for new construction or modifications. The Department may also revoke, suspend, deny, 

refuse to issue or to reissue a permit upon a determination that any permittee or applicant is in violation of 

any substantive provisions of the Oklahoma Clean Air Act, or any rule promulgated thereunder or any 

permit issued pursuant thereto; 

2. Refrain from issuing a permit when issuance has been objected to by the Environmental 

Protection Agency in accordance with Title V of the Federal Clean Air Act; [FNI] 

3. Revise any permit for cause or automatically reopen it to incorporate newly applicable rules or 

requirements if the remaining permit term is greater than three (3) years; or incorporate insignificant 

changes into a permit without requiring a revision; 

4. Establish and enforce reasonable permit conditions which may include, but not be limited to: 

a. emission limitations for regulated air contaminants, 

*38076 b. operating procedures when related to emissions, 

c. performance standards, 

d. provisions relating to entry and inspections, and 

e. compliance plans and schedules; 

5. Require, if necessary, at the expense of the permittee or applicant: 

a. installation and utilization of continuous monitoring devices, 

b. sampling, testing and monitoring of emissions as needed to determine 

compliance, 

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OK ST T. 27A 8 2-5-1 12, Comprehensive permitting program--Issuance, denial or renewal 

c. submission of reports and test results, and 

d. ambient air modeling and monitoring; 

Page 2 

6. Issue: 

a. general permits covering similar sources, and 

b. permits to sources in violation, when compliance plans, which shall be 

enforceable by the Department, are incorporated into the permit; 

7. Require, at a minimum, that emission control devices on stationary sources be reasonably 

maintained and properly operated; 

8. Require that a permittee certify that the facility is in compliance with all applicable requirements 

of the permit and to promptly report any deviations therefrom to the Department; 

9. Issue permits to sources requiring permits under Title V of the Federal Clean Air Act for a term 

not to exceed five (5) years, except that solid waste incinerators may be allowed a term of up to twelve (12) 

years provided that the permit shall be reviewed no less frequently than every five (5) years; 

10. Specify requirements and conditions applicable to the content and submittal of permit 

applications; set by rule, a reasonable time in which the Department must .determine the completeness of 

such applications; and 

11. Determine the form and content of emission inventories arid require their submittal by any 

source or potential source of air contaminant emissions. 

C. Rules of the Board may set de minimis limits below which a source of air contaminants may be 

exempted from the requirement to obtain a permit or to pay any fee, or be subject to public review. Any 

source so exempted, however, shall remain under jurisdiction of the Department and shall be subject to any 

applicable rules or general permit requirements. Such rules shall not prohibit sawmill facilities from open 

burning any wood waste resulting from the milling of untreated cottonwood lumber in areas that have 

always attained ambient air quality standards. 

"38077 D. To ensure against unreasonable delay on the part of the Department, the failure of the 

Department to act in either the issuance, denial or renewal of a permit in a reasonable time, as determined 

by rule, shall be deemed to be a final permit action solely for purpose of judicial review under the 

Administrative Procedures Act, [FN2] with regard to the applicant or any person who participated in the 

public review process. The Supreme Court or the district court, as the case may be, may require that action 

be taken by the Department on the application without additional delay. No permit, however, may be 

issued by default. 

E. The Department shall notify, or require that any applicant notify, all states whose air quality may 

be affected and that are contiguous to the State of Oklahoma, or are within fifty (50) miles of the source of 

each permit application or proposed permit for those sources requiring permits under Title V of the Federal 

Clean Air Act, and shall provide an opportunity for such states to submit written recommendations 

respecting the issuance of the permit and its terms and conditions. 

F. No person, including but not limited to the applicant, shall raise any reasonably ascertainable 

issue in any future proceeding, unless the same issues have been raised and documented before the close of T 

the public comment period on the draft permit. 

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P G. A change in ownership of any facility or source subject to permitting requirements under this 

section shall not necessitate any action by the Department not otherwise required by the Oklahoma Clean 

Air Act. Any permit applicable to such source at the time of transfer shall be enforceable in its entirety 

against the transferee in the same manner as it would have been against the transferor, as shall any 

requirement contained in any rule, or compliance schedule set forth in any variance or order regarding or 

applicable to such source. Provided, however, no transferee in good faith shall be held liable for penalties 

for violations of the transferor unless the transferee assumes all assets and liabilities through contract or 

other means. For the purposes of this subsection, good faith shall be construed to mean neither having 

actual knowledge of a previous violation nor constructive knowledge which would lead a reasonable 

person to know of the violation. It shall be the responsibility of the transferor to notify the Department in 

writing within ten (ID) days of the change in ownership. 

H. Operating permits for new sources. 

Operating permits may be issued to new sources without public review upon a proper 

determination by the Department that: 

1. The construction permit was issued pursuant to the public review requirements of the Code and 

rules promulgated thereunder; and 

2. The operating permit, as issued, does not differ from the construction permit in any manner 

which would otherwise subject the permit to public review. 

*38078 CREDIT(S) 

1997 Main Volume 

Laws 1992, c. 215, J 12, emerg. efl May 15, 1992. Renumberedfrom Title 63, J 1-1813 and amended by Laws 1993, c. 145, JJ 

49,359, efl July 1,1993. Laws 1994, c. 373, J 16, efl July 1,1994; Laws 1995, c. 285, J 2, eff July 1,1996. 

2001 Electronic Update 

Amended by Laws 1999, C. 284, J I, emerg. eff May27, 1999; Laws 2000, c. 6.J 7, emerg. eff March 20, 2000. 

Wl] 42 U.S.C.A. Q 7661 et seq. 

W2] Title 75, Q 250 et seq. 

<General Materials (GM) - References, Annotations, or Tables> 

HISTORICAL NOTES 

HISTORICAL AND STATUTORY NOTES 

2001 Electronic Update 

Section 2 of Laws 1999, c. 13 1, amending this section, was repealed by Laws 2000, c. 6, Q 33. 

1997 Main Volume 

F 

The 1993 amendmenf in subsection A, substituted "pursuant to the Oklahoma Clean Air Act" for "under this act"; in 

subsection B, in the introductory paragraph, in the first sentence, substituted "the Oklahoma Clean Air Act" for "this act", in 

paragraph 1, in the second sentence, substituted "the Oklahoma Clean Air Act" for "this act", "any rule" for "of any permit, 

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OK ST T. 27A 8 2-5-1 12, Comprehensive permitting program--Issuance, denial or renewal Page 4 

regulation or standard" and "thereunder or any permit issued pursuant thereto" for "pursuant to this act", and in paragraph 3, 4, 

substituted "rules" for "regulations, standards"; in subsection C, substituted "Rules" for "Regulations" in the first sentence and 

"rules" for "regulations" in the second sentence; in subsection D, in the first sentence, substituted "with regard to" for "as 

regards"; in subsection F, in the first sentence, substituted "by the Oklahoma Clean Air Act" for "under this act", and in the 

second sentence, substituted "such source" for "the source" in two places and "rule" for "regulation" and deleted "in question" 

from the end; and in subsection G, in paragraph l.a, substituted "preparation" for "issuance" in two places and "draft" for 

"proposed", in paragraph l.a(2), inserted "to,", "formal" and commas following "from" and "Department", in paragraph I.b, in 

the first sentence substituted "draft" for "pending" and "the Oklahoma Clean Air Act" for "this act", in the third sentence inserted 

"formal", in the fifth sentence deleted "the first running of' following "date of', in the seventh sentence substituted "in this 

paragraph" for "for above", in the eighth sentence deleted "ten (10) days but no more than" following "least" and inserted 

"calendar", and deleted the ninth sentence which read: "The meeting, when possible, shall be scheduled to be held at least fifteen 

(15) days but no later than forty-five (45) days after the expiration of the thirty-day calendar period and not rescheduled except 

for proper cause.", in paragraph 1 .c, in the first sentence substituted "draft" for "proposed" and in the fourth sentence substituted 

"presiding" for "hearing", in paragraph I.e, substituted,in the first sentence, "when" for "where", and in the third sentence, 

"Director's" for "Chiefs", in paragraph 2.a, in the first sentence, substituted "the Oklahoma Clean Air Act" for "this act", "rules" 

for "regulations" and "thereunder" for "pursuant to this act", and in the second sentence, substituted "Administrative Law Judge" 

for "hearing examiner", in paragraph 2.b, in the first sentence, substituted "an Administrative Law Judge" for "a hearing 

examiner" and "Administrative Law Judge" for "hearing examiner", and in paragraph 2.c, substituted "such" for "a proposed", 

"the Oklahoma Clean Air Act" for "this act" and "rules" for "regulations". 

*38079 The 1994 amendment rewrote subsection G. 1, which prior thereto read: 

"G. Public review. 

"1. Public meetings. 

"a. Any applicant for a construction permit for a new source or for the modification of an existing source, or for the 

renewal of an operating permit, and in such other instances as shall be specified by the Board by rule, shall, upon the preparation 

of a draft permit by the Department, publish notice of such preparation in at least one newspaper of general circulation in the 

nearest city or town in which the facility is located or is proposed to be located. The notice must include: (I) a description of the 

facility, its purpose and location or proposed location, (2) a statement that any person who may be adversely affected by 

emissions of air contaminants from the facility may submit written comments to, or request a formal public meeting from, the 

Department, or both, (3) a description of the manner in which written comments may be submitted, the manner in which any 

request for a meeting must be made, how the Department may be contacted for fhrther information and where a copy of the draft 

permit will be available for inspection and copying, and is proposed to be located. The notice must include: (1) a description of 

the facility, its purpose and location or proposed location, (2) a statement that any person who may be adversely affected by 

emissions of air contaminants from the facility may submit written comments to, or request a formal public meeting from, the 

Department, or both, (3) a description of the manner in which written comments may be submitted, the manner in which any 

request for a meeting must be made, how the Department may be contacted for hrther information and where a copy of the draft 

permit will be available for inspection and copying, and (4) any other information which the Board may by rule specify. 

"b. The applicant shall make available for thirty (30) calendar days from the date of publication of notice, in a location to 

be specified by the Department in the county where the source is located or is proposed to be located, a copy of the draft permit 

including the complete application, except for portions deleted under trade secret provisions of the Oklahoma Clean Air Act. 

The Department, in order to facilitate public review, shall prepare and attach proposed operating conditions. Upon the request of 

any person who may be adversely affected, the Department shall hold a formal public meeting. The person requesting the 

meeting must state in writing the basis for the request and what adverse effects are alleged. Said request must be made within 

thirty (30) days of the date of the published notice and must provide to the Department the name of the person or persons making 

the request and a current mailing address. Upon a determination that a reasonable basis for a meeting has been alleged, the 

Department shall immediately set a date for the meeting and shall cause to be mailed to all persons who requested the meeting, 

information concerning the date, time and place. The applicant shall also cause to be published in the manner provided in this 

paragraph, notice of the date, time and place and the purpose of the formal public meeting. Said notice shall be published at least 

thirty (30) calendar days prior to the meeting. 

*38080 "c. At the meeting, which shall be attended by both the Department and the applicant, persons may submit oral or 

written statements concerning the draft permit; provided, however, that the person conducting the meeting, who shall be a 

representative of the Department, may set reasonable time limits for the presentation of oral comments and for any question and 

answer session. The purpose of this meeting shall be to inform the public concerning the permit and the operation of the source. 

Failure of the applicant to participate in good fsith shall constitute grounds for the Department to deny the permit. The presiding 

officer shall have the discretion to conclude the comment period at the close of the hearing, or may extend or reopen the 

comment period as necessary. 

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F "d. No person, including the applicant, shall raise any reasonably ascertainable issue in any fiture proceeding, unless the 

same issues shall have been raised at this meeting or before the close of the public comment period, and supported in writing, by 

appropriate argument and evidence as may be available at the time. 

"e. 'The Department shall consider all substantive comments which shall have been submitted in writing and prepare a 

written response thereto when possible within sixty (60) days. The Department shall mail to all persons participating in the 

public meeting or submitting written comments, who shall have requested notification and provided to the Department a mailing 

address, the written decision concerning the permit. Said decision shall also advise of the availability of the Director's response 

to public comments. 

"f. Any person, including the applicant, adversely affected by the decision of the Department in issuing or denying the 

permit may, within fifteen (IS) days of the Department's decision, request in writing a contested case hearing before the 

Department. Any permit issued without appeal under this subsection or which shall become a final order pursuant to a contested 

case hearing as provided for in paragraph (2) of this subsection and pursuant to the Administrative Procedures Act shall be 

enforceable by the Department." 

; redesignated former subsection G. 1 .d as subsection G.2; in subsection G.2, inserted "about a permit", "a contested case hearing 

or" and "during public review", substituted "the formal public" for "this", and inserted "held on the draft permit"; redesignated 

former subsection G.1 .f as subsection G.3; in subsection G.3, in the second sentence, deleted "paragraph (2) of' following "for 

in" and inserted "and the Code and rules promulgated thereunder"; redesignated former subsection G.2 as subsection G.4; 

redesignated former subsection G.3 as subsection H; and in subsection H.1, substituted "of the Code and rules promulgated 

thereunder;" for a comma. 

The 1995 amendment, in subsection B, in the introductory clause, substituted "state" for "State of Oklahoma"; deleted 

former subsection G, which read: 

"G. 1. This subsection shall apply to any contested case hearing held on any construction permit for a new source or for 

the modification of an existing source, or for the renewal of an operating permit, and in such other instances as shall be specified 

by the Board by rule. 

F *38081 "2. No person, including the applicant, shall raise any reasonably ascertainable issue about a permit in a 

contested case hearing or any future proceeding, unless the same issues shall have been raised during public review at the formal 

public meeting or before the close of the public comment period held on the draft permit, and supported in writing, by 

appropriate argument and evidence as may be available at the time. 

"3. Any person, including the applicant, adversely affected by the decision of the Department in issuing or denying the 

permit may, within fifteen (IS) days of the Department's decision, request in writing a contested case hearing before the 

Department. Any permit issued without appeal under this subsection or which shall become a final order pursuant to a contested 

case hearing as provided for in this subsection and pursuant to the Administrative Procedures Act and the Code and rules 

promulgated thereunder shall be enforceable by the Department. 

"4. Contested case hearing. 

"a At any contested case hearing, the only issue before the Department shall be whether or not the permit, as issued, 

reissued or denied, shall have been in substantial compliance with the Oklahoma Clean Air Act and.the rules of the Board 

promulgated thereunder. Both the applicant and the Department shall participate in contested case hearings as necessary parties 

unless and until one shall be released by the Administrative Law Judge. 

"b. The Department may appoint an Administrative Law Judge who shall have full authority to conduct a contested case 

hearing. Upon conclusion of the hearing, the Administrative Law Judge shall prepare findings of fact, conclusions of law and 

recommendations for the Department's consideration. A contested case hearing shall be conducted in accordance with the 

Oklahoma Administrative Procedures Act and may be appealed thereunder, provided, however, that the final determination of 

the Department to issue, reissue or deny any permit shall not be subject to challenge in any other proceeding. Standing to appeal 

the final determination of the Department shall also be limited to parties participating in the contested case hearing. 

"c. The Department, upon a finding that such permit is not in substantial compliance with the Oklahoma Clean Air Act or 

the rules of the Board, shall have the authority to require such remediation as may be appropriate, or deny the permit." 

; and redesignated former subsection H as subsection G. 

sC 

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gas well and equipment emissions 

F 

*38086 27A 0kl.St.Ann. 5 2-5-114 

OKLAHOMA STATUTES ANNOTATED 

TITLE 27A. ENVIRONMENT AND NATURAL RESOURCES 

CHAPTER 2. OKLAHOMA ENVIRONMENTAL QUALITY CODE 

ARTICLE V. OKLAHOMA CLEAN AIR ACT 

Current through Chapter 9 of 2000 1st Ex. Sess. 

9 2-5-114. ~m~ledentation ad enforcement of federal emission standards--0l and gas well 

and equipment emissions 

A. The Department shall have the authority to' establish a program for the implementation and 

enforcement of the federal emission standards and other requirements under Section 112 of the Federal 

Clean Air Act [FNI] for hazardous air pollutants and for the prevention and mitigation of accidental 

releases of regulated substances under Section 112(r) of the Federal Clean Air Act. [FN2] 

1. Except as otherwise provided by paragraph 2 of this subsection, to assure that such program 

shall be consistent with, and not more stringent than, federal requirements: 

a. any rule recommended by the Council and promulgated by the Board regarding 

hazardous air pollutants and regulated substances shall only be by adoption by 

reference of final federal rules, and 

b. shall include the federal early reduction program under Section 112(i) (5) of the 

Federal Clean Air Act. [FN3] 

2. The Board may promulgate, to recommendation by the Council, rules which establish 

emission limitations for hazardous air pollutants which are more stringent than the applicable federal 

standards, upon a determination by the Council that more stringent standards are necessary to protect the 

public health or the environment. 

B. The Department shall also have the authority to establish a separate and distinct program only 

for the control of the emission of those toxic air contaminants not otherwise regulated by a final emission 

standard under Section 1 12(d) of the Federal Clean Air Act. [FN4] 

1. Such program shall consist of permanent rules establishing: 

a. appropriate emission limitations, work practice standards, maximum acceptable 

ambient concentrations or control technology standards necessary for the protection 

of the public health or the environment, and 

b. emissions monitoring or process monitoring requirements necessary to assure 

compliance with the requirements of this section. 

"38087 2. Paragraph 1 of this subsection shall not be construed as requiring readoption of existing 

rules regarding toxic air contaminants. 

,@-- 

C. Regulation of any hazardous air pollutant pursuant to a final emission standard promulgated 

under Section 1 12(d) of the Federal Clean Air Act, shall preclude its regulation as a toxic air contaminant 

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gas well and equipment emissions 

T 

under subsection B of this section. 

D. Emissions from any oil or gas exploration or production well with its associated equipment, and 

emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other 

similar units, whether or not such units are in a contiguous area or under common control, to determine 

whether such units or stations are major sources, and in the case of any oil or gas exploration or production 

well with its associated equipment, such emissions shall not be aggregated for any purpose under this 

section. 

E. The Department shall not list oil and gas production wells with their associated equipment as an 

area source categoj, except that the Department may establish an area source category for oil and gas 

production wells located in any metropolitan statistical area or consolidated metropolitan statistical area 

with a population in excess of one million (1,000,000) if the Department determines that emissions of 

hazardous air pollutants from such wells present more than a negligible risk of adverse effects to public 

health. 

F. Nothing in this section shall be construed to limit authority established elsewhere in the 

Oklahoma Clean Air Act. [FNS] 

1997 Main Volume 

Laws 

51,359, 

1992, 

efj: 

c. 

July 

21 5, 

1, 

J 

1993. 

14, emerg. eff May 15,1992. Renumberedfiom Title 63, J 1-1 81 5 and amended by Laws 1993, c. 145, $8 - 

[FNI] 42 U.S.C.A. 8 7412. 

p2] 42 U.S.C.A. 8 7412(r). 

[FN3] 42 U.S.C.A. 8 7412(i)(5). 

FN4] 42 U.S.C.A. 8 7412(d). 

p5] Title 27A, 4 2-5-101 et seq. 

<General Materials (GM) - References, Annotations, or Tables> 

HISTORICAL NOTES 

HISTORICAL AND STATUTORY NOTES 

1997 Main Volume 

The 1993 amendment, in subsection A, in the introductory paragraph, added "of the Federal Clean Air Act", in 

paragraph 1, in the introductory clause substituted "Except as otherwise provided by paragraph 2 of this subsection, to" for "To". 

and in paragraph 2, substituted "The Board may promulgate" for "Notwithstanding paragraph 1 of this subsection, the Board may 

adopt" and added "or the environment"; in subsection B.l, in subparagraph a, added "or the environment", and in subparagraph 

b substituted "requirements of this section" for "above requirements"; and in subsection F, substituted "the Oklahoma Clean Air 

Act" for "this act". 

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OKLAHOMA STATUTES ANNOTATED 

TITLE 27A. ENVIRONMENT AND NATURAL RESOURCES 

CHAPTER 2. OKLAHOMA ENVIRONMENTAL QUALITY CODE 

ARTICLE V. OKLAHOMA CLEAN AIR ACT 

Current through Chapter 9 of2000 1st Ex. Sess. 

5 2-5-1 17. Civil actions--Injunction--Abatement-Civil penalties I 

A. The Department shall have the authority to commence a civil action for a permanent or 

temporary injunction or other appropriate relief, or to require abatement of any emission or correction of 

any contamination, or to seek and recover a civil penalty of not more than Ten Thousand Dollars 

($10,000.00) per day for each violation, or all of the above, in any of the following instances: 

1. Whenever any person has violated or is in violation of any applicable provision of the 

Oklahoma Clean Air Act, [FNI.] or any rule promulgated thereunder; 

2. Whenever any person has commenced construction, modification or operation of any source, or 

operates any source in violation of the requirement to have a permit, or violates or is in violation of any 

substantive provision or condition of any permit issued pursuant to the Oklahoma Clean Air Act; or 

.P 3. Whenever any person has violated any order of the Department or the Council or any 

requirement to pay any fee, fine or penalty owed to the state pursuant to the Oklahoma Clean Air Act. 

B. The district attorney or attorneys having jurisdiction shall have primary authority and 

responsibility for prosecution of any civil or criminal violations under the Oklahoma Clean Air Act and for 

the collection of any delinquent fees, penalties or frnes assessed pursuant to the Oklahoma Clean Air Act 

and shall be entitled to recover reasonable costs of collection, including attorney fees, and an appropriate 

fee of up to fifty percent (50%) for collecting delinquent fees, penalties or fines. 

1997 Main Volume 

Laws 1992, c. 215, $17, emerg. efl May 15, 1992. Renumberedji-om Title 63, $1-1818 and amended by Lms 1993, c. 145, $$ 

54, 359, eff July 1, 1993. 

Wl] Title 27A, Q 2-5-101 et seq. 

<General Materials (GM) - References, Annotations, or Tables> 

HISTORICAL NOTES 

HISTORICAL AND STATUTORY NOTES 

1997 Main Volume 

P"- 

*38095 The 1993 amendment substituted "the Oklahoma Clean Air Act" for "this act" throughout the section; in 

subsection A, in paragraph 1, substituted "promulgated thereunder" for ", regulation or standard established under this act"; and 

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OK ST T. 27A 8 2-5-1 17, Civil actions--Injunction--Abatement--Civil penalties 

in subsection B, inserted ", penalties" in two places. 

Page 2 

4, 

REFERENCES 

UNITED STATES SUPREME COURT 

Citizen group standing, violations of pollution discharge permit, subsequent compliance with permit or shutdown of 

facility, mootness doctrine, see Friends of Earth v. Laidlaw Environmental Services (TOC), Inc., 2000, 120 S.Ct 693. 

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OK ST T. 51 8 24A. 1, Short title Page 1 

OKLAHOMA STATUTES ANNOTATED 

TITLE 51. OFFICERS 

CHAPTER 1. GENERAL PROVISIONS 

OKLAHOMA OPEN RECORDS ACT 

Current through Chapter 9 of2000 1st Ex. Sess. 

tj 24A.1. Short title 8 

Section 24A.I et seq. of this title shall be known and may be cited as the "Oklahoma Open 

Records Act". 

2000 Main Volume 

Laws 1985, c. 355, J I, e# Nov. 1, 1985; Laws 1988, c. 68, J 1, e# Nov. 1, 1988; Laws 1988, c. 187, J I, ernerg. e# June 6, 

1988; Laws 1996, c. 247, J 41, e# July 1,1996; Laws 1997, c. 2, J 10, ernerg. efl Feb. 26, 1997. 

<General Materials (GM) - References, Annotations, or Tables> 

HISTORICAL NOTES 

HISTORICAL AND STATUTORY NOTES 

2000 Main Volume 

Laws 1988, c. 68, 8 1 rewrote the section, which prior thereto read: 

"Sections 1 through 18 of this act shall be known as the 'Oklahoma Open Records Act'." 

Laws 1988, c. 1'87; 8 1 substituted "24A.19 and Section 7 of this act" for "24A.18 of this title and Section 2 of this act". 

Section 1 of Laws 1996, c. 209, amending this section, was repealed by Laws 1997, c. 2, Q 26. 

Laws 1996, c. 247, Q 41 substituted "24A.22 of this title and Section 42" for "24A.19 of this title and Section 7". 

The 1997 amendment rewrote the section, which prior thereto read: 

"Sections 24A. 1 through 24A.22 of this title and Section 42 of this act shall be known as the 'Oklahoma Open Records 

Act'." 

Title of Act: 

An Act relating to officers; providing short title; stating purpose; defining terms; requiring public bodies and public 

officials to keep and maintain certain records for public inspection; providing for inspection and copying; providing exceptions; 

authorizing fees and procedures; providing for confidentiality of certain records; authorizing public inspection of certain law 

enforcement records; providing penalties; providing for civil liability; repealing 51 0.S.1981, section 24, which relates to 

inspection of public records; and providing an effective date. Laws 1985, c. 355. 

REFERENCES 

LAW REVIEW AND JOURNAL COMMENTARIES 

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OK ST T. 51 4 24A. 1, Short title 

Open records in Oklahoma; where are we now? Ronald A. White, 57 0kla.B.J. 1831 (1986). 

Page 2 

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OK ST T. 51 5 24A.2, Public policy--Purpose of act Page 1 

OKLAHOMA STATUTES ANNOTATED 

TITLE 51. OFFICERS 

CHAPTER 1. GENERAL PROVISIONS 

OKLAHOMA OPEN RECORDS ACT 

Current through Chapter 9 of 2000 1st Ex. Sess. 

g 24A.2. Public policy--Purpose of act 

As the Oklahoma Constitution recognizes and guarantees, all political power is inherent in the 

people. Thus, it is the public policy of the State of Oklahoma that the people are vested with the inherent 

right to know and be fully informed about their government. The Oklahoma Open Records Act wl] 

shall not create, directly or indirectly, any rights of privacy or any remedies for violation of any rights of 

privacy; nor shall the Oklahoma Open Records Act, except as specifically set forth in the Oklahoma Open 

Records Act, establish any procedures for protecting any person from release of information contained in 

public records. The purpose of this act [FN2] is to ensure and facilitate the public's right of access to and 

review of government records so they may efficiently and intelligently exercise their inherent political 

power. The privacy interests of individuals are adequately protected in the specific exceptions to the 

Oklahoma Open Records Act or in the statutes which authorize, create or require the records. Except 

where specific state or federal statutes create a confidential privilege, persons who submit information to 

public bodies have no right to keep this information from public access nor reasonable expectation that this 

P" information will be kept from public access; provided, the person, agency or political subdivision shall at 

all times bear the burden of establishing such records are protected by such a confidential privilege. 

Except as may be required by other statutes, public bodies do not need to follow any procedures for 

providing access to public records except those specifically required by the Oklahoma Open Records Act. 

2000 Main Volume 

Laws 1985, c. 355, i, 2, efi Nov. 1, 1985; Laws 1988, c. 187,J 2, emerg. efi June 6,1988. 

[FN I] Title 5 1, 4 24A. 1 et seq. 

[FN2] Title 5 1, 4 24A. 1 et seq. 

<General Materials (GM) - References, Annotations, or Tables> 

HISTORICAL NOTES 

HISTORICAL AND STATUTORY NOTES 

30311 2000 Main Volume 

The 1988 amendment rewrote the section, which prior thereto read: 

"As the Oklahoma Constitution recognizes and guarantees, all political power is inherent in the people. Thus, it is the 

,+- public policy of the State of Oklahoma that the people are vested with the inherent right to know and be fully informed about 

their govemment. The purpose of this act is to ensure and facilitate the public's right of access to and review of govemment 

records so they may efficiently and intelligently exercise their inherent political power." . 

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OK ST T. 51 5 24A.2, Public policy--Purpose of act 

ANNOTATIONS 

NOTES OF DECISIONS 

Page 2 

Confidential privilege 1 

Timing of access 2 

1. Confidential privilege 

A municipality may withhold portions of a telephone bill or delete information on the bill only if a privilege of 

confidentiality exists which authorizes confidentiality of the information with the burden to establish a privilege of 

confidentiality upon the person or entity that seeks to establish it. 0p.Atty.Gen. No. 95-97 (March 13, 1996). 

I 

2. Timing of access 

University Hospitals Authority violated neither Open Meeting Act nor Open Records Act, even though copies of contract 

for long term lease of hospitals from University Trust to private hospital corporation were not made available to protestants of 

transaction until two days before meeting of Authority at which contract was approved, where contract was not completed until 

two days before meeting and was made available to protestants as soon as it came into existence. Petition of University Hospitals 

Authority, Okla., 953 P.2d 314 (1997), rehearing denied. 

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OK ST T. 51 § 24A.3, Definitions Page 1 

OKLAHOMA STATUTES ANNOTATED 

TITLE 51. OFFICERS 

CHAPTER 1. GENERAL PROVISIONS 

OKLAHOMA OPEN RECORDS ACT 

Current through Chapter 9 of 2000 1st Ex. Sess. 

5 24A.3. Definitions I 

Definitions. As used in this act: [FNI.] 

1. "Record" means all documents, including, but not limited to, any book, paper, photograph, 

microfilm, data files created by or used with computer software, computer tape, disk, and record, sound 

recording, film recording, video record or other material regardless of physical form or characteristic, 

created by, received by, under the authority of, or coming into the custody, control or possession of public 

officials, public bodies, or their representatives in connection with the transaction of public business, the 

expenditure of public funds or the administering of public property. "Record" does not mean computer 

software, nongovernment personal effects or, unless public disclosure is required by other laws or 

regulations, vehicle movement records of the Oklahoma Turnpike Authority obtained in connection with 

the Authority's electronic toll collection system, personal financial information, credit reports or other 

financial data obtained by or submitted to a public body for the purpose of evaluating credit worthiness, - obtaining a license, permit, or for the purpose of becoming qualified to contract with a public body; 

2. "Public body" shall include, but not be limited to, any office, department, board, bureau, 

commission, agency, trusteeship, authority, council, committee, trust or any entity created by a trust, 

county, city, village, town, township, district, school district, fair board, court, executive office, advisory 

group, task force, study group, or any subdivision thereof, supported in whole or in part by public funds or 

entrusted with the expenditure of public funds or administering or operating public property, and all 

committees, or subcommittees thereof. Except for the records required by Section 24A.4 of this title, 

"public body" does not mean judges, justices, the Council on Judicial Complaints, the Legislature, or 

legislators; 

3. "Public office" means the physical location where public bodies conduct business or keep 

records; 

"50313 4. "Public official" means any official or employee of any public body as defined herein; 

and 

5. "Law enforcement agency" means any public body charged with enforcing state or local criminal 

laws and initiating criminal prosecutions, including, but not limited to, police departments, county sheriffs, 

the Department of Public Safety, the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, 

the Alcoholic Beverage Laws Enforcement Commission, and the Oklahoma State Bureau of Investigation. 

2000 Main Volume 

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OK ST T. 51 5 24A.3, Definitions Page 2 

Laws 1985, c. 355, $3, efl Nov. 1, 1985; Laws 1987, c. 222, $ 11 7, operative July 1,1987; Laws 1988, c. 187, $ 3, emerg, efl 

June 6, 1988; Laws 1993, c. 39, $1, eff Sept. 1, 1993; Laws 1996, c. 209, $ 2, efl Nov. 1, 1996; Laws 1998, c. 315, $ 4, -5 

emerg. efl May 28, 1998; Laws 1998, c. 368. $ 11, eff: July 1, 1998. 

[FN I] Title 5 1, (j 24A. 1 et seq. 

<General Materials (GM) - References, Annotations, or Tables> 

HISTORICAL NOTES 

HISTORICAL AND STATUTORY NOTES 

I 2000 Main Volume 

The 1987 amendment, in subparagraph 1, rewrote the second sentence which prior thereto read: " 'Record' does not 

mean nongovernment personal effects temporarily coming into the possession of law enforcement or medical personnel"; in 

subparagraph 2 substituted "24A.4 of this title" for "4 of this act". 

The 1988 amendment rewrote paragraph 1, which prior thereto read: 

" 'Record' means all documents, including, but not limited to, any book, paper, photograph, microfilm, computer tape, 

disk, and record, sound recording, film recording, video record or other material regardless of physical form or characteristic, 

created by, received by, under the authority of, or coming into the custody, control or possession of public officials, public 

bodies, or their representatives in connection with the transaction of public business, the expenditure of public funds or the 

administering of public property. 'Record' does not mean nongovemment personal effects temporarily coming into the 

possession of law enforcement or medical personnel or material pertaining to financial information of private entities or research 

and development of products coming into the possession of the Oklahoma Development Finance Authority or the Oklahoma 

Center for the Advancement of Science and Technology which is determined by the respective board of directors to constitute 

confidential information;" T 

*50314 The 1993 amendment rewrote the second sentence of paragraph 1, which prior thereto read: "Record' does not 

mean nongovemment personal effects or, unless public disclosure is required by other laws or regulations, personal financial 

statements submitted to a public body for the purpose of obtaining a license, permit, or for the purpose of becoming qualified to 

contract with a public body;". 

The 1996 amendment, in paragraph 1, in the first sentence inserted "data files created by or used with computer 

software,", and in the second sentence inserted "computer software". 

Laws 1998, c. 3 15, 4 4, in paragraph 2, inserted "or any entity created by a trust", deleted "State" preceding "Legislature", 

and substituted "legislators" for "State Legislators"; and in paragraph 5, inserted "State" preceding "Bureau of Narcotics". 

Laws 1998, c. 368, 4 1 1 inserted "the Council on Judicial Complaints" in paragraph 2. 

REFERENCES 

LIBRARY REFERENCES 

2000 Main Volume 

Records -30 et seq. 

C.J.S. Records 4 34 et seq. 

ANNOTATIONS 

NOTES OF DECISIONS 

Business records 2 

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OK ST T. 51 5 24A.3, Definitions Page 3 

F Records 1 

1. Records 

A county assessor does not have the authority pursuant to 68 O.S. 1991 and Supp.1996, 84 2814-2846, 28 O.S. 

Supp.1996, 4 60, or the Open Records Act, 51 O.S. 1991 and Supp.1996, 48 24A.l-24A.24, to contract to sell public records 

that are regularly kept in computer-readable format to a private business for resale to the public. 0p.Atty.Gen. No. 96-26 (Jan. 

16, 1997). 

Telephone bills received by a municipality for use of municipal landline and cellular phones by elected officials and 

administrative personnel are records open for public inspection pursuant to the Oklahoma Open Records Act at 51 

O.S.Supp.1995, 8 24A.3(1) and 8 24A.5. 0p.Atty.Gen. No. 95-97 (March 13, 1996). 

The membership'list of the Oklahoma Historical Society is a public record required to be made available for public 

inspection and copying under the Oklahoma Open Records Act. 0p.Atty.Gen. No. 95-1 5 (March 2, 1995). 

Taped telephone conversations made in connection with the bidding process between the State Treasurer and outside 

securities firms are state records pursuant to the Oklahoma Records Management Act (67 0kl.St.Ann. $8 201 et seq.) and the 

Oklahoma Open Records Act (51 0kl.St.Ann. 8 24A.1 et seq.). As such, the State Treasurer is not authorized to erase those 

records except under the process set forth for the destnrction or disposition of state records and the Oklahoma Records 

Management Act, the Archives of Records Commission Act, and 8 590 of the Oklahoma Criminal Code. 0p.Atty.Gen. No. 93-2 

(Feb. 22, 1993). 

*SO315 2. Business records 

Business records of insurer which came into possession of Insurance Commissioner after insurer was placed in 

receivership did not come within scope of term "record," and thus were not "government records" subject to public disclosure 

under Open Records Act. Farrimond v. State ex rel. Fisher, Okla.. 8 P.3d 872 (2000). 

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OK ST T. 51 5 24A.5, Inspection, copying and/or mechanical reproduction of records--Exemptions Page 1 

OKLAHOMA STATUTES ANNOTATED 

TITLE 51. OFFICERS 

CHAPTER 1. GENERAL PROVISIONS 

OKLAHOMA OPEN RECORDS ACT 

Current through Chapter 9 of 2000 1st Ejc. Sess. 

tj 24A.5. Inspection, copying andlor mechanical reproduction of records-Exemptions I 

All records of public bodies and public officials shall be open to any person for inspection, 

copying, andlor mechanical reproduction during regular business hours; provided: 

1. The Oklahoma Open Records Act, Section 24A.1 et seq. of this title, does not apply to records 

specifically required by law to be kept confidential including: 

a. records protected by a state evidentiary privilege such as the attorney-client 

privilege, the work product immunity from discovery and the identity of informer 

privileges, or 

b. records of what transpired during meetings of a public body lawfully closed to 

the public such as executive sessions authorized under the Oklahoma Open 

Meeting Act, Section 301 et seq. of Title 25 of the Oklahoma Statutes, or 

c. personal information within driver records as defined by the Driver's Privacy 

Protection Act, 18 United States Code, Sections 2721 through 2725. 

2. Any reasonably segregable portion of a record containing exempt material shall be provided 

after deletion of the exempt portions, provided however, the Oklahoma Department of Public Safety shall 

not be required to assemble for the requesting person specific information requested from the Oklahoma 

Department of Public Safety's Driver License file relating to persons whose names and dates of birth or 

whose driver license numbers are not furnished by the requesting person. The Oklahoma State Bureau of 

Investigation shall not be required to assemble for the requesting person any criminal history records 

relating to persons whose names and dates of birth are not furnished by the requesting person. 

3. Any request for a record which contains individual records of persons and the cost of copying, 

reproducing or certifying such individual record which is otherwise prescribed by state law, the cost may 

be assessed for each individual record, or portion thereof requested as prescribed by state law. Otherwise, 

a public body may charge a fee only for recovery of the reasonable, direct costs of document copying, or 

mechanical reproduction. Notwithstanding any state or local provision to the contrary, in no instance shall 

said document copying fee exceed twenty-five cents ($0.25) per page for documents having the dimensions 

of eight and one-half (8 112) by fourteen (14) inches or smaller, or a maximum of One Dollar ($1.00) per 

copied page for a certified copy. However, if the request: 

*SO318 a. is solely for commercial purpose, or 

b. would clearly cause excessive disruption of the public body's essential functions, 

then the public body may charge a reasonable fee to recover the direct cost of document search; however, 

publication in a newspaper or broadcast by news media for news purposes shall not constitute a resale or 

use of data for trade or commercial purpose and charges for providing copies of electronic data to the news 

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media for a news purpose shall not exceed the direct cost of making the copy. .4 

Any public body establishing fees under this act shall post a written schedule of said fees at its 

principal office and with the county clerk. 

In no case shall a search fee be charged when the release of said documents is in the public interest, 

including, but not limited to, release to the news media, scholars, authors and taxpayers seeking to 

determine whether those entrusted with the affairs of the government are honestly, faithfully, and 

competently performing their duties as public servants. 

The fees shall not be used for the purpose of discouraging requests for information or as obstacles 

to disclosure of requisted information. 

4. The land description tract index of all recorded instruments concerning real property required to 

be kept by the county clerk of any county shall be available for inspection or copying in accordance with 

the provisions of the Oklahoma Open Records Act; provided, however, such index shall not be copied 

and/or mechanically reproduced for the purpose of sale of such information. 

5. A public body must provide prompt, reasonable access to its records but may establish 

reasonable procedures which protect the integrity and organization of its records and to prevent excessive 

disruptions of its essential functions. 

6. A public body shall designate certain persons who are authorized to release records of the public 

body for inspection, copying, or mechanical reproduction. At least one such person shall be available at all 

times to release records during the regular business hours of the public body. 9 

2000 Main Volume 

Laws 1985. c. 355, 5 5, eff Nw. 1, 1985; Laws 1986, c. 213, 5 1, emerg. efl June 6, 1986; Laws 1986, c. 279, 5 29, operative 

July I, 1986; Laws 1988, c. 187, 4, emerg. eff June 6, 1988; Laws 1992, c. 231, 5 2, emerg. eff May 19, 1992; Laws 1993, 

c. 97, 5 7, en: Sept. 1, 1993; Laws 1996, c. 209,J 3, eff Nov. 1, 1996. 

2001 Electronic Update 

*SO319 Amended by Laws 2000, c. 342.5 8, efl July 1,2000. 

<General Materials (GM) - References, Annotations, or Tables> 

HISTORICAL NOTES 

HISTORICAL AND STATUTORY NOTES 

2000 Main Volume 

Laws 1986, c. 213, 8 1, in subparagraph 1, substituted "The Oklahoma Open Records Act" for "This act" and in item c, 

inserted ", Section 301 et seq. of Title 25 of the Oklahoma Statutes"; inserted subparagraph 4; and redesignated former 

subparagraphs 4 and 5 as subparagraphs 5 and 6, respectively. 

Laws 1986, c. 279, 4 29, in subparagraph 2 inserted the proviso; in subparagraph 3 inserted the first sentence, in the 

second sentence (the former first sentence) substituted "Otherwise a" for "A"; in the second paragraph of subparagraph 3 rq, 

substituted "principal" for "principle". 

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- The 1988 amendment, in paragraph 1, deleted subparagraph & which read: 

"records not discoverable under state law such as material prepared in anticipation of litigation or trial; or" 

, redesignated former subparagraphs b and c as subparagraphs a and b, and in subparagraph a inserted "privilege, the work 

product immunity from discovery"; and in paragraph 3, in the introductory paragraph, inserted the third sentence. 

The 1992 amendment, in the introductory paragraph of paragraph 3, in the third sentence, substituted "Notwithstanding 

any state or local provision to the contrary, in" for "In". 

The 1993 amendment inserted "and dates of birth or whose driver license numbers" in paragraph 2. 

The 1996 amendment inserted the citation in the introductory clause of paragraph 1; in paragraph 2, added the second 

sentence; and in paragraph 3, in the introductory paragraph, in the second sentence substituted "or" for "and/orw, in subparagraph 

a inserted "is" and substituted a comma for a semicolon, in subparagraph b substituted "would clearly" for "clearly would" and a 

comma for a semicolon, and in the last paragraph substituted "The" for "Said". 

REFERENCES 

CROSS REFERENCES 

Local development increment district reports, exemption from copying fees provided under this section, see Title 5 1, 24A.21. 

LAW REVIEW AND JOURNAL COMMENTARIES 

Annual Survey of Oklahoma Law: Legal profession--Disciplinary proceedings against judges. 6 0kla.City U.L.Rev. 

232 (1981). 

*50320 LIBRARY REFERENCES 

2000 Main Volume 

Records -50 et seq. 

C.J.S. Records 4 35 et seq. 

UNITED STATES SUPREME COURT 

District court tax decisions as agency records of Department of Justice, alternative sources, see U.S. Dept. of Justice v. 

Tax Analysts, U.S.DistCol.1989, 109 S.Ct 2841,492 U.S. 136, 106 L.Ed.2d 112. 

Freedom of information, 

Addresses of agency employees, see U.S. Dept. of Defense v. Federal Labor Relations Authority, 1994, 114 S.Ct. 

1006, 510 U.S. 487, 127 L.Ed.2d 325. 

Law enforcement exemption, confidential sources, presumptions, see U.S. Dept. of Justice v. Landano, 

U.S.N.J.1993, 113 S.Ct 2014, 508 U.S. 165, 124 L.Ed.2d 84, on remand 873 F.Supp. 884. 

Public interest test, Bureau of Land Management mailing list, see Bibles v. Oregon Natural Desert Ass'n, 1997, 

117 S.Ct. 795, 519 U.S. 355, 136 L.Ed.2d 825. 

Personnel and medical files exemption, similar files, interviews of Haitian nationals returned to Haiti, invasion of 

privacy, see U.S. Dept. of State v. Ray, U.S.Fla1991, 112 S.Ct 541,502 U.S. 164, 116 L.Ed.2d 526. 

ANNOTATIONS 

NOTES OF DECISIONS 

Alcohol testing 14 

Arrest records 12 

Commercial interests 13 

Computerized records 9 

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Construction and application 1 

Drug and alcohol testing 14 -% 

Election materials 10 

Excessive disruption of essential functions 8 

Exemptions, generally 7 

Fees 11 

Foster care 15 

Governor's office 16 

Informants 17 

Judiciary 18 

Medicaid 19 

Mine inspector 20 

Motor vehicles 21 

Municipal bills or charges 22 

*SO321 Notice of request for disclosure 5 

Pleadings 12.5 

Preemption 3 

Presumptions and burden of proof 26 

Property records 23 

Purpose 2 

Request for disclosure 4,s 

Request for disclosure - In general 4 

Request for disclosure - Notice of request for disclosure 5 

Review 27 

Schoolteachers 24 

Tax returns 25 

Time 6 

1. Construction and application 

-% 

Private corporation was not required to obtain criminal records through individual requests to State Bureau of 

Investigation (OSBI) under specific statute, which had no provision for requests from commercial entities, but could employ 

request to Department of Corrections for several years' data under Open Records Act. Transportation Information Services, Inc. 

v. State ex rel. Oklahoma Dept. of Corrections, Okla, 970 P.2d 166 (1998), corrected. 

Records created by a public body after receipt of a complaint must be open to public access and review under Open 

Records Act, unless there is express statutory exception. State ex rel. Oklahoma State Bd. of Medical Licensure and Supervision 

v. Migliaccio, 0kla.App. Div. 3,917 P.2d 483 (1996). 

There is no provision in Open Records Act that allows court to balance individual's interest in having records remain 

private and public's interest in having access to records, and Legislature has determined that public's interest is greater except 

where specific statutory exemption is given. State ex rel. Oklahoma State Bd. of Medical Licensure and Supervision v. 

Migliaccio, 0kla.App. Div. 3,917 P.2d 483 (1996). 

Provisions of the Open Records Act place the authority for making the initial determination as to what matters are exempt 

from disclosure upon the public body having possession of the records. Tulsa Tribune Co, v. Oklahoma Horse Racing Com'n, 

Okla., 735 P.2d 548 (1986). 

2. Purpose 

Purpose of the 5 24 (Repealed; see, now, 4 24A.1 et seq. of this title) is to allow public inspection for proper purposes 

during normal business hours of those records which the law requires public officials to keep and which pertain to their offices. 

Tulsa Tribune CO. v. Fulton, Okla., 696 P.2d 497 (1984). 

*SO322 3. Preemption 

Federal Driver's Privacy Protection Act (DPPA), prohibiting states from disclosing personal information about 

automobile drivers except in enumerated situations, which conflicted with state freedom of information statutes, did not violate 

Tenth Amendment by invading powers reserved to states; DPPA neither commandeered state legislative process by requiring 9. 

states to enact legislation regulating disclosure of personal information regarding drivers nor conscripted state officials to enforce 

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F federal law, activities prohibited by Tenth Amendment, but rather involved exercise of Commerce Clause power to legislate 

regarding driver information, with statute having preemptive effect on contrary state legislation. State of Okl. ex rel. Oklahoma 

Dept. of Public Safety v. U.S., C.A.10 (Okla)1998, 161 F.3d 1266, certiorari denied 120 S.Ct 930, 528 U.S. 11 14, 145 L.Ed.2d 

810. 

4. Request for disclosure-In general 

Requests for information from Department of Corrections (DOC) under Open Records Act did not have to be submitted 

on an inmate-by-inmate basis. Transportation Information Services, Inc. v. State ex rel. Oklahoma Dept. of Corrections, Okla, 

970 P.2d 166 (1998), corrected. 

Proper action for petitioner to pursue to obtain release of financial statements filed with the Horse Racing Commission 

was an application before the Commission seeking release of the requested information under the Open Records Act once 

impediment of district cburt's void protective order was removed and the Commission could act on the application. Tulsa 

Tribune Co. v. Oklahoma Horse Racing Com'n, Okla., 735 P.2d 548 (1986). 

5. -Notice of request for disclosure 

An individual whose interests are affected by a request for disclosure under the Open Records Act must be given notice 

of the determination made by the public body regarding the information requested. Tulsa Tribune Co. v. Oklahoma Horse 

Racing Com'n, Okla., 735 P.2d 548 (1986). 

In order that an individual whose interests are affected by a request for disclosure under the Open Records Act might 

effectively act to protect those interests it is necessary that such an individual be provided written notice that a request has been 

made concerning information furnished by the individual and this notice should inform the individual of an opportunity to 

present written objection to release of the information, to be filed with the public body within a reasonable time following 

notification. Tulsa Tribune Co. v. Oklahoma Horse Racing Com'n, Okla, 735 P.2d 548 (1986). 

+SO323 6. Time - 

Elected county officers as defined in title 19, 8 161, in performing recordkeeping duties, are required by the provisions of 

statute to make their records available to the public on weekday mornings and afternoons, excluding holidays, for approximately 

eight hours. 0p.Atty.Gen. No. 83-219 (March 2, 1984). 

7. Exemptions, generally 

In determination of whether affected agency's records are exempt from Open Records Act, although both agency and 

reviewing court must consider Act's intention to favor disclosure of information over its withholding, if release of information in 

public body's custody would invade individual's privacy or damage affected party's commercial interests, statutory disclosure 

exemption for records not discoverable under state law such as material prepared in anticipation of litigation or trial would apply. 

Merrill v. Oklahoma Tax Com'n, Okla, 831 P.2d 634 (1992). 

Under the Open Records Act the legislature intended to provide exemptions from disclosure where the release of 

information possessed by a public body may be damaging to an individual. Tulsa Tribune Co. v. Oklahoma Horse Racing 

Com'n, Okla, 735 P.2d 548 (1986). 

A municipality may withhold portions of a telephone bill or delete information on the bill only if a privilege of 

confidentiality exists which authorizes confidentiality of the information with the burden to establish a privilege of 

confidentiality upon the person or entity that seeks to establish it. 0p.Atty.Gen. No. 95-97 (March 13, 1996). 

8. Excessive disruption of essential functions 

Department of Correction's (DOC's) reasons for denying request of private corporation for seven years of data did not 

outweigh private corporation's interests in obtaining information, for use in its business of providing employment and criminal 

history information about potential employees; request did not involve excessive disruption of DOC's essential functions, and 

information could be segregated as requested. Transportation Information Services, Inc. v. State ex rel. Oklahoma Dept. of 

Corrections, Okla., 970 P.2d 166 (1998), corrected. 

.+-- Corporation, which was in business of providing employment and criminal background information on potential 

employees, was entitled to seven years' of public offender records on magnetic tape from Department of Corrections (DOC) 

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under Open Records Act where it was prepared at all times to pay reasonable costs incurred by DOC in assembling information, 

request did not involve excessive disruption of DOC'S essential functions, and information could be segregated as requested; 

same information would have been available to corporation if requested from local law enforcement agencies, as information 

sought fell within categories of crime-related documents available from such agencies. Transportation Information Services, Inc. 

v. State ex rel. Oklahoma Dept. of Corrections, Okla., 970 P.2d 166 (1998), corrected. 

*50324 9. Computerized records 

State agency which has computerized its files of public records may, under statute, allow commercial entity access to 

specific data in that file in on-line manner, provided that system for permitting on-line access assures that records will be fully 

preserved and safeguarded from destruction, mutilation, and alteration. 0p.Atty.Gen. No. 85-36 (April 30, 1986). 

10. Election materials 

Oklahoma Election Code [26 0kl.Stat.Ann. 1-101 et seq.] supplies exclusive procedure for examination of election 

materials, and Open Records Act [5 1 0kl.Stat.Ann. 4 24A. I et seq.] does not provide alternative form of discovery procedure 

whereby any citizen may obhin access to election materials; it is only business records of Election Board, exclusive of ballots 

and similar election materials, which public may be entitled to obtain under Open Records Act. Milton v. Hayes, Okla., 770 P.2d 

14 (1989). 

11. Fees 

Providing crime records to private corporation, which was in business of providing employment and criminal background 

information on potential employees, under Open Records Act was not "gift" prohibited by state law; no legal foundation for 

assertion that the state was losing value of difference between what the corporation could charge and what it would cost DOC to 

provide information, and DOC was permitted to charge what it would cost to provide service requested. Transportation 

Information Services, Inc. v. State ex rel. Oklahoma Dept. of Corrections, Okla, 970 P.2d 166 (1998), corrected. 

Trial court's determination that taxpayer's records request from state agency was'subject to search fee and copy fee under 

the Open Records Act was not clearly contrary to weight of evidence; public interest was as equally well served by public 

agencies performing their essential services without burdensome, disruptive records requests and providing release of 

information to taxpayers. McVarish v. New Horizons Community Counseling and Mental Health Services, Inc., OklaApp. Div. 

2,909 P.2d 155 (1995). 

Inmate was not entitled to free copies of docket sheet and case index from criminal case requested under Open Records 

Act, despite determination in criminal proceedings that inmate was indigent; Act provides for collection of copy costs and does 

not authorize public body to supply free copies of documents to persons stating they are indigent and, in any event, inmate had 

adequate funds to pay costs for copies. Williams v. Austin, 0kla.App. Div. 1, 890 P.2d 416 (1994). 

*50325 Evidence supported finding that Tax Commission's fees of $350 for microfiche copy of income tax filers index 

containing names and addresses of approximately 1.3 million persons who file tax returns and $258 for computer tape copy of 

unclaimed property division's desk list containing information required to be published by Uniform Disposition of Unclaimed 

Property Act were reasonable; because of heavy workload, it would be disruptive of Commission's day-to-day critical functions 

to pull someone off their job to fill request for computer tape and many persons made copies of Commission records without 

incurring cost by using their own copying materials in Commission office. Merrill v. Oklahoma Tax Com'n, Okla., 83 1 P.2d 634 

(1 992). 

Evidence supported finding that attorney's request to Tax Commission for microfilm copy of income tax filers index 

containing names and addresses of approximately 1.3 million persons who file tax returns and unclaimed property division's desk 

list containing information required to be published by Uniform Disposition of Unclaimed Property Act was "solely for 

commercial purposes" as required by statute for Tax Commission to charge fees including labor and administrative costs, 

although attorney contended that he intended to conduct independent audit of Commission to detect any wrongdoing on agency's 

part; when attorney was first asked his reason for requesting documents, he wrote that he wanted to use them in his law practice. 

Merrill v. Oklahoma Tax Com'n, Okla., 83 1 P.2d 634 (1 992). 

A county assessor may only charge the fees for records that are regularly kept in computer-readable format for delivery to 

a private business or resale to the public that are set forth in 28 O.S. Supp.1996, 5 60 and 51 O.S. Supp.1996, 24A.5(3). 

0p.Atty.Gen. No. 96-26 (Jan. 16, 1997). 

Insofar as copying or reproduction fees are concerned, a county assessor, under 5 1 O.S. Supp.1996, 4 24A.5(3), may 

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F charge a "fee only for recovery of the reasonable, direct costs of [the] mechanical reproduction" of the requested computerreadable records. 0p.Atty.Gen. No. 96-26 (Jan. 16, 1997). 

A county assessor, pursuant to 5 1 O.S. Supp. 1996, $24A.5(3), may charge a search fee in connection with responding to 

a request for such records only if the request "is solely for commercial purpose" or "would clearly cause excessive disruption of 

the public body's essential hnctions. 0p.Atty.Gen. No. 96-26 (Jan. 16, 1997). 

Under statute, a public body subject to Open Records Act's requirements may not charge a special "search fee" to any 

member of the news media who is seeking information in the public interest, such as attempts by such persons to determine 

whether those entrusted with the affairs of government are honestly, faithhlly, and competently performing their duties as public 

servants. 0p.Atty.Gen. No. 88-35 (June 23, 1988). 

12. Arrest records I 

Party had no right to notice and hearing before city released public records of his arrest under Open Records Act. City of 

Lawton v. Moore, Okla, 868 P.2d 690 (1993). 

*SO326 12.5. Pleadings 

Pleadings in a criminal case, particularly the information, are "records" within the meaning of the Oklahoma Open 

Records Act and must be made available for public inspection once filed with the court clerk unless it has been sealed by a court 

or is protected by a privilege of confidentiality. 0p.Atty.Gen. No. 99-58 (August 19, 1999). 

13. Commercial interests 

A public body in determining what materials may be exempted from disclosure or may be subject to deletion from other 

material which are subject to disclosure under the Open Records Act may consider the guidelines set out in title 12, Q 3203 

providing for the protection of information which would be damaging to the commercial interests of a party involved, as the 

Legislature clearly intended such protection to be applicable to the disclosure of information under the Open Records Act. Tulsa 

*cl- Tribune Co. v. Oklahoma Horse Racing Com'n, Okla, 735 P.2d 548 (1986). 

14. Drug and alcohol testing 

When a State employee is discharged because of a positive random drug testing result, the State must disclose the 

termination to potential employers doing employment checks on the employee, but may not disclose that the termination was for 

failure of a drug or alcohol test or for rehsal to take such a test. 0p.Atty.Gen. No. 97-79 (Oct. 13, 1997). 

15. Foster care 

Under former $ 24 (Repealed; see, now, this section) the Department of Human Services must provide access to any list 

of licensed foster parents in Oklahoma County compiled and maintained by the Department of Human Services in the course of 

official business, as such a list would be a "public record" under Oklahoma law. 0p.Atty.Gen. No. 82-69 (April 12, 1982). 

16. Governor's off~ce 

Prior to amendment of mansion account law (title 74, $ 7), Governor was not required to keep open for public inspection 

his records pertaining to his expenditure of legislatively appropriated hnds for mansion account, since expenditure of such 

appropriation did not constitute records pertaining to office of Governor which were required by law to be kept within meaning 

of former Q 24 (Repealed; see, now, this section). Oklahoma City News Broadcasters Ass'n, Inc. v. Nigh, Okla, 683 P.2d 72 

(1984). 

*SO327 17. Informants 

There is no specific statutory authority to rehse to divulge information obtained from "confidential informers" relating to 

background investigation performed by Oklahoma State Bureau of Investigation, nor may OSBI rehse to divulge name of 

informer where no investigation of a violation of law is being conducted, unless individual who provided information has 

objected to its release, and agency has made a good faith finding that release of the information will be damaging to the objecting 

individual. 0p.Atty.Gen. Nos. 86-39,86-69 (June 20, 1986). 

18. Judiciary 

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Although initial complaint filed with Council on Judicial Complaints is not included within statutory secrecy provisions 

(title 20, 5 1658) as "part of the proceedings," it does not follow that a complaint is a public document as Council rules mandate .-9 

confidentiality; complaint is not a "public document" as it is a record required by law to be kept secret and, hence, neither 

Council nor its ex oficio secretary were required to answer interrogatories propounded by defendant in libel action inquiring 

whether complaint was still pending and any disposition thereof. Council on Judicial Complaints v. Maley, Okla., 607 P.2d 1180 

( 1980). 

Copies of the findings and conclusions of the Council on Judicial Complaints which charge a member of the Judiciary 

with one of the grounds for removal specified in Const. Art. 74 4 I or title 20, 4 1404 or otherwise charge such member of the 

Judiciary with wilhl misconduct or malfeasance would not be public records under former 8 24 (Repealed; see, now, this 

section) but would rather be subject to the secrecy requirements set forth in title 20, 4 1658 and title 22, 4 346. In those instances 

where the findings and conclusions of the Council on Judicial Complaints do not charge a member of the Judiciary with one of 

the grounds of removal otherwise charge such member with willful misconduct or malfeasance, copies of such findings and 

conclusions can, in the discretion of the Council on Judicial Complaints, be made public. 0p.Atty.Gen. No. 78-240 (Dec. 28, 

1978). 

Documents comprising a background investigation performed by the Oklahoma State Bureau of Investigation for the 

Judicial Nominating Commission are confidential records and cannot be disclosed to the subject of the investigation or to the 

public. 0p.Atty.Gen. No. 97-1 6 (Aug. 29, 1997). 

*50328 19. Medicaid 

Cost reports and audits which were filed with, and kept by, the Department of Human Services in accordance with its 

mandate under federal law to act as the reviewing and disbursing agent for the federal government in connection with the 

medicaid program in which various nursing homes participated were subject to public inspection under former 4 24 (Repealed; 

see, now, this section) and, as such, were subject to being disclosed on request of newspaper absent evidence that they fell within 

some delineated exception. Tulsa Tribune Co. v. Fulton, Okla., 696 P.2d 497 (1984). 

Confidentiality was not a quid pro quo offered to nursing homes for filing cost reports and audits with the Department of 

Human Services in connection with the federal medicaid program and, hence, was not a basis for asserting that the cost reports 

and audits were exempt from disclosure under former 4 24 (Repealed; see, now, this section). Tulsa Tribune Co. v. Fulton, 

Okla., 696 P.2d 497 (1984). 

20. Mine inspector 

Under the provisions of title 45, 4 33 and former 4 24 (Repealed; see, now, this section), all books and records of the 

Chief Mine Inspector pertaining to his ofice, not otherwise expressly made secret or confidential by statute, are open and 

available for public inspection for proper purposes, at proper and reasonable times and in a proper manner to any and all 

interested persons. 0p.Atty.Gen. No. 78-146 (May 10, 1978). 

21. Motor vehicles 

The records kept by the Oklahoma tag agents which indicate the existence or nonexistence of security interests retained in 

motor vehicles are matters of public record under former 8 23.2b of title 47 (Repealed; see, now, 4 11 10 of title 47) and are to be 

accessible to all legitimate inquirers. 0p.Atty.Gen. No. 81-8 (April 9, 1981). 

22. Municipal bills or charges 

Telephone bills received by a municipality for use of municipal landline and cellular phones by elected officials and 

administrative personnel are records open for public inspection pursuant to the Oklahoma Open Records Act at 51 

0.S.Supp. 1995, 4 24A.3(1) and 4 24A.5. 0p.Atty.Gen. No. 95-97 (March 13, 1996). 

*50329 23. Property records 

Before amendment of Uniform Disposition of Unclaimed Property Act providing for confidentiality of filed reports, all 

unclaimed property records collected by Tax Commission in discharge of its responsibility under Act which were not statutorily 

required to be made public were exempt from purview of Open Records Act, although attorney contended that Open Records Act 

allowed access to all unclaimed property division records because they were not specifically required by law to be confidential 

and that he wanted to act as "private attorney general"; the reports contained individual financial information of type that would 

ordinarily be subject to court's protective order because it had potential to harm unclaimed property reporters' commercial 

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P interests. Merrill v. Oklahoma Tax Com'n, Okla, 83 1 P.2d 634 (1992). 

Where a municipality has contracted with a nonprofit corporation to operate public property, records pertaining to the 

operation, maintenance or improvement of such property or the administration or performance of the contract are public records 

open for public inspection, even though such records may be kept and maintained in the custody of the nonprofit corporation. 

0p.Atty.Gen. No. 81-184 (July 23, 1981). 

24. Schoolteachers 

Teachers contracts, employee payroll claims, or any other public record reflecting the exact salaries of public school 

teachers and other public employees, are subject to the provisions of Former 8 24 (Repealed; see, now, this section), and 

therefore are required to be kept open for public inspection. 0p.Atty.Gen. No. 76-1 18 (March 15, 1976). 

25. Tax returns ' 

Former 8 24 (Repealed; see, now, this section) prohibiting application of the open records law to income tax returns 

filed with the Oklahoma Tax Commission or other "records required by law to be kept secret" did not apply to cost reports and 

audits on nursing homes kept by the Department of Human Servic'es in connection with its responsibilities under the federal 

medicaid program. Tulsa Tribune Co. v. Fulton, Okla, 696 P.2d 497 (1984). 

The provisions of the Open Meeting Act [title 25, 8 301 et seq.] are wholly applicable to the Oklahoma Tax Commission 

and the Commission is not exempt from the Act [title 25, 8 301 et seq.] as a part of the "state judiciary" even though it performs 

adjudicative functions; however, in light of the provisions of title 68, 8 205 and 26 U.S.C.A. §Q 6103 and 7213 and former 26 

U.S.C.A. 8 7217, concerning the confidentiality of tax returns and return information, and imposing state and federal criminal 

sanctions on the divulgence of such information, that portion of a proceeding before the Tax Commission involving the 

divulgence of tax returns and return information may be closed. The proceeding should be open until such time as confidential 

tax returns or return information must be divulged and then may be closed temporarily for the divulgence of the information and 

re-opened again. In all other respects, meetings, hearings or proceedings of the Tax Commission can go into executive session 

for the purpose of discussing the employment, hiring, appointment, promotion, demotion, disciplining or resignation of any 

P- individual salaried public officer or employee of the Commission, and under the holding of Oklahoma Association of Municipal 

Attorneys, et al. v. State of Oklahoma, 49 O.B.J. 719 (April 25, 1978), for purposes of confidential communications between a 

majority of the commissioners and staff attorneys, but only if such communications concern "a pending investigation, claim or 

action and disclosure of the matters discussed would seriously impair the ability of the Commission to process the claim or 

conduct the pending investigation, litigation or proceeding in the public interest." 0p.Atty.Gen. No. 77-285 (May 3 1, 1978). 

*50330 26. Presumptions and burden of proof 

In ruling on a request for disclosure the public body and the reviewing court must consider that, pursuant to the intent of 

the Open Records Act, disclosure of information is to be favored over a finding of exemption and the party urging the exemption 

of materials from disclosure will have the burden of proof to show the applicability of such an exemption. Tulsa Tribune Co. v. 

Oklahoma Horse Racing Com'n, Okla., 735 P.2d 548 (1986). 

27. Review 

Legislature, by amendments to Open Records Act, intended to obviate Tulsa Tribune holding that potentially aggrieved 

individual had standing to challenge public body's release of records under Act. State ex rel. Oklahoma State Bd. of Medical 

Licensure and Supervision v. Migliaccio, OklaApp. Div. 3,917 P.2d 483 (1996). 

Agency decision as to whether its records are exempt from Open Records Act may be reviewed by district court in suit 

for injunctive andlor declaratory relief. Merrill v. Oklahoma Tax Com'n, Okla, 831 P.2d 634 (1992). 

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OKLAHOMA STATUTES ANNOTATED 

TITLE 51. OFFICERS 

CHAPTER 1. GENERAL PROVISIONS 

OKLAHOMA OPEN RECORDS ACT 

Current through Chapter 9 of 2000 1st Ex. Sess. 

@ 24A.9. Personal notes and personally created material--Confidentiality 

Prior to taking action, including making a recommendation or issuing a report, a public official 

may keep confidential his or her personal notes and personally created materials other than departmental 

budget requests of a public body prepared as an aid to memory or research leading to the adoption of a 

public policy or the implementation of a public project. 

2000 Main Volume 

Laws 1985, c. 355,5 9, efl Nov. 1, 1985. 

<General Materials (GM) - References, Annotations, or Tables> 

REFERENCES 

LIBRARY REFERENCES 

2000 Main Volume 

Records -57. 

C.J.S. Records 9 36. 

Copyright (c) West Group 2001 No claim to original U.S. Govt. works 
OK ST T. 51 5 24A. 10, Voluntarily supplied information-Bids, computer programs, appraisals and Page 1 

prospective business locations--Department of Commerce records--Confidentiality--Disclosure 

,- 

"50341 51 0kl.St.A~~. 8 24A.10 

OKLAHOMA STATUTES ANNOTATED 

TITLE 51. OFPICERS 

CHAPTER 1. GENERAL PROVISIONS 

OKLAHOMA OPEN RECORDS ACT 

Current through Chapter 9 of 2000 1st Ex. Sess. 

8 24A.10. Voluntarily supplied information--Bids, computer programs, appraisals and 

prospective business locations--Department of Commerce records-- 

Confidentiality--Disclosure 

A. Any information, records or other material heretofore voluntarily supplied to any state agency, 

board or commission which was not required to be considered by that agency, board or commission in the 

performance of its duties may, within thirty (30) days from the effective date of this act, [FNl] be removed 

from the files of such agency, board or commission by the person or entity which originally voluntarily 

supplied such information. Provided, after thirty (30) days from the effective date of this act, any 

information voluntarily supplied shall be subject to full disclosure pursuant to this act. 

B. If disclosure would give an unfair advantage to competitors or bidders, a public body may keep 

confidential records relating to: 

F1. Bid specifications for competitive bidding prior to publication by the public body; or 

2. Contents of sealed bids prior to.the opening of bids by a public body; or 

3. Computer programs or software but not data thereon; or 

4. Appraisals relating to the sale or acquisition of real estate by a public body prior to award of a 

contract; or 

5. The prospective location of a private business or industry prior to public disclosure of such 

prospect except for records otherwise open to inspection such as applications for permits or licenses. 

C. Except as set forth hereafter, the Oklahoma Department of Commerce may keep confidential: 

1. Business plans, feasibility studies, financing proposals, marketing plans, financial statements or 

trade secrets submitted by a person or entity seeking economic advice from the Oklahoma Department of 

Commerce; and 

2. Information compiled by the Oklahoma Department of Commerce in response to those 

submissions. 

The Oklahoma Department of Commerce may not keep confidential that submitted information 

when and to the extent the person or entity submitting the information consents to disclosure. 

IA 

*50342 D. Although they must provide public access to their records, including records of the 

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prospective business locations--Department of Commerce records--Confidentiality--Disclosure 

T 

name, address, rate paid for services, charges, and payment for each customer, public bodies that provide 

utility services to the public may keep confidential credit information, credit card numbers, telephone 

numbers, and bank account information for individual customers. 

2000 Main Volume 

Laws 1985, c. 355, J 10, efl Nov. 1, 1985; Laws 1988, c. 187, J 5, emerg. efl June 6, 1988; Laws 1996, c. 209, J 4, efl Nov. 1. 

1996. 

PI] O.S.L.19818, c. 187, emergency effective July 1, 1988. 

<General Materials (GM) - References, Annotations, or Tables> 

HISTORICAL NOTES 

HISTORICAL AND STATUTORY NOTES 

2000 Main Volume 

The 1988 amendment inserted subsection A; designated the existing text as subsection B; and added subsection C. 

The 1996 amendment added subsection D. 

REFERENCES 

LIBRARY REFERENCES 

2000 Main Volume 

Records -59. 

C.J.S. Records 8 36. 

Copyright (c) West Group 2001 No claim to original U.S. Govt. works 
OK ST T. 5 1 5 24A. 17, Violations--Penalties--Civil liability 

P "50351 51 0kl.St.Ann. § 24A.17 

Page 1 

OKLAHOMA STATUTES ANNOTATED 

TITLE 51. OFFICERS 

CHAPTER 1. GENERAL PROVISIONS 

OKLAHOMA OPEN RECORDS ACT 

Current through Chapter 9 of 2000 1st Ex. Sess. 

5 24A.17. Violations--Penalties--Civil liability I 

A. Any public official who willfully violates any provision of the Oklahoma Open Records Act, 

[FNl] upon conviction, shall be guilty of a misdemeanor, and shall be punished by a fine not exceeding 

Five Hundred Dollars ($500.00) or by imprisonment in 'the county jail for a period not exceeding one (1) 

year, or by both such fine and imprisonment. 

B. Any person denied access to a record of a public body or public official may bring a civil suit 

for declarative and/or injunctive relief and, if successful, shall be entitled to reasonable attorney fees. If 

the public body or public official successfully defends a civil suit and the court finds that the suit was 

clearly frivolous, the public body or public official shall be entitled to reasonable attorney fees. 

C. A public body or public official shall not be civilly liable for damages for providing access to 

records as allowed under the Oklahoma Open Records Act. 

P 

CREDIT(S) 

2000 Main Volume 

Laws 1985, c. 355, f 17, efi Nov. I, 1985. 

[FN I] Title 5 1, § 24A. 1 et seq. 

<General Materials (GM) - References, Annotations, or Tables> 

REFERENCES 

LIBRARY REFERENCES 

2000 Main Volume 

Records -61 et seq. 

C.J.S. Records 8 35 et seq. 

ANNOTATIONS 

NOTES OF DECISIONS 

Attorney fees 2 

Construction and application 1 

F 

1. Construction and application 

Copyright (c) West Group 2001 No claim to original U.S. Govt. works 
OK ST T. 51 § 24A.17, Violations--Penalties--Civil liability Page 2 

This section would not apply to Horse Racing Commission's decision to refuse to release information as long as the 

Commission was acting in good faith. Tulsa Tribune Co. v. Oklahoma Horse Racing Com'n, Okla., 735 P.2d 548 (1986). 

T 

2. Attorney fees 

Private corporation which obtained mandamus relief directing Department of Corrections to provide information 

requested under Open Records Act was entitled to statutory award of fees incurred on appeal under statute providing for award to 

prevailing plaintiffs in such suits. Transportation Information Services, Inc. v. State ex rel. Oklahoma Dept. of Corrections, 

Okla, 970 P.2d 166 (1998), corrected. 

Copyright (c) West Group 2001 No claim to original U.S. Govt. works 
OK ST T. 51 5 24A. 19, Research records--Confidentiality Page 1 

OKLAHOMA STATUTES ANNOTATED 

TITLE 51. OFFICERS 

CHAPTER 1. GENERAL PROVISIONS 

OKLAHOMA OPEN RECORDS ACT 

Current through Chapter 9 of2000 1st Ex. Sess. 

8 24A.19. Research records--Confidentiality 

In addition to other records that a public body may keep confidential pursuant to the provisions of 

the Oklahoma Open Records Act, a public body may keep confidential: 

1. Any information related to research, the disclosure of which could affect the conduct or 

outcome of the research, the ability to patent or copyright the research, or any other proprietary rights any 

entity may have in the research or the results of the research including, but not limited to, trade secrets and 

commercial or financial information obtained fiom an entity financing or cooperating in the research, 

research protocols, and research notes, data, results, or other writings about the research; and 

2. The specific terms and conditions of any license or other commercialization agreement relating 

to state owned or controlled technology or the development, transfer, or commercialization of the 

technology. Any other information relating to state owned or controlled technology or the development, 

F transfer, or commercialization of the technology which, if disclosed, will adversely affect or give other 

persons or entities an advantage over public bodies in negotiating terms and conditions for the 

development, transfer, or commercialization of the technology. However, institutions within The 

Oklahoma State System of Higher Education shall: 

a. report to the Oklahoma State Regents for Higher Education as requested, on 

forms provided by the Regents, research activities funded by external entities or the 

institutions, the results of which have generated new intellectual property, and 

b. report to the Oklahoma State Regents for Higher Education annually on forms 

provided: 

(1) expenditures for research and development supported by the institution, 

(2) any financial relationships between the institution and private business 

entities, 

(3) any acquisition of an equity interest by the institution in a private 

business, 

(4) the receipt of royalty or other income related to the sale of products, 

processes, or ideas by the institution or a private business entity with which 

the institution has established a financial arrangement, 

"50354 (5) the gains or losses upon the sale or other disposition of equity 

interests in private business entities, and 

(6) any other information regarding technology transfer required by the 

Oklahoma State Regents for Higher Education. 

The reports required in subparagraphs a and b of this paragraph shall not be deemed confidential and shall 

be subject to full disclosure pursuant to the Oklahoma Open Records Act. 

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OK ST T. 51 5 24A. 19, Research records--Confidentiality Page 2 

.a 

2000 Main Volume 

Laws 1988, c. 68, f 2, eff Nov. 1, 1988; Laws 1999, c. 287, f 1, emerg. efl May 27, 1999. 

<General Materials (GM) - References, Annotations, or Tables> 

HISTORICAL NOTES 

HlSTORICAL AND STATUTORY NOTES 

4 2000 Main Volume 

The 1999 amendment rewrote the section, which prior thereto read: I 

"In addition to other records that a public body may keep confidential pursuant to the provisions of the Oklahoma Open 

Records Act, a public body may keep confidential any information related to research, the disclosure of which could affect the 

conduct or outcome of the research, the ability to patent or copyright the research, or any other proprietary rights any entity might 

have in the research or the results of the research; including, but not limited to, trade secrets and commercial or financial 

information obtained from an entity financing or cooperating in the research, research protocols, and research notes, data, results 

or other unpublished writings about the research." 

REFERENCES 

LIBRARY REFERENCES 

2000 Main Volume 

Records -59. 

WESTLAW Topic No. 326. 

C.J.S. Records 4 106. 

Copyright (c) West Group 2001 No claim to original U.S. Govt. works 
OK ST T. 51 8 24A.20, Records in litigation or investigation file--Access Page 1 

OKLAHOMA STATUTES ANNOTATED 

TITLE 51. OFFICERS 

CHAPTER 1. GENERAL PROVISIONS 

OKLAHOMA OPEN RECORDS ACT 

Current through Chapter 9 of 2000 1st Ex. Sess. 

24A.20. Records in litigation or investigation file--Access I 

Access to records which, under the Oklahoma Open Records Act, [FNl] would otherwise be 

available for public inspection and copying, shall not be denied because a public body or public official is 

using or has taken possession of such records for investigatory purposes or has placed the records in a 

litigation or investigation file. However, a law enforcement agency may deny access to a copy of such a 

record in an investigative file if the record or a true and complete copy thereof is available for public 

inspection and copying at another public body. 

2000 Main Volume 

Laws 1988, c. 187, f 7, emerg. efl June 6, 1988. 

e [FNl] Title51, 8 24A.1 etseq. 

<General Materials (GM) - References, Annotations, or Tables> 

REFERENCES 

LIBRARY REFERENCES 

2000 Main Volume 

Records -60. 

WESTLAW Topic No. 326. 

C.J.S. Records $8 107 to 1 1 1. 

Copyright (c) West Group 2001 No claim to original U.S. GO~. works 
OK ST T. 51 # 24A.25, Order of court for removal of materials from public record Page 1 

OKLAHOMA STATUTES ANNOTATED 

TITLE 51. OFFICERS 

CHAPTER 1. GENERAL PROVISIONS 

OKLAHOMA OPEN RECORDS ACT 

Current through Chapter 9 of 2000 1st Ex. Sess. 

tj 24A.25. Order of court for removal of materials from public record 

Any order of the court for removal of materials from the public record shall require compliance 

with the provisions of paragraphs 2 through 7 of subsection C of Section 3226 of Title 12 of the Oklahoma 

Statutes. 

2001 Electronic Update 

Added by Laws 2000, c. 172, J 4, efl Nov. 1,2000. 

<General Materials (GM) - References, Annotations, or Tables> 

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Page 69

Oklahoma Administrative Procedures
OKLAHOMA ADMINISTRATIVE PROCEDWRES ACT 

The Oklahoma Administrative Procedures Act (APA) is found at 75 O.S. $8 250 et seq. 

(Supp. 2000). The Office of Administrative Rules of the Oklahoma Secretary of State is 

responsible for establishing the procedures and standards for filing and publishing rules, 

rulemaking notices, and executive orders in The Oklahoma Register and The Oklahoma 

Administrative Code. The procedures and standards are found in OAC 655:10, Administrative 

Rules on Rulemaking. A good summary of the APA's rulemaking requirements and the DEQ's 

procedures for implementing those requirements is found in the DEQ's Administrative 

Procedures Manual (APM), APM R05. There is one difference between APM ROS and in how 

the Air Quality Division (AQD) of the DEQ implements it. The APA requires at least 20 days' 

public notice prior to rulemaking hearings, but the AQD provides 30 days' notice for SIP 

rulemaking hearings. 
Department of Environmental Quality 

Administrative Procedures Manual 

PART I. 

SUBJECT: DRAFTING RULES 

OBJECTn7E: To describe the process used to write rules. 

BACKGROUND: Writing rules is similar to drafting legislation. Rules, when finally adopted, 

have the force and effect of law. Requirements must be sound and wording must be carefully 

chosen. 

PROCEDURE: 

Administrative support for rule. The need for the rule should be clear. The Division Director 

should be consulted to see if there is administrative support for the rule and if the Division has 

the resources to administer and enforce it. 

Amending a current rule. A copy of the current rule should be obtained from the Rules 

Secretary, Office of the General Counsel, before amending a permanent rule. The text found on 

the Q drive must not be used for amending rules. 

Emergency rule. An emergency rule cannot be amended. The board may supersede an 

/-. emergency rule by replacing it with a new version, subject to this rulemaking process. Before 

making the decision to supersedelreplace an emergency rule, administrative and legal support 

should be obtained. 

Language. The rule should be technically sound and written in plain language, clearly and 

concisely and in a manner that people can understand, with accurate spelling and correct 

Incorporation by reference. A federal law, rule or any other document may be incorporated by 

reference for adoption. A state rule adopting a federal rule by reference only incorporates the 

language as it existed at the time of the incorporation. If the federal provision is subsequently 

modified or repealed, the state rule is not affected. To maintain consistency with federal rules, 

the state rule must be amended through the rulemaking process. All documents or rules 

incorporated by reference must be maintained in the Division's office for public review. This 

includes federal rules, ASTMsl, AWWAS', and other technical documents, maps, data or 

models. 

More stringent than similar federal rules. The Environmental Quality Act requires the 

environmental benefit and economic impact of a proposed rule on the regulated community and 

the people of the state of Oklahoma to be determined in writing when a proposed rule is more 

stringent than a similar federal rule, unless state law specifically authorizes a more stringent rule. 

sCc Standards set by the American Society of Testing Materials 

a Standards set by the Amrican Water Works Authority 

# R05 Rulemaking Page 1 of 20 Rev. 12-09-99 

79 
Department of Environmental Quality 

Administrative Procedures Manual 

Before proposing any rule that exceeds federal specifications without a state law mandate, clear 

justification and specific written approval by the appropriate Division Director and the Executive 

Director is mandatory. 

Written approval. Proposed rules must be approved in writing by the Division Director and the 

program's supervising attorney before distribution to the council or the public for comment. If a 

proposed rule significantly changes current requirements or adds new ones or if the proposed rule 

is more stringent than a federal rule, the Executive Director must also approve the proposed rule 

before distribution to the council or the public for comment. 

Rule format. The! secretary of State's Office of Administrative Rules (OAR) mandates the way 

existing text is changed and chapters, subchapters or sections are added. The OAR requires an 

11 or 12 "standard" font. The Office of General Counsel prefers that the rules text and the 

Preamble (See Part VIII) be in Courier 12 font. The Rules on Rulemaking are available in the 

legal office. 

PART II. 

SUBJECT: PREPARTNG PUBLIC NOTICE 

OBJECTIVE: To describe the process used to prepare and submit the Notice of Rulemaking 

Intent (Notice) once the proposed rules have been approved by the Division Director, attorney 

and/or the Executive Director. 

BACKGROUND: The Administrative Procedures Act (APA) mandates public notice be given 

when proposing rules for adoption by the Board. The OAR governs timelines for submitting and 

publishing public notice. 

PROCEDURE: The proposed rules should be finalized and approved by appropriate persons 

before the Notice is prepared. 

The Notice should be written in plain language, clearly and concisely. People must be able to 

understand what the proposed rule would do. The content of the rule and the Notice of 

Rulemaking Intent must be consistent. The lawyer assigned to the program's rulemaking process 

should read and approve (initial) the Notice. If specific legal authority authorizing the proposed 

rule is not listed in a format guide, the lawyer should provide the legal citation. 

The APA requires this information in the Notice: 

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

a The proposed action being taken; 

a The circumstances which created the need for the rule; 

a The specific legal authority authorizing the proposed rule; 

a The intended effect of the rule; 

a If business entities are affected by the rule, a request that business entities provide the DEQ, 

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, 

# R05 Rulemaking Page 2 of 20 Rev. 12-09-99 
Department of Environmental Quality 

Administrative Procedures Manual 

- construction, labor, professional services, revenue loss, or other costs expected to be incurred 

by a particular entity due to compliance with the proposed rule; 

The time and place of the rulemaking hearing where interested persons may present their 

views (first to the Council and later to the Board); and 

Where copies of the proposed rules and the Rule Impact Statement (RIS) may be obtained for 

review by the public. 

The Oklahoma Register is published on the 1st and 15th of each month or the first workday after. 

The Notice must be published in the Register at least 20 days before a Council meeting or the 

first public hearing if there is no council. The Director of the OAR publishes the Oklahoma 

Register. Notices hust be submitted to the OAR 21 days before the publication date. 

The Notice should be provided to the General Counsel's Office electronically at least 45 days 

before the scheduled Council meeting. The General Counsel's Office will do a final review of 

the Notice and will submit it to the OAR. 

The OAR will review the Notice prior to publication. If the OAR decides that the Notice was not 

done correctly, the Notice will be sent back to the General Counsel's Office and will not be 

published. If the Division wants file-stamped copies of the Notice, two extra copies should be 

provided to the General Counsel's Office with a note requesting one be file-stamped "received" 

and the other "accepted". This will show that it was delivered to the OAR and that the OAR 

accepted the Notice for publication. ,+ 

The APA requires that agencies must mail this Notice and, if available, the Rule Impact 

Statement, to persons who requested it within three days after the Notice is published in the 

Register. A sample Notice is attached as an attachment. 

PART III. 

SUBJECT: PREPARING RULE IMPACT DOCUMENTS 

OBJECTIVE: To describe the process used in preparing and submitting Rule Impact Statements 

(RIS) and Economic ImpactJEnvironmental Benefit Statements (EIEBS). 

BACKGROUND: The APA mandates that agencies consider the impact that proposed rules will 

have on consumers, business entities, and political subdivisions. The APA also requires that 

agencies prepare written statements to explain the impacts of the proposed rule on these groups. 

If political subdivisions are impacted, the rule must be submitted to a legislative committee for 

review and recommendation to the Governor and Legislature. The Environmental Quality Act 

mandates that if the rule is more stringent than a federal rule without specific statutory authority 

for a more stringent standard, an EIEBS must be submitted to the Governor and the Legislature. 

Rule Impact Statement (RIS): The APA requires that agencies issue a RIS within 15 days after 

the date of publication of the Notice in the Oklahoma Register. However, if the RIS is available - when the Notice is mailed out (see Part II), then the RIS must be sent with the Notice. The APA 

mandates that certain information be included in the RIS, as follows: 

# R05 Rulemaking Page 3 of 20 Rev. 12-09-99 

76 
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Administrative Procedures Manual 

a brief description of the purpose of the proposed rule; 

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; 

a description of the classes of persons who will benefit from the proposed rule; 

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; 

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 enforcemedt o'f 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; 

a determination whether implementation of the proposed rule will have an economic impact 

on any political subdivisions or require their cooperation in implementing or enforcing it; 

an explanation of the measures taken to minimize compliance costs and a determination of 

whether there are less costly or non-regulatory methods or less intrusive methods for 

achieving the purpose of the proposed rule; 

a determination of the effect on public health, safety and the 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; 

a determination of any detrimental effect on the public health, safety and environment if the 

proposed rule is not implemented; 

the date the IUS was prepared and if modified, the date modified. 

If the rule would have an economic impact on any political subdivision or would require its 

cooperation in implementing or enforcing the rule, then within 10 days after Board adoption the 

agency must submit a copy of the rule to the Oklahoma Advisory Committee on Intergovernmental Relations (ACIR) for its review. This ACIR will send its recommendations to the 

Governor, Speaker of the House of Representatives and President Pro Tempore of the Senate. 

Economic ImpactIEnvironmental Benefit Statement (EIEBS): If the agency's rule is more 

stringent than a corresponding federal rule and there is no specific state law authorizing a more 

stringent rule, then the agency must issue an EIEBS within 15 days after the publication date of 

the Notice. Within 10 days after adoption of the proposed rule, the EIEBS must be submitted to 

the Governor and the Legislature, and must include a brief summary of public comments made 

concerning the EIEBS and the agency's response, including an evaluation of the relative impacts 

and benefits of a more stringent rule on the regulated community and the public. The public has 

a right to comment on the EIEBS as well as on the rule. 

PROCEDURE: 

RIS. 

The format in an attachment is illustrative. The agency must consider the impact the rule will 

have on consumer groups, business entities and political subdivisions. 

# R05 Rulemaking Page 4 of 20 Rev. 12-09-99 
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Administrative Procedures Manual 

#--. EIEBS. 

An attachment illustrates an EIEBS, which is required when the proposed rule is more stringent 

than a corresponding federal rule and there is no specific state law authorizing a more stringent 

rule. 

Legal Review. 

Before the Notice is published: 

(1)The RTS must be reviewed and approved by Legal' for consistency with the Administrative 

Procedures Act; 

(2)The mBS must be reviewed and approved by Legal for consistency with the 

Environmental Uity Act. 

Within 15 days after the Notice is published, the RIS and, if applicable, the EIEBS should be 

submitted to the Rules Secretary, Office of the General Counsel, in hard copy and on disk. 

Contact Person. 

Within 15 days after the Notice is published, the contact person listed on the Notice must have 

copies of the RIS and, if applicable, the EIEBS available for the public upon request. 

Official rulemaking record. The impact statements are part of the official rulemaking record of 

the agency and should be filed in accordance with this AP. 

PART IV. 

I" 

SUBJECT: MAILING NOTICES OF RULEMAKIIYG INTENT 

OBJECTIVE: To describe the process for mailing the Notice to all persons or entities who have 

requested advance notice of rulemaking procedures. 

BACKGROUND: The Administrative Procedures Act (APA) requires agencies to maintain lists 

of persons or entities who have requested advance notice of rulemaking procedures and to mail 

public notice of rulemaking to all persons on the list within 3 days after publication of notice of 

rulemaking in the Oklahoma Register. 

PROCEDURE: 

Maintaining the mailing list. Each Division is responsible for maintaining its mailing list(s). 

Deadline for mailing. The OAR publishes the Oklahoma Register on the 1st and 15th of each 

month or the first workday after. The agency's Notice of Rulemaking Intent (and the Rule 

Impact Statement, if available) must be mailed to all persons who requested advance notice of 

rulemaking within 3 days of the publication date. Each Division is responsible for mailing its 

notices in accordance with the APA. 

Official rulemaking record. The list of persons to whom the Notice was sent is part of the 

,- official rulemaking record of the agency and should be Ned in accordance with this AP. 

# R05 Rulemaking Page 5 of 20 Rev. 12-09-99 

?? 
Department of Environmental Quality 

Administrative Procedures Manual 

PART V. 

SUBJECT: PUBLIC COMMENT PERIOD ON PROPOSED RULES 

OBJECTIVE: To describe the process for receiving, preserving and responding to public 

comment on proposed rules. 

BACKGROUND: The Administrative Procedures Act (APA) requires the agency to provide an 

opportunity for-all interested persons to submit data, views or arguments (written or oral) on a 

proposed rule for at least 20 days after date of publication of the Notice in the Oklahoma 

Register. The MA requires that comments received must be maintained in the official 

rulemaking record. 

PROCEDURE: 

Requests for documents: When the Notice appears in the Oklahoma Register, interested 

persons will request copies of the proposed rule, RIS or EIEBS fiom the agency. Each Division 

is responsible for maintaining sufficient copies for public distribution and for ensuring that the 

fiont desk reception staff know where to find copies of these proposed rules and who can answer 

questions about them. 

Receiving public comments: Each Division is responsible for keeping accurate records of the 

comments received and for responding in writing to each of these comments. If comments are 

received before the scheduled Council or Board meeting, a response document should be 

prepared, setting out or summarizing each comment and briefly answering each one. 

Official rulemaking record: A copy of all comments received and the response document are 

part of the official rulemaking record of the agency and should be filed in accordance with this 

AP. 

PART VI. 

SUBJECT: PUBLIC COMMENT PERIOD ON ECONOMIC IMPACT/ ENVIRONMENTAL BENEFIT STATEMENT (EEBS) 

OBJECTIVE: To describe the process for receiving, preserving and responding to public 

comment on the EIEBS. 

BACKGROUND: The Environmental Quality Act mandates that when a proposed rule is more 

stringent than a federal rule without specific state authority for a more stringent standard, an 

EIEBS must be issued within 15 days after date of publication of the Notice. The public may 

comment on the EIEBS as well as on the proposed rule. The EIEBS (along with other documents) 

must be submitted to the Governor and the Legislature within 10 days after adoption of the rule 

by the Board and must include a summary of any public comments on the EIEBS and an agency 

response. The Administrative Procedures Act requires the agency to maintain comments 

received in the official rulemaking record. 

# R05 Rulemaking Page 6 of 20 Rev. 12-09-99 
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Administrative Procedures Manual 

F 

PROCEDURE: 

Requests for documents: When the Notice .appears in the Oklahoma Register, interested 

persons may request copies of the EIEBS from the agency. Each Division is responsible for 

maintaining sufficient copies for public distribution and for ensuring that the front desk reception 

staff know where to find copies of the EIEBS and who can answer questions about it. 

Deadline for issuance: The OAR publishes the Oklahoma Register on the 1st and 15th of each 

month or the first workday after. The EIEBS must be issued within 15 days after the Notice is 

published in the ~klahoma Register. It is the policy of the DEQ, however, that the EIEBS is 

prepared before the Notice is published. See "Preparing Rule Impact Documents" on page 3. 

Receiving ,public comments: Each Division is responsible for keeping accurate records of the 

comments received and for responding in writing to each of these comments. A response 

document should be prepared, setting out each comment and briefly answering each one. 

Official rulemaking record. The EIEBS, public comments and DEQ response are part of the 

official rulemaking record of the agency and should be filed in accordance with this AP. 

PART VII. 

F SUBJECT: PREPARING FOR RULEMAKING COUNCIL MEETINGS 

OBJECTIVE: To describe the process for preparing rulemaking documents and packets for 

Council meetings. 

BACKGROUND: The Administrative Procedures Act (APA) requires that the agency provide 

an opportunity for a public hearing on proposed rules. Rulemaking hearings are held by the 

Councils at least 20 days after the Notice is published in the Oklahoma Register. The Councils 

recommend proposed rules for adoption by the Board in accordance with the Environmental 

Quality Code, the Open Meeting Act, the APA and OAC 252:3, Procedures of the 

Environmental Quality Councils. 

PROCEDURE: 

Prepare for council meeting. Each Division is responsible for preparing for its Councils' 

meetings. OAC 252, Chapter 3 rules require the DEQ to send the proposed agenda to each 

Council member at least ten (10) calendar days before a regularly scheduled meeting, specifying 

when and on what topics public comments will be accepted during a meeting. Proposed rules, 

the RIS, and EIEBS and comments received from the public should be mailed to the Council 

members with the proposed agenda. Copies should also be available for distribution at the 

Council meetings. 

FC Council meeting. During the Council meeting, the Division Director or designee is responsible 

for presenting the proposed rule to the Council. 

# R05 Rulemaking Page 7 of 20 Rev. 12-09-99 
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Administrative Procedures Manual 

Chapter 3 requirements. OAC 252, Chapter 3 requires the DEQ to provide sign-in sheets at 

each meeting for persons who wish to present written or oral comments during a specified public 

comment period. Persons wishing to comment orally may be required to fill out a written request 

form. The person conducting the hearing may set reasonable time Iimits on oral presentations, 

may exclude repetitive or irrelevant comments and, at the direction of the Council, may require 

that certain oral presentations be submitted in writing. The public comment period ends at the 

conclusion of the hearing if the agenda specifies that the Council intends to vote on the proposed 

rules. If the Council does not vote on the proposed rules, the public comment period may be 

extended by the person conducting such hearing for no more than thirty (30) calendar days after 

the hearing or until' thk close of a continued hearing. 

~ecommendation~. If the council decides to recommend the rule to the Board, the Chair or a 

majority of members must sign a recommendation form (see example attachment). The original 

should be placed in the official rulemaking record. A copy should be forwarded to the General 

Counsel and the Agency Executive Secretary so they will know about proposed board action. 

Republishing notice. If, after the rulemaking hearing before the Council, the proposed rule is 

changed substantially from the rulemaking Notice, the Notice may need to be published agah4 

PART vm. 

SUBJECT: PREPARING RECOMMENDED RULES FOR BOARD MEETINGS 

OBJEXTIVE: To describe the process used to prepare rules documents for Board meetings. 

BACKGROUND: The Environmental Quality Code specifies that the environmental quality 

Board is the rulemaking body for the DEQ, specifically charged with promulgating rules. The 

Board adopts rules in accordance with the Environmental Quality Code, the Open Meeting Act, 

the APA and OAC 252: 1, Procedures of the Environmental Quality Board. 

PROCEDURE: 

Four weeks before the Board meeting. Each Division is responsible for submitting the text of 

the proposed rules and all briefing papers to the General Counsel's Office for approval on disk 

at least four weeks before the board meeting. 

Text of Proposed Rules.. The General Counsel's Office will check format and edit preamble 

pages. The preamble is the first page on a rules packet. It shows how the Division complied 

with the Administrative Procedures Act in publishing Notice, writing the RISIEIEBS, and 

holding a rulemaking hearing before the Council. 

3 "Recammendation" mew written formal advice given by a Council t~ the Board regarding the proposed adoption of new or amended 

rules or the repeal of existing rules. See OAC 252:003-1-2. 

Should the Notice be republished? While bere is not a clear line, at some point proposed rules may become so much different tium 

what was stated in the Notice of Rulemaking Intent that a new Notice should be published, describing the new content. There are two questions 

which should be answered in this regard. One, are the changes a logical outgrowth of what was published in the Notice? Two, did the Notice fairly 

a rise interested persons of the changes in the subject and &e issues? 1f eiieer answer is "no". then the Notice should be republished. Jb5 Rulemaking Page 8 of 20 Rev. 12-09-99 
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Briefing Papers. The rule number must appear on each of the following documents: 

Executive Summary. In less than one page, the Division should briefly state the reasons for 

the rule and what it does. Information in the RIS, the rulemaking notice and the preamble 

page may be used here. See example atta~hment.~ 

Summary sheet of comments and responses. The Division must briefly discuss comments 

received--and answers given. The response to comments document may be used here. If the 

proposed rule was changed as a result of a comment received, this should be noted. See 

example attaclhent. 

Summary sheet of differences from analogous federal rules. The Division should state if 

there are no analogous federal rules, if a federal rule was incorporated by reference, or if 

there are parallel federal rules, explaining how the state rule is different fiom the federal .rule 

and why. 

RIS. This document should already be on file with the General Counsel's Office. See format 

in attachment. 

EIEBS. This document, if applicable, should already be on file with the General Counsel's 

Office. See format in attachment. If it is not required, the Division should explain why in the P Executive Summary. 

Minutes of the Advisory Council meeting and the Council's recommendation. The 

Division is responsible for making a copy of the pages from the Council minutes where the rule 

was discussed and voted on. Those pages, the Council's recommendation and the sign-in 

sheets should be attached. 

14 calendar days before the meeting. After the General Counsel's Office has approved the 

format of the Preamble, Rules Text and Briefing Papers, the Division must provide copies, as 

follows: 

(1) 25 sets, double-sided, of the Preamble, Rules Text and Briefmg Papers for the Agency 

Executive Secretary at least 14 calendar days before the board meeting; 

(2) 2 sets, single-sided, of the Preamble, Rules Text and Briefing Papers, one for the 

Division Director and one for the General Counsel's Office rulemaking file; and 

(3) 30 copies of just the Preamble and Rules Text for the Agency Executive Secretary to hand 

out at the Board meeting. 

10 calendar days before the meeting. OAC 252, Chapter 1, Procedures of the Environmental 

Quality Board, requires that the text of proposed rules and rule changes, an executive summary 

and a RIS, the Council's recommendations and pertinent Council meeting minutes be sent to 

Board members with the proposed agenda of the Board meeting at which rules are to be 

If they are brief. the Summary of Comments and Responses and the Summary of Dierences from Analogous Federal Rules may be 

included in the Executive Summary. 

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considered at least 10 days before the regularly scheduled meeting. The EIEBS is also a part of 

this Board packet. The Agency Executive Secretary mails the Board packets. 

Sign-in sheets. OAC 252, Chapter 1 requires that the DEQ provide sign-in sheets at each 

meeting for persons who wish to present written or oral comment on an agenda action item. 

PART M. 

SUBJECT: GUBERNATORIAL AND LEGISLATIVE REVIEW OF ADOITED RULES 

OFUECTIVE: ~o'ex~lain the process of gubernatorial and legislative review of rules adopted by 

the Environmental Quality Board. 

BACKGROUND: 

Agency submissions. The APA requires agencies to provide copies of the rule and a rule report 

to the Governor, the Speaker of the House of Representatives and the President Pro Tempore of 

the Senate within 10 days after the rule is adopted by the Board. If the RIS indicated that the rule 

would have an economic impact on any political subdivision or would require its cooperation in 

implementing or enforcing a rule, then a copy of the rule and the rule report must also be filed 

within 10 days with ACIR. Before establishing or increasing a fee, Title 74, State Government, 

53117 requires that agencies give written notice to the Governor, Speaker of the House, 

President Pro Tempore of the Senate and the Administrative Rule Review Committee. 

The Legislature. Legislative review of rules occurs only during the period when the Legislature 

is in session (February through May). Legislative leaders must assign the rules to a House 

committee and a Senate committee for review. By law, the state legislators have 30 legislative 

days to review the rules. At four legislative days per week, they have almost two months to 

review the rules. Although the APA provides that the Legislature may take affmative action on 

the rules, approving or disapproving them by joint resolution or concurrent resolution prior to the 

30 legislative day review time, the law also provides that the Legislature may take no action at 

all on the rules. In that case - a failure to disapprove - the result is that the rules are approved. 

The Governor. The Governor has 45 calendar days to approve or disapprove a rule. When he 

makes a determination, he notifies the DEQ, the Speaker of the House and the President Pro 

Tempore of the Senate. The DEQ then notifies the OAR. Unlike the Legislature, failure of the 

Governor to approve a rule within the specified time results in the rule being disapproved. 

The OAR. Upon the approval of the Legislature and the Governor, a rule is considered finally 

adopted. The APA directs agencies to submit the rule to the OAR for filing and publication. 

Rules become effective 10 calendar days after publication in the Oklahoma Register unless the 

rule report or the rule itself specifically provides for a later date. 

# R05 Rulemaking Page 10 of 20 Rev. 12-09-99 
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- PROCEDURE: 

The General Counsel's Office will compile the paperwork required by the APA and the 

Environmental Quality Act and will fde it with the Governor, the Speaker of the House of 

Representatives and the President Pro Tempore of the Senate. The APA requires that the Rule 

Report must include: 

the date that the notice of rulemaking action was published; 

the name and address of the agency; 

the title and number of the rule; 

a citation to the,statutory authority for the rule; 

a brief sm of the rule; 

a statement explaining the need for the rule; 

the date and location of the meeting at which the rules were adopted; 

a summary of comments received from the public and an explanation of any changes or lack 

of changes made in the rules as a result of comments received at rulemaking hearings or 

meetings held by the agency to provide an opportunity for public comment or of any written 

comments received before the rule was adopted, including comments received on the cost 

impact of the proposed rules; 

a list of persons and organizations who appeared or registered for or against the rule at any 

rulemaking hearing and those who submitted written comments before or after the hearing; 

aRIS; 

an incorporation by reference statement if the rule incorporates a set of rules, such as a P-. national code (e.g. the Code of Federal Regulations); 

the members of the governing board of the agency and the recorded vote of each member; 

the proposed effective date of the rules; and 

any other information requested by the Governor, the Speaker of the House, the President 

Pro Tempore of the Senate or the House or Senate rule review committee. 

The Environmental Quality Act adds the EIEBS to the rules report under certain conditions. See 

"Preparing Rule Impact Documents" on page 3 for further information. 

Two Oklahoma statutes prohibit agencies from establishing or increasing fees except when the 

Legislature is in session, unless specifically mandated by the Legislature or Congress, or when 

the failure to establish or increase fees would conflict with an order issued by a court of law.6 

Agencies must give written notice to the Governor, the Speaker of the House, the President Pro 

Tempore of the Senate and the Administrative Rule Review Committee before establishing or 

increasing a fee. The notice must include a justification for the fee or fee increase and all 

supportive documentation. 

NO AGENCY RULE IS VALID UNTIL IT HAS BEEN PROMULGATED AS REQUIRED 

BY THE ADMINISTRATIVE PROCEDURES ACT. 

For permanent rules, see 74 O.S. Supp. 1999, 83117, and for emergency rules, see 75 O.S. Supp. 1999, 5253. 

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PART X. 

SUBJECT: OFFICIAL RULEMAKING RECORD 

OBJECTIVE: To describe the process used in compiling documents for the official ~lemaking record. 

BACKGROUND: The Administrative Procedures Act mandates that agencies maintain an official 

rulemaking record for each proposed rule or promulgated rule. This record constitutes the official agency 

record for judicial review. The record and all materials incorporated by reference must be available for 

public review. 

I 

PROCEDURE: ~h;: APA requires that the rulemaking record contain the following documents: 

copies of all publications in "The Oklahoma Register" with respect to the rule or the proceeding upon 

which the rule is based7; 

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; 

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; 

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; 

a copy of any regulatory analysis prepared for the proceeding upon which the rule is based; 

a copy of the rule and analysis of each rule filed with the OAR; 

all petitions for exceptions to, amendments of, or repeal or suspension of, the rule; 

a copy of the FUS; and 

other information concerning the rule as may be determined necessary by the agency. 

The Environmental Quality Act requires that the EIEBS be filed in the rulemaking record. 

Written notice given to the Governor, the Speaker of the House, the President Pro Tempore of the Senate 

and the Administrative Rule Review Committee about establishing or increasing a fee, including 

justification for the fee or fee increase and all supportive documentation must be filed in the official 

rulemaking record. 

Official rulemaking record repository: Each Division will maintain the official rulemaking 

record for its rules. The Rules Secretary will provide the Division contact person with a copy of 

documents prepared for Board packets, and prepared forlreceived from the gubernatorialllegislative 

approval process, and the OAR, including the finally promulgated rules after OAR has made corrections 

and published the rules. 

ADOPTED by: 

MSC Date signed: 12/09/99 

- 

7 In the case of the DEQ, that is every rulemaking hearing held before a Council where the proposed nde was discussed or recommended 

ta the Board for adoption and each Board meeting where the nde was discussed or adopted. 

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[NOTICE OF RULEMAKING INTENT] 

TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY 

CHAPTER 530. SOLID WASTE MANAGEMENT [NEW] 

INTENDED RULEMAKING ACTION: 

Notice of proposed PERMANENT Rulemaking 

PROPOSED RULES: 

Chapter 530. Solid Waste Management [NEW 

SUMMARY:- 

The propose$ new chapter combines Chapters 510 (Municipal Solid Waste Landfills) and 520 

(Solid Waste ~anagkment). The proposed Chapter 530 is a comprehensive rewrite of existing rules, with 

numerous changes. As part of the re-rightlde-wrong process, the format has changed significantly. New 

subchapters have been created. Many rules have been simplified andlor broken into several shorter rules for 

clarity. Statutory citations have been updated. Language dealing with MSWLFs closing before April 9, 

1994, has been deleted. Some language that deals with MSWLFs permitted before April 9, 1994, has also 

been deleted if all landfills have met the requirement. A "summary of changes" document is available fiom 

the DEQ upon request. 

AUTHORITY: 

Environmental Quality Board powers and duties, 27A O.S. 5 2-2-101; and the Oklahoma Solid 

Waste Management Act, 27A O.S. 5 2-10-101 et seq. 

COMMENT PERIOD: 

Deliver or mail comments to the contact person fiom September 15 through October 15,1999. 

PUBLIC HEARINGS: 

F Before the Solid Waste Management Advisory Council at 9:00 a.m. on October 21, 1999, at the 

Stillwater Public Library, 1107 S. Duck, Stillwater, Oklahoma, 74074. Before the Environmental Quality 

Board at 9:30 on November 16, 1999, in McAlester, Oklahoma, at a location to be announced. 

REQUEST FOR COMMENTS FROM BUSINESS ENTITIES: 

The DEQ requests that business entities affected by this rule provide the DEQ, within the comment 

period, in dollar amounts if possible, the increase in the level of direct costs such as fees, and the 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. 

COPY OF PROPOSED RULE: 

The proposed rule may be may be obtained from the contact person and reviewed at the 

Department of Environmental Quality, 707 N. Robinson, Oklahoma City, Oklahoma, 73 102. 

RULE IMPACT STATEMENT: 

The rule impact statement for the proposed rule will be on file at the Department of Environmental 

Quality, 707 N. Robinson, Oklahoma City, Oklahoma and may be requested from the contact person. 

CONTACT PERSONS: 

Contact Jon Roberts at jon.roberts@deqmail.state.ok.us or (405) 702-5100 (phone) or 5101 (fax). 

The DEQ is located at 707 N. Robinson, Oklahoma City, Oklahoma 73 102. The mailing address is P.O. 

Box 1677, Oklahoma City, Oklahoma 73 10 1 - 1677. 

ADDITIONAL INFORMATION: 

Persons with disabilities who desire to attend the rulemaking hearing and need an accommodation 

should notify the contact person three days in advance of the hearing, TDD Relay Number 1-800-522-8506. 

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[RULE IMPACT STATEMENT] 

TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY 

CHAPTER 410. RADIATION MANAGEMENT 

[NEW1 

RULE IMPACT STATEMENT 

DESCRIPTION: This rule was originally OAC 252:400; the rules were substantially rewritten and 

reorganized through the rerightldewrong process. This rulemaking also supports Oklahoma's application to 

the Nuclear Regulatory Commission (NRC) for State Agreement status which will, on NRC approval, shift 

regulation of certain Source, byproduct and special nuclear material from the NRC to the DEQ. Further, the 

proposed rules include National Emission Standards for Hazardous Air Pollutants (NESHAP)for 

radionuclides which will be delegated to the DEQ by the USEPA. The purpose of this Chapter is to ensure 

radiation management activities conducted within the jurisdiction of the DEQ are protective of health, 

safety, property and the environment. 

A proposed rule numbering change from 252:400-2-12 to 252:410-10-101 through 120 is strictly a 

numbering change and is not a substantive change. The rule was adopted by the Environmental Quality 

Board in March, 1999, and approved by the Governor and the legislature as 252:400-2-12 and appendices G 

through P. The Office of Administrative Rules required the DEQ to reformat the appendices as text in a 

numbered section and subsequently codified the rule, including the appendices, as 252:400-2-12. The 

Notice of Rulemaking Intent is specifically for the purpose of moving 252:400-2-12 into Chapter 410 as 

252:410-10-101 through 252:410-10-120. No changes have been made to the language of 252:400-2-12 in 

the renumbering effort. The Notice only applies to the re-numbering of the rule. 

CLASSES OF PERSONS AFFECTED: Persons subject to Chapter 410, Radiation Management rules, 

including all persons who receive, possess, use, transfer, own, handle, dispose, store, house, or acquire any 

source of radiation; provided, however, that nothing in this Chapter sha1.l apply to any person to the extent 

such person's activity is subject to regulation under a specific license issued by the U.S. Nuclear Regulatory 

Commission or as a diagnostic x-ray facility by the Oklahoma State Department of Health. 

CLASSES OF PERSONS WHO WILL BEAR COSTS: Persons subject to Chapter 410, Radiation 

Management rules, including all persons who receive, possess, use, transfer, own, handle, dispose, store, 

house, or acquire any source of radiation; provided, however, that nothing in this Chapter shall apply to any 

person to the extent such person's activity is subject to regulation under a specific license issued by the U.S. 

Nuclear Regulatory Commission or as a diagnostic x-ray facility by the Oklahoma State Department of 

Health. 

INFORMATION ON COST IMPACTS FROM PIUVATEYPUBLIC Ems: None received as of 

this date. 

CLASSES OF PERSONS BENEFITTED: All citizens of Oklahoma and regulated entities. State 

agreement licensees will have better access to the state regulatory entity and faster response when they need 

to obtain, renew or amend a radioactive materials license than was available from the NRC. The permitting 

and registration requirements for current DEQ radiation management permittees have been standardized for 

greater consistency between programs. 

# R05 Rulemaking Page 14 of 20 Rev. 12-09-99 
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P- PROBABLE ECONOMIC IMPACT ON AFFECTED CLASSES OF PERSONS: Minimal increase in 

administrative costs. Persons constructing new facilities or adding new x-ray machines or accelerators to be 

used for therapeutic purposes will need to obtain a no-fee permit before installation of new machines. 

Industrial and analytical x-ray machine permittees will need to have a written radiation safety program. All 

DEQ radiation management permittees will need to have shielding calculations and designs approved by 

DEQ before constructing a new shielded room or vault. 

There should be no impact on agreement state licensees since the technical regulations that apply to 

agreement state licensees are the same as those currently in effect under federal jurisdiction. 

PROBABLE ECOWOMIC IMPACT ON POLITICAL SUBDIVISIONS: Minimal. There may be 

some increased administrative costs to hospitals owned by political subdivisions associated with identifying 

reportable therapeutic medical events if that is not being done already and with obtaining a no-fee permit 

before installation of new radiation machines used for therapeutic purposes. 

LISTING OF ALL FEE CHANGES, INCLUDING A SEPARATE JUSTIFICATION FOR EACH 

FEE CHANGE: None. 

PROBABLE COSTS AND BENEFITS TO DEQ TO IMPLEMENT AND ENFORCE: Fee based 

program. 

PROBABLE COSTS AND BENEFJTS TO OTHER AGENCIES TO IMPLEMENT AND 

ENFORCE: None. No costs or benefits to any other agency are anticipated. 

F SOURCE OF REVENUE TO BE USED TO IMPLEMENT AND ENFORCE RULE: License and 

permit fees and appropriated funds. 

PROJECTED NET LOSS OR GAIN IN REVENUES FOR DEQ AND/OR OTHER AGENCIES, IF 

IT CAN BE PROJECTED: None. 

COOPERATION OF POLITICAL SUBDMSION REQUIRED TO IMPLEMENT OR ENFORCE 

RULE: Yes, some political subdivisions have licenses to possess radioactive material and will be regulated 

by the state under Subchapter 10 of Chapter 410. Some hospitals owned by political subdivisions that use 

radiation machines for therapeutic purposes will need to report medical events associated with therapy and 

to obtain a no-fee permit for new machines. 

EXPLANATION OF TRE MEASURES TAE DEQ TOOK TO MINIMIZE COMPLIANCE 

COSTS: During the re-righttde-wrong review the permitting and registration process was standardized 

across different program areas to ease administrative burden on permittees. The additional requirements for 

persons using radiation machines for therapeutic purposes were intended to conform with accepted standard 

practices already in place at most therapy facilities. Federal regulations were adopted by reference so that 

the resulting state rules would require little or no change in operating procedures at affected facilities. 

DETERMINATION OF WHETHER THERE ARE LESS COSTLY OR NONREGULATORY OR 

LESS INTRUSIVE METHODS OF ACHlEVING THE PURPOSE OF THE PROPOSED RULE: 

None 

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DETERMDTATION OF THE EFFECT ON PUBLIC HEALTH, SAFETY AND ENVIRONMENT: 

Ability of DEQ to review the design of new therapy machines before they are installed by requiring a nonfee permit could prevent an increase in risk to patients and workers caused 

by design requirements not being met. Review by DEQ of shielding calculations before shielded rooms or 

areas are constructed could prevent an increase in risk to workers and the general public of exposure to 

elevated levels of radiation that might have occurred if errors were made in shielding calculations. 

IF TME PROPOSED RULE IS DESIGNED TO REDUCE SIGNIFICANT RISKS TO THE PUBLIC 

HEALTH, SAFETY AND ENVIRONMENT, EXPLANATION OF THE NATURE OF THE RISK 

AND TO WHAT EXTFNT THE PROPOSED RULE WILL REDUCE THE RISK: 

The risk associated 'with exposure to elevated levels of radiation is an increase in the probability of 

development of radiation associated cancers. The requirements in the proposed rules that differ from the 

current rules will not directly reduce risk to the public health, safety and environment, but will catch errors 

that could increase such risk. 

DETERMINATION OF ANY DETRIMENTAL EFFECT ON THE PUBLIC HEALTH, SAFETY 

AND ENVIRONMENT IF THE PROPOSED RULE IS NOT IMPLEMENTED: 

Actual detrimental effect on the public health, safety and environment would be small, however, outmoded 

and less protective standards of radiation protection would remain in place. Unclear and conflicting 

requirements would remain. Oklahoma DEQ would not be able to attain agreement status with the Nuclear 

Regulatory Commission nor would Oklahoma DEQ be able to obtain delegation of the Radionuclide 

NESHAP fiom the Environmental Protection Agency. Regulated entities would have to continue to bear 

the higher dollar cost of dealing with federal agencies. These federal agencies are less accessible to affect 

entities and the public than DEQ. 

PROBABLE QUANTITATIVE AND QUALITATIVE IMPACT ON BUSINESS ENTITIES, 

INCLUDING QUANTIFIABLE DATA WHERE POSSIBLE: 

Qualitative impact: 

a. Removes outmoded and sometimes conflicting requirements from radiation safety and 

protection programs. 

b. Clarifies requirements. 

c. Simplifies compliance. 

Quantitative impact: Costs of compliance are not expected to be significantly different because most 

companies are already in compliance with updated requirements. 

RULE IMPACT STATEMENT WAS PREPARED ON: September 9,1999 

# R05 Rulemaking Page 16 of 20 Rev. 12-09-99 
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[ECONOMIC IMPACT/ENVIRONMENTAL BENEF'IT STATEMENT] 

OKLAEIOMA DEPARTMENT OF ENVIRONMENTAL QUALITY 

252530 SOLID WASTE MANAGEMENT RULES 

ECONOMIC IMPACT 1 ENVIRONMENTAL BENEF'IT STATEMENT 

MORE STRINGENT RULE: The proposed state rule is more stringent than its corresponding federal 

rule in the following way: 

The defrnition of "household waste" is narrower than the federal definition. The federal definition of 

"household waste" iqcludes garbage, trash, and sanitary waste in septic tanks derived from households, 

including apartment;, hotels, motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic 

grounds and day-use recreation areas. The proposed definition of "household waste" is any garbage, trash, 

yard waste or sanitary waste generated by persons from their residences. 

RATIONALE: The reason for the more stringent rule is as follows: 

The Solid Waste Management Act allows persons to dispose of solid waste from their own household upon 

their own land without obtaining a solid waste permit provided it does not create a nuisance or a hazard to 

the public health or environment or does not violate a local government ordinance. The statute does not 

delineate what constitutes a household. See 27A O.S. 52- 10-301(B). 

ENVIRONMENTAL BENEFIT: 

PL Minimizes uncontrolled disposal of solid waste by clarifying what constitutes household waste for purposes 

of the Oklahoma statute. 

ECONOMIC IMPACT: 

This rule simply clarifies that only waste from one's own residence may be disposed upon one's own land 

without obtaining a solid waste permit. There is no economic impact on the general public. There is only a 

slight adverse impact on the regulated community to the extent that any entities identified above may have 

read the statutory exemption more broadly than that reflected in this action and thus have avoided costs for 

disposal or treatment at permitted site or facilities. 

Notice of proposed rulemaking was published on September 15, 1999. This statement was prepared on 

August 27,1999. 

# R05 Rulemaking Page 17 of 20 Rev. 12-09-99 

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[EXECUTIVE SUMMARY] 

Chapter 100, Air Pollution Control Rules 

SUBCHAPTER 8. OPERATING PERMITS (PART 70) 

Relating to Acid Rain 

EXECUTIVE SUMMARY: 

Title IV of the Clean Air Act, as amended by the Clean Air Act amendments of 1990, directs the EPA to 

establish an acid rain program to reduce the adverse effects of acidic deposition. In order to gain approval of 

its Title V operating p-it plan, Oklahoma must implement a stateacid rain program. This revision to 

Subchapter 8 incorpdrates by reference 40 CFR Part 72, the fmal federal rules regarding acid rain permits. 

DIFFERENCES FROM ANALOGOUS FEDERAL RULES: 

There are no differences since this rule incorporates by reference the federal rule regarding acid rain 

permitting. 

ENVIRONMENTAL BENEFIT STATEMENT: 

These rules are not more stringent than corresponding federal rules. 

SUMMARY OF COMMENTS AND RESPONSES: 

Comment: Representatives from two major electric utilities spoke in support of the incorporation by 

reference of the federal acid rain rule at the public hearing. No comments were received from any smaller 

utilities, power generators, or potential sources. 

Response: Staffagrees. Oklahoma must pass this rule to retain Title V approval status and avoid sanctions. 

Comment: Affected electric utilities will be required to submit dual forms unless the State of Oklahoma or 

EPA allows a change in the reporting method. 

Response: Staff agrees it is redundant to force New Source Performance Standards monitoring and 

reporting requirements in cases which are in conflict with acid rain requirements. Staff has written a letter to 

EPA addressing this issue and suggesting that NSPS requirements be deferred for those acid rain affected 

s0Llrces. 

Comment: A representative from a major electric utility voiced concern that issued allowances may be 

insuficient by the year 2000. 

Response: This rule could not address this issue. Allowances were set by federal regulation and law. 

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[RESPONSE TO COMMENTS] 

OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY 

CHAPTER 610 - GENERAL WATER QUALITY RULES 

RESPONSIVENESS SUMMARY, NOVEMBER 1993 

Response to comments of the XYZ Corporation, dated October 18,1993: 

1. 252~610-1-4. 

Comment: Deletiop of reference to violations of Water-Quality Standards as being violations of this 

Chapter is suggested.' 

Response: The Department is charged with enforcing Water Quality Standards violations within its 

jurisdiction pursuant to statute, however, since this language is not necessary in order to comply with this 

duty, it was deleted in response to the comment. 

2. 252:6 10-3-4. 

Comment: This language dealing with application requirements for 401 certifications is not consistent 

with past practice or EPA regulations in 40 CFR 122.1 1 relating to certifications of NPDES permits. 

Response: Discussion with commentor and review of NPDES regulations on this subject clarified that the 

comment meant to refer to 40 CFR 121.11 and 124.53. The Department continues to believe that it is the 

duty of the discharger, not the federal agency, to apply for a 401 certification, and declines to always make 

such a requirement of the federal agency to do so on the applicant's behalf. However, to the extent that EPA 

has assumed this responsibility by regulation, the Department does not wish to interfere or modify this 

practice. The Department has added language to this section that reflects that the federal agency may 

submit a request for certification on behalf of the applicant for a federal permit. The Department, however, 

retains the right to require additional information and payment of fees for the certification services from the 

applicant. 

Response to comments of the ABC Federation, stated in October 1993: 

3. 252:610-3-6. Basis and content of certifications 

Comment: Discharge permits have not traditionally been subject to all of the types of conditions listed in 

the examples 

Response: Language has been added which clarifies that these examples generally pertain to certifications 

for other types of federal permits and that conditions in certifications for NPDES permits will usually reflect 

requirements contained in OAC 252:605 (OPDESAWDES Discharges). The Department feels that it is 

appropriate to identify types of conditions which may be included in certifications and declines to delete 

this section. 

4. 252:610-3-7. Effect of conditional certification 

Comment: reference to possible enforcement action is inappropriate. 

Response: This reference has been deleted, since it is not necessary. It should be noted, however, that any 

action taken by an applicant which is in violation of state law and requirements may be subject to state 

enforcement action, even though federal requirements have been met by the applicant. A certification 

ensures that such state requirements are also met through insertion of appropriate conditions in the federal 

permit. 

P- 

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THE WATER QUALITY MANAGEMENT ADVISORY COUNCIL 

RULEMAKING RECOMMENDATION 

TO THE ENVIRONMENTAL QUALITY BOARD 

Identification of Proposed Rulemaking: 

Chapter Number and Title: OAC: 

On the members of this Council, by authority vested in them by the Oklahoma 

Environmental Quality Code (27 O.S. Sec. 2-2-201), by roll call vote, recommended to the 

Environmental Quality Board that the rulemaking described above be adopted as: I 

permanent [take effect after legislative review] 

emergency [temporary, to take effect upon approval by the Governor because of time] 

This Council has considered the proposed rulemaking and comments about it and determined, to the best 

of its knowledge, that all applicable requirements of the Oklahoma Administrative Procedures Act have 

been followed. 

This council authorizes the Department to prepare this recommended rulemaking for the Board, making 

any changes approved by the Council, correcting typographical, grammatical and reference errors, and 

formatting them as required by the Office of Administrative Rules. This is to be done with the 

understanding that such changes shall neither alter the sense of what this Council recommends nor 

invalidate this recommendation. 

Respectfully, 

Chair or Designee: 

VOTING TO APPROVE: 

ABSTAINING: 

# R05 Rulemaking Page 20 of 20 

Date Signed: 

VOTING AGAINST: 

ABSENT: 

Rev. 12-09-99 
DISCLAIMER: The rules of the Secretary of State found on this website are unofficial. 

The official rules are published in The Oklahoma Administrative Code and The Oklahoma 

Register, as required by 75 O.S., Section 250 et seq. To order an official copy of these 

rules, contact the Office of Administrative Rules at (405) 521 -491 1. 

Oklahoma I Secretary of State 

Office of Administrative Rules 

Administrative 

Rules 

Rulernaking 

UNOFFICIAL 

[OAC 655:10] 

Effective as of July 1, 2001 
TITLE 655. SECRETARY OF STATE 

CHAPTER 10. ADMINISTRATIVE RULES ON RULEMAKING 

Beginning Section No. 

Subchapter 1. General Provisions .................................. 65 5: 10- 1 - 1 

Subchapter 3. Codification of Rules 

Part 1. Introductory Provisions ................................... 655: 10-3-1 

Part 3. code structure ........................................ 655: 10-3- 10 

Part 5. Code Numbering, Headings, and Taglines .................... 655: 10-3-20 

Part 7. Regulatory Text ........................................ 655: 10-3-34 

Part 9. Miscellaneous Codification Requirements .................... 655: 10-3-42 

Part 1 1. Submissions to First Code [REVOKED] ..................... 655: 10-3-60 

Subchapter 5. Rule Drafting Requirements ......................... 65 5 : 1 0-5- 1 

Subchapter 7. Preparation of Documents 

Part 1. General Provisions ....................................... 655: 10-7-1 

Part 3. Rule Documents ....................................... 655: 10-7- 10 

Part 5. Notice Documents ...................................... 655:lO-7-25 

Part 7. Miscellaneous Documents ................................ 655: 10-7-45 

Part 9. Document Scope ....................................... 655: 10-7-50 

Subchapter 9. Submission of Documents ........................... 655: 10-9- 1 

Subchapter 11. Review of Documents .............................. 655: 10- 1 1-1 

Subchapter 13. Correction of Errors ............................... 655: 10- 13- 1 

Subchapter 15. The Oklahoma Register ............................ 655: 10- 15- 1 

Subchapter 17. The Oklahoma Administrative Code ................. 655: 10- 17- 1 

Subchapter 19. Public Inspection and Copies of Documents ........... 655:lO-19-1 

Appendix A. Table of Internal (OAC) Citations 

For questions or information regarding the Administrative Rules on Rulemaking, contact: 

Office of Administrative Rules 

Secretary of State 

P.O. Box 53390 

Will Rogers Building. Suite 220 

2401 N. Lincoln Boulevard 

Oklahoma City, OK 73 152-3390 

(405) 521-491 1 

(405) 522-3555 (fax) 
SUBCHAPTER 1. GENERAL PROVISIONS 

Purpose . 

Defmitions 

Statutory citations 

Revised terminology due to statutory revisions and transfer of authority [EXPIRED] 

Legal counsel 

Agency representatives 

Time computations 

Forms and instructions 

655:lO-1-1. pdpose 

This Chapter establishesprocedures and standards for filing and publishing rules, rulemaking notices, 

and executive orders in The Oklahoma Register and The Oklahoma Administrative Code as authorized 

under the provisions of the Administrative Procedures Act, 75 O.S., Sections 250 et seq. In addition, this 

Chapter establishes procedures and standards for filing and publishing local project funding contract 

announcements in the Oklahoma Register pursuant to Executive Order 95-26. 

655:lO- 1-2. Definitions 

In addition to terms defined in 75 O.S.. Section 250.3, the following words or terms, when used in this 

Chapter, shall have the following meaning unless the context clearly indicates otherwise: 

"APA" means the Administrative Procedures Act. 75 O.S., Sections 250 et seq. 

"ARRn means the Administrative Rules on Rulemaking, OAC 655:lO. 

"Agency" means any consCitutionahyor statutorily created state board, bureau, commission, ofice, authority. public 

trust in which the state is a beneficiary, or interstate commission [75:250.3(3)] with authority for rulemaking. 

Except, "agencyn does not include the Legislature or any branch, committee or oficer thereof. [or] . . . the courts 

[75:250.3(3)1. [See also definition of "rulemaking entity" in this Section] 

"Amendment" means a revision which adds, modifies, or deletes characters, numbers, letters, words, 

phrases, sentences, spaces, or punctuation in an existing section. 

"Appendix" means a division of the OAC which contains one or more "graphics" (as defined in this 

Section). Appendices are placed at the end of a Chapter. [See 65510-3-37] 

"Attestation" means certification by an agency as to the correctness of copies of any rule . . . and that such 

rules were made and adopted if the rules are emergency [or preemptive] rules or fmally adopted if the rules are 

permanent rules in substantial compliance with the Administrative Procedures Act [75:254]. [See 655: 10-7-16 

(relating to attestations)] 

"Chapter" means a division of the OAC which designates a broad area of regulatory control within an 

agency's Title. [See also 655: 10-3-22 (relating to Chapter numbers and headings)] 

"Code" means the publication authorized in 75 O.S., Section 256 and known as The Oklahoma 

Administrative Code, or, prior to its publication, the compilation of codified rules authorized by 75 O.S., 

Section 256(A)(l) (a) and maintained in the OAR. [See also definition of "OAC" in this Section] 

"Codification date" means the date a rule was accepted for inclusion in the first official compilation 

of codified rules authorized by 75 O.S., Section 256(A)(l)(a); except, the date of codification for 

subsequently promulgated new rules is the effective date of the permanent rulemaking action which 

establishes the rules. 

"Docket nurnbe?' means the identification number assigned to a document upon its receipt in theOAR. 

[See 655: 10-1 5-4 (relating to docket numbers)] 

''Document" means the total body of information required by APA and ARR to be submitted for each 

rulemaking action or executive order to be published in the Register, or the total body of information 

required by Executive Order 95-26 and ARR to be submitted for each local project funding contract 

announcement to be published in the Register. [See also Part 9 of Subchapter 7 of this Chapter (relating 

to scope of a document)] 

"Document heading" means the two-part heading required at the beginning of each notice document 

UNOFFICIAL 7/1/01 
or rule document submitted to the OAR. [See 655: 10-7-3 (relating to document headings)] 

"Emergency rule" means a "rule," as defined in the APA, which must be approved by the Governor 

under the special provisions of 75 O.S., Section 253 prior to promulgation of the rule. 

"Enacting clause" means the portion of a rule document which proclaims the agency's rulemaking 

action and introduces regulatory text. [See 655: 10-7- 13 (relating to enacting clauses)] 

"Existing rulen means an effective rule. 

"Graphics" means tabular material, forms, illustrations, diagrams, maps, charts, graphs, figures, or other 

pictorial material. [See 655:lO-3-37 (relating to graphics and appendices)] 

'local project funding contract" means an agreement between a state agency and either a local government 

or private entity, or both, in which the state agency agrees to provide funding to the local government or private entity who 

agrees to accomplish a public purpose. In addition, the direct benefits of such a contract accrue primarily to the local 

population rather than the state as a whole. Local project funding contracts do not include contracts subject to state 

competitive bidding statutory requirements. [Paragraph 1 of Executive Order 95-26] 

"Notice document" means a "document," as defined in this Section, which contains one of the 

following notices: 

(A) Notice of rulemaking intent [75:303(A). (B) , (C)] . 

(B) Notice of cancelled hearing or comment period [655:10-7-27]. 

(C) Notice of continued hearing or comment period 16.55: 10-7-281. 

@) Statement of submission of permanent rules for gubernatorial and legislative review 

[75:303.1 (C)]. 

(E) Notice of gubernatorial approval of permanent rules[75:303.2(A) (I)]. 

(F) Notice of gubernatorial disapproval of permanent rules [75:303.2(A) (2)]. 

(G) Notice of legislative disapproval of rules [75:308(C) and 655: 10-7-321. 

(H) Notice of withdrawn rules [75:308(F) and 655: 10-7-331. 

(I) Notice of error in published document 1655: 10-7-351. 

"OAC" means the publication authorized by 75 O.S., Section 256 and known as The Oklahoma 

Administrative Code, or, prior to its publication, the compilation of codified rules authorized by 75 O.S., 

Section 256(A) (1) (a) and maintained in the OAR. [See also definition of "Code" in this Section] 

"OAC number" means a Title. Chapter, Subchapter, Part, or Section number, or Appendix letter 

designation. 

"OAR" means the Office of Administrative Rules. [See also definition of "Office of Administrative 

Rules" in this Section] 

"Office of Administrative Rules" meansthe office, created pursuant to 75 O.S., Section 250.9 within 

the Office of the Secretary of State. with 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 [75:250.9]. [See also definition of "OAR" in this Section] 

"Paragraph" means the second level of subdivision in a Section: a paragraph is a subdivision of a 

subsection in a Section. [See 655:lO-3-25 (relating to Section subdivisions)] 

"Part" means a division of the OAC which contains a group of Sections related to the same subject 

within a Subchapter. [See also 655: 10-3-23 (relating to Part numbers and headings)] 

'Permanent rule" means a "rule," as defined in the APA, which must be reviewed by the Governor and 

the Legislature pursuant to 75 O.S., Sections 303.1, 303.2, and 308 prior to promulgation of the rule. [See 

also 655: 10-7-10 (relating to types of rules)] 

"Preambl$' means the portion of a rule document that summarizes the rule(s) and the history of the 

rulemaking action, cites legal authority, and functions as a preface to the rule(s). [See 655: 10-7-1 1 (relating 

to preambles)] 

"Preemptive rule" means a "rule," as defined in the APA, which is adopted by the Commission for 

Human Services and which must beapproved by the Governor under the special provisions of 75 O.S.. 

Section 250.6 prior to promulgation of the rule. 

- "Proposed rule" means an emergency or preemptive rule prior to approval by the Governor, or a 

permanent rule prior to final adoption [see 75:250.3(4) (relating to final adoption)]. 

UNOFFICIAL 7/1/01 3 
"Register" means the publication authorized in 75 O.S., Section 255 and known as The Oklahoma 

Register, successor publication to The Oklahoma Gazette. 

"Regulatory text" meansthe language of any "rule," as defined in 75 O.S., Section 250.3(15) and this 

Section: any text, including graphics, which requires promulgation. 

"Revocation" or "revoke" means the repeal of an existing rule (i.e.. Section or Appendix) in its entirety. 

"Rule" means a Section or Appendix [see also definition of "rule" in 75 O.S.. Section 250.3(15)]. 

"Rule document" means a "document," as defined in this Section, which contains an emergency or 

preemptive adoption, or a permanent final adoption, of new rules or amendments to or revocations of 

existing rules. 

"Rulemaking action" means any procedure, act, or occurrence, except executive orders and local 

project funding cohtract announcements, which must be announced in or published in the Register or Code 

under APA or ARR provisions, including: 

(A) Notice of rulemaking intent [75:303(A), (B), (C)]. 

(B) Notice of cancelled hearing or comment period [655: 10-7-271. 

(C) Notice of continued hearing or comment period [655: 10-7-281. 

(D) Final adoption of a permanent rule(s) [75:308.1 and 75:251 (B)]. 

(E) Promulgation of an emergency rule (s) [75:253]. 

(F) Promulgation by the Commission for Human Services of a preemptive rule(s) [75:250.6]. 

(G) Submission of a proposed permanent rule(s) for gubernatorial and legislative review 

[75:303.1 (C)]. 

(H) Approval of a proposed permanent rule(s) by the Governor [75:303.2(A) (I)]. 

(I) Disapproval of a proposed permanent rule(s) by the Governor [75:303.2 (A) (2)]. 

rlT) Disapproval of a rule(s) by the Legislature [75:308(C)]. 

(K) Withdrawal of a proposed rule from the rulemaking process [75:308(F) and 655: 10-7-331. 

(L) Notice of error in a published document [655:10-7-35]. 

"Rulemaking entity" means the board, commission, officer, or other person or entity legally authorized 

to adopt and promulgate "rules," as defined in 75 O.S.. Section 250.3(15). 

"Section" means a "rule," as defined in 75 O.S.. Section 250.3(15). A Section is a division of the OAC 

which contains an agency statement($ about a specific regulatory topic within a Chapter. Subchapter, or 

Part. [See 655: 10-3-24 (relating to Section numbers and taglines)] 

"Section subdivision" means any one of five possible levels into which a Section may be separated. 

A maximum of five levels of Section subdivisions may be used in a Section [see 655:lO-3-25 (relating to 

Section subdivisions)] : 

(A) Subsections 

(B) Paragraphs 

(C) Subparagraphs 

(D) Units 

(E) Subunits 

"Section text" means the "regulatory text" (as defined in this Section) which follows the Section 

number and tagline in a Section. 

"Source note" means the record of rulemaking history which follows a Section, an Appendix, or a 

Subchapter or Chapter table of contents in the Code. Source notes track the administrative history of a 

rule. [See 655: 10- 17-6 (relating to Chapter, Subchapter, and SectionIAppendix source notes)] 

"Strikeout" means a solid or dashed horizontal line through deleted regulatory text. 

"Subchapter" means a division of the OAC which contains a group of Sections related to the same 

general subject area within a Chapter. [See 655:lO-3-23 (relating to Subchapter numbers and headings)] 

'5ubparagraph" means the third level of subdivision within a Section; a subparagraph is a subdivision 

of a paragraph in a Section. [See 655: 10-3-25 (relating to Section subdivisions)] 

"Subsection" means the first level of subdivision in a Section. [See 655: 10-3-25 (relating to Section 

subdivisions)] 

'Subunit" means the fifth level of subdivision within a Section. A subunit is a subdivision of a unit in 

UNOFFICIAL 7/1/01 4 
a Section; it is the smallest possible subdivision of a Section. [See 655:lO-3-25 (relating to Section 

subdivisions)] 

'Title" means the broadest division df the OAC; a Title contains all rules of an agency. [See 655: 10-3- 

2 1 (relating to Title numbers and headings)] 

"Unit" means the fourth level of subdivisionwithin a Section; a unit is a subdivision of a subparagraph 

in a Section. [See 655: 10-3-25 (relating to Section subdivisions)] 

'Working day" means any day except Saturday, Sunday, or a legal holiday for state employees as 

proclaimed by the Governor. 

655:lO-1-3. Statutory citations 

Citations to itatutes in this Chapter refer to the most recent codification of the statute. 

655:lO-1-4. Revised terminology due to statutory revisions and transfer of authority [EXPIRED] 

655:lO-1-5. Legal counsel 

Agencies should direct any questions pertaining to interpretation or construction of the APA to the 

Office of the Attorney General or other legal counsel. Agencies should understand that advice and 

assistance offered by the OAR in meeting the requirements of the APA is informal and is not binding. 

655: 10- 1-6. Agency representatives 

(a) Appointment. 

(1) Designation. Each agency shall designate. from its officers or employees, persons to serve in the 

following capacities. The same person may be designated to serve in more than one of these positions: 

provided, an officer may not be his or her own alternate. 

(A) Liaison officer and alternate. 

(B) Attestation officer and alternate or alternates. 

(2) General qualifications. The representatives should possess the following qualifications: 

(A) general knowledge of the agency's functions, responsibilities, and internal procedures; 

(B) familiarity with the substance and procedures of the APA and ARR; 

(C) familiarity with the statutes or other legal instruments which govern the agency; and 

(D) if the representative is not responsible for drafting the agency's rules or notices, accessibility 

to those in operating divisions who are responsible for drafting the agency's rules and notices. 

(3) Attestation omcer qualifications. If the attestation officer is not the actual rulemaking entity. 

or a voting member if the authority for rulemaking is vested in more than one person (i.e., board or 

commission), the officer must be authorized by the rulemaking entity to attest, for the rulemaking 

entity. as to APA compliance. [See also 655: 10-7- 16 (relating to attestations)] 

(b) Liaison officer duties. 

(1) Coordination of documents; verification. The agency liaison officer shall act as liaison between 

the agency and the OAR in all matters concerning documents submitted by the agency. All documents 

submitted by an agency shall be coordinated through the liaison officer. All documents submitted 

require the verification and signature of the liaison officer [see 655: 10-7-61. 

(2) Coordination of information. ARR and APA information distributed by the OAR and 

correspondence directed to the individual agency by the OAR are sent to the attention of the liaison 

officer. The liaison officer is responsible for receiving and maintaining such information and for 

distributing the information to appropriate personnel within the agency. 

(3) Proof of publication. The OAR shall send proof of publication to the liaison officer pursuant to 

655:lO-15-11. 

(c) Attestation officer duties. The agency attestation officer is responsible for completing and signing 

attestions required by 655: 10-7- 16. 

+ (d) Notification. The rulemaking entity shall report the appointment of agency representatives in writing 

to the OAR. Notification must include the representative's name, title, office address, and office telephone 

UNOFFICIAL 7/1/01 5 
number. When a new representative is appointed, the rulemaking entity must report the name of the new 

representativein writing to the OAR within 30 days after such appointment. Provided, the OAR shall not 

accept a rule document for Register publication unless the name or names of the person or persons signing 

the attestation have been reported in writing to the OAR. 

655: 10-1 -7. Time computations 

(a) Computing ARR time requirements. In computing any time period prescribed or allowed by this 

Chapter, 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 not a working day, in which 

event the period runs until the end of the next day which is a working day. For example, if a document is 

submitted on Mohday, the first day of the OAR'S six-calendar-day review period is Tuesday. And, because 

the sixth (and last) day falls on a weekend (Saturday), the review period is extended to Monday (or 

Tuesday, if Monday is a holiday). 

(b) Computing APA time requirements. See 75 O.S., Section 250.8 for information relating to time 

computations for the APA. 

655: 10-1-8. Forms and instructions 

The following forms or instructions related to this Chapter have been issued by the Secretary of State 

for use by agencies and may be obtained by contacting the OAR: 

(1) Checklists for Oklahoma's Rulemaking Process; 

(2) Examples of Document Formats; 

(3) Register Publication Dates and Filing Deadlines; 

(4) Typing Requirements and Restrictions; 

(5) Oklahoma's PERMANENT Rulemaking Process - An Overview for Regulatory Agencies; and 

(6) Oklahoma's EMERGENCY Rulemaking Process - An Overview for Regulatory Agencies. 

UNOFFICIAL 7/1/01 
SUBCHAPTER 3. CODIFICATION OF RULES 

PART 1. INTRODUCTORY PROVISIONS 

655: 10-3- 1. Function; scope 

655: 10-3-2. First OAC; "date of codification"; rulemaking actions before publication of first OAC [REVOKED] 

655:lO-3-2.1. Rulemaking prior to publication of first OAC [REVOKED] 

655: 10-3-3. Rulemaking after publication of first OAC 

PART 3. CODE STRUCTURE 

655: 10-3- 10. Six major OAC divisions 

655: 10-3-1 1. Five Section subdivision levels I 

PART 5. CODE NUMBERING, HEADINGS, AND TAGLINES 

655: 10-3-20. OAC numbers 

655: 10-3-21. Title numbers and headings 

655: 10-3-22. Chapter numbers and headings 

655: 10-3-23. Subchapter and Part numbers and headings 

655: 10-3-24. Section numbers and taglines 

655: 10-3-24.1. Appendix letters and headings 

655:lO-3-25. Section subdivision numbersfletters and taglines 

655: 10-3-26. Implied numbersfletters 

655: 10-3-27. Gapping numbers 

655: 10-3-28. Decimal point numbering 

655: 10-3-29. Reserving OAC numbers 

655: 10-3-30. Re-using revoked OAC numbers 

PART 7. REGULATORY TEXT 

P- 655:lO-3-34. Scope and use 

655: 10-3-35. Placement of Sections and Section text 

655:lO-3-36. Drafting regulatory text; designating text; complete sentences 

655: 10-3-37. Graphics and appendices 

PART 9. MISCELLANEOUS CODIFICATION REQUIREMENTS 

655: 10-3-42. Code headers [REVOKED] 

655: 10-3-43. Chapter source notes [REVOKED] 

655: 10-3-44. Subchapter source notes [REVOKED] 

655: 10-3-45. Section source notes; Appendix source notes [REVOKED] 

655: 10-3-46. Authority notes [AMENDED] 

655: 10-3-46.1. Continuation notes [REVOKED] 

655: 10-3-47. Tables of contents [REVOKED] 

655: 10-3-48. Purpose Sections; definitions Sections 

655: 10-3-49. Internal cross references [AMENDED AND RENUMBERED TO 655: 10-5- 12. I.] 

655: 10-3-50. External cross references [REVOKED] 

655: 10-3-5 1. Recodification [RESERVED] 

655: 10-3-52. Agency publications 

655: 10-3-53. Maintenance of codified rules; fdings on request 

PART 11. SUBMISSIONS TO FIRST CODE [REVOKED] 

655: 10-3-60. Submission procedure; deadlines [REVOKED] 

655: 10-3-6 1. Code submission [REVOKED] 

655: 10-3-62. Corrected Code submissions [REVOKED] 

655: 10-3-63. Final acceptance deadline [REVOKED] 

655: 10-3-64. Codification attestation [REVOKED] 

655:lO-3-65. Electronic format report [REVOKED] 

655: 10-3-66. Schedule of compliance [REVOKED] 

655: 10-3-67. Notice of codification: conversion table [REVOKED] 

.P- 655:lO-3-68. Additional copies; maintenance of current rules [REVOKED] 

655: 10-3-69. Agency noncompliance; mandamus proceedings [REVOKED] 

UNOFFICIAL 7/1/01 7 
PART 1. INTRODUCTORY PROVISIONS 

655:lO-3-1. Function; scope 

(a) This Subchapter describes the codification scheme for inclusion of rules in the Oklahoma 

Administrative Code and its supplements. Inclusion of a rule in the OAC requires prior publication in the 

Register as a finally adopted permanent rule or as an adopted preemptive rule that has been approved by 

the Governor. Emergency rules are not added to the OAC or its supplements. However, emergency rules 

are published in the Register. They are part of the history of a Section or Appendix as referenced in 

SectiontAppendix source notes in the OAC, and must be prepared pursuant to the codification scheme. 

(b) Unless otherwise specifically noted. the rules of this Subchapter apply to permanent, emergency. and 

preemptive rules.' 

655:lO-3-2. First OAC; "date of codification"; rulemaking actions before publication of first OAC 

[REVOKED] 

655:lO-3-2.1. Rulemaking prior to publication of first OAC [REVOKED] 

655:lO-3-3. Rulemaking after publication of first OAC 

After publication of the first OAC, any rulemaking actions undertaken by an agency shall be prepared 

as additions, revocations, or amendments to the OAC, as follows: 

(1) Amendments; revocations. AU amendments or revocations shall bear the proper OAC numbers 

and shall amend or revoke OAC text. The OAR shall not accept for Register or Code publication an 

amendment to or revocation of any rule unless the regulatory text being amended or revoked: 

(A) appears in the most recent published Code or Code supplement, or 

(B) appears as finally adopted regulatorytext in an issue of the Register published after the closing 

date for publication in the most recent published Code or Code supplement. 

(2) New rules. Prior to the adoption of a new Chapter, the agency shall contact the OAR for 

assignment of a new Chapter number pursuant to 655:lO-3-22. If the agency proposes a new 

Subchapter, Part. Section, or Appendix. the agency shall assign the new OAC number or numbers 

pursuant to 655:lO-3-23 tthrough 655: 10-3-24.1 and proceed with the rulemaking process. The OAR 

may not accept a new rule for Register or Code publication unless the rule is prepared pursuant to the 

requirements of this Subchapter and Subchapters 5 and 7 of this Chapter. 

PART 3. CODE STRUCTURE 

655:lO-3-10. Six major OAC divisions 

The Code is organized into the following six major divisidns: 

(1) Titles. Each Title identifies an administrative agency, except for Title 1 which includes executive 

orders. 

(2) Chapters. Each Chapter identifiesa major area of regulatory control within an agency's authority. 

Each Chapter identifies a group of Sections which are: 

(A) related to the same major agency program or legally-designated regulatory power: 

(B) dependent on a common set of definitions; or 

(C) independent of another Chapter in meaning or effect. 

(3) Subchapters. Each Subchapter identifies a group of Sections related to the same general subject 

within a Chapter. The use of Subchapters is optional. 

(4) Parts. Each Part identifies a group of Sections related to the same subject within a Subchapter. 

The use of Parts is optional. 

(5) Sections. Each Section identifies a specific agency statement within a Chapter, Subchapter, or 

Part. Each Section is considered to be a single "rule." [See Part 5 of this Subchapter (relating to Code 

numbering, headings, and taglines)] 

UNOFFICIAL 7/1/01 8 
(6) Appendices. Each Appendix identifies a graphic, as defined in 655:lO-1-2, which the agency 

considers to be regulatory text (i.e., text requiring promulgation). Each Appendix is considered to be 

a single "rule." 

655: 10-3-1 1. Five Section subdivision levels 

(a) Section subdivisions identify enumerations, or further groupings of subject matter, within a Section, 

as follows: 

(1) Subsections. Sections may be divided into subsections. 

(2) Paragraphs. Subsections may be divided into paragraphs. 

(3) Subparagraphs. Paragraphs may be divided into subparagraphs. 

(4) Units. hubparagraphs may be divided into units. 

(5) Subunits. Units may be divided into subunits. 

(b) For information relating to Section subdivision numbersfletters and taglines, see 655: 10-3-25. 

PART 5. CODE NUMBERING, HEADINGS, AND TAGLINES 

655:lO-3-20. OAC numbers 

Title, Chapter. Subchapter, Part, and Section numbers, and Appendix letter designations, are 

considered OAC numbers in the Code. 

655: 10-3-2 1. Title numbers and headings 

(a). Title numbers. The Title number is an arabic number assigned to an agency, except Title 1 which is 

used for executive orders. Title numbers are assigned by the OAR pursuant to (d) of this Section. 

(b) Title headings. Each Title, except Title 1, requires a heading which is the formal name of the agency 

r~ as it appears in statute, constitution, or other enabling law. Title headings are assigned by the OAR 

pursuant to (d) of this Section. 

(c) Format. Title numbers and headings are formatted in regulatory text and document headings as 

follows: 

(1) The word TITLE is followed by a space, the Title number, a period, two spaces, and the Title 

heading as described in (b) of this Section. This information is typed in uppercase letters, bolded, and 

centered. 

(2) No punctuation follows the Title heading. 

(3) The following is an example of a Title number and heading: TITLE 310. OKLAHOMA STATE 

DEPARTMENT OF HEALTH 

(d) Assignment. Title numbers and headingsare assigned by the OAR, in compliance with the Secretary's 

codification scheme. A current list of assigned Titles shall be maintained by the OAR and published in each 

issue of the Register beginning December 3, 1990. Prior to the adoption of new rules, a rulemaking entity 

with no assigned Title number shall request in writing a Title number and heading from the OAR. 

655:lO-3-22. Chapter numbers and headings 

(a) Chapter numbers. The Chapter number is an arabic number assigned to a major area of regulatory 

control within the agency's ~1eInaking authority. as described in 655: 10-3- lO(2). Chapters 1 through 9 of 

each Title are used only for rules required by 75 O.S., Sections 302.305, and 307. [See 655: 10-5-7 (relating 

to "required rules"): see also 655: 10-3-27 (relating to gapping numbers)] 

(b) Chapter headings. Each Chapter requires a brief heading which reflects its subject matter. 

(c) Format. Chapter numbers and headings are formatted in regulatory text and document headings as 

follows: 

(1) The word CHAPTER is followed by a space, the Chapter number, a period, two spaces, and the 

Chapter heading as described in (b) of this Section. This information is typed in uppercase letters, 

bolded, and centered. 

(2) No punctuation follows the Chapter heading. 

UNOFFICIAL 7/1/01 
(3) The following is an example of a Chapter number and heading: CHAPTER 15. LICENSURE 

FOR HOSPITALS AND RELATED INSTITUTIONS 

(d) Assignment. Chapter numbers and headings are assigned by the OAR, in consultation with the 

agency. Prior to the adoption of a new Chapter, the agency must contact the OAR for assignment of a 

Chapter number and approval of the heading. 

655:lO-3-23. Subchapter and Part numbers and headings 

(a) Subchapter numbers; implied Subchapter 1. The Subchapter number is an arabic number assigned 

to a compilation of Sections relating to the same general subject within a Chapter. [See also 655: 10-3-27 

(relating to gapping numbers)] 

(1) Use of Shbchaptersis optional; provided, a Chapter may not contain only one Subchapter unless 

the agency anticipates the need for an additional Subchapter(s) in the future. 

(2) If Subchapters are not used within a particular Chapter, the digit "1" is used as an implied 

Subchapterdesignation in all Section numbers within that Chapter. [See 655: 10-3-26(a) (relating to 

"implied Subchapter 1"); see also 655:lO-3-27 (relating to gapping numbers)] 

(b) Part numbers. The Part number is an arabic number assigned to a compilation of one or more 

Sections relating to the same subject within a Subchapter. [See also 655:lO-3-27 (relating to gapping 

numbers)] Use of Parts is optional; provided: 

(1) Parts may not be used if Subchapters are not used within a Chapter, and 

(2) a Subchapter may not contain only one Part, unless the agency anticipates the need for an 

additional Part(s) in the future. 

(c) Subchapter and Part headings. Each Subchapter and each Part must have a brief heading which 

reflects its subject matter. 

(d) Format. Subchapter and Part numbers and headings are formatted in regulatory text as follows: 

(1) The word SUBCHAPTER is followed by a space, the Subchapter number, a period, two spaces. 

and the Subchapter heading as described in (c) of this Section. This information is typed in uppercase 

letters, bolded, and centered. 

(2) The word PART is followed by a space, the Part number. a period, two spaces, and the Part 

heading as described in (c) of this Section. This information is typed in uppercase letters, bolded, and 

centered. 

(3) No punctuation follows the Subchapter or Part heading. 

(4) The following is an example of a Subchapter number and heading: SUBCHAPTER 5. 

SUBMITTAL REQUIREMENTS 

(5) The following is an example of a Part number and heading: PART 3. PREPARATION OF 

PLANS AND SPECIFICATIONS 

(e) Assignment. Subchapter and Part numbers and headings are assigned by the adopting agency and 

reviewed by the OAR prior to publication in the Register and Code. 

655: 10-3-24. Section numbers and taglines 

(a) Section numbers. A Section number is a four-part number assigned to an individual rule. Each 

Section number is a unique number within the Code. An OAC Section number has four elements: a Title 

(agency-level) number: a Chapter number; a Subchapter number; and a number that distinguishes the 

Section from all other Sections within the same Title, Chapter, and Subchapter. An example of an OAC 

Section number is 10:20- 1-3. This number (10:20- 1-3) contains the following elements: 

(1) " 10" identifies the Title. 

(2) ":20" identifies the Chapter. 

(3) "-1" identifies the Subchapter. Note, if no Subchapters are used, the number 1 is used in all 

Section numbers in the Chapter [see 655:lO-3-26(a) (relating to "implied Subchapter I")]. 

(4) "-3" identifies this Section as the third Section in Subchapter 1 (or implied Subchapter 1) of 

Chapter 20 of Title 10. 

(b) Section taglines. Each Section must have a "tagline," the topic heading of a Section. The tagline 

UNOFFICIAL 7/1/01 10 
consists of a word or phrase, or a series of words or phrases, that clearly describes the subject matter of the 

Section. While a tagline should be brief and concise, it should contain enough information to reflect the 

essence of the rule. [See also 655: 10-5- 14 (relating to writing taglines)] 

(c) Format. Section numbers and taglines are formatted in regulatory text as follows: 

(1) The Section number and tagline begin at the left margin. 

(2) The Section number and the tagline are separated by a period and approximately two spaces. No 

punctuation follows the tagline. 

(3) The Section number and the tagline are bolded. 

(4) The first letter of the first word of a tagline is capitalized: the remaining words of the tagline are 

typed in lowercase letters unless the word itself is a proper noun or otherwise requires capitalization. 

(5) For exarn'ples of provisions in this subsection, see Section taglines used throughout this Chapter. 

(d) Location of Section text. The text of the Section begins on the line immediately below the tagline. 

If the text begins with an "implied subsection (a)" instead of being immediately subdivided into subsections, 

indent the first line of text approximately 114 inch. [See also 655:lO-3-26(b) (relating to "implied (a)")] 

Subsections and other Section subdivisions are formatted pursuant to 655: 10-3-25. For examples of these 

provisions, see the text of Sections throughout this Chapter. 

(e) Assignment; promulgation. Section numbers and taglines are assigned by the adopting agency and 

reviewed by the OAR prior to publication in the Register and Code. Section numbers and taglines must be 

promulgated as part of the regulatory text. When an agency proposes a new Section, the agency must assign 

the Section a number which locates it in a logical place in the Code, paying attention to its interrelationship 

with other rules, and the degree to which a particular placement will make the Section easier to find. [See 

also 655:lO-3-28 (relating to decimal point numbering)] 

655:lO-3-24.1. Appendix letters and headings 

F (a) Appendix letters. Appendices within a Chapter are designated using capital letters, beginning with 

the letter "A." Appendices include graphics (i.e., tabular materials, forms, illustrations, diagrams, maps, 

charts, graphs, figures, and other pictorial material) that the agency considers to be regulatory text (requiring 

promulgation). [See also 655: 10-3-37 (relating to graphics and appendices)]. 

(b) Appendix headings. Each Appendix must have a brief heading which reflects its subject matter. If 

the graphic itself has a heading, both the graphic heading and the Appendix heading must be included, even 

if they are identical. 

(c) Format. Appendix letters and headings are formatted in regulatory text as follows: 

(1) The word APPENDIX is followed by a space, the Appendix designation (A, B, C, etc.), a period. 

two spaces, and the Appendix heading as described in (b) of this Section. This information is typed 

in uppercase letters, bolded, and centered. 

(2) No punctuation follows the Appendix heading. 

(3) The following is an example of an Appendix letter and heading: APPENDIX S. RESTRICTED 

AREAS FOR APPLICATION OF HORMONE-TYPE PESTICIDES 

(d) Location; Appendix text. 

(1) All Appendices within a Chapter are placed at the end of the Chapter. Each Appendix begins on 

a new page. 

(2) The text of an Appendix begins approximately two spaces below the Appendix heading. If the 

graphic itself has a heading, that heading is part of the Appendix text. 

(e) Assignment. Appendixletters and headings are assigned by the adopting agency and reviewed by the 

OAR prior to publication in the Register and Code. 

655:lO-3-25. Section subdivision numbersfletters and taglines 

(a) Section subdivision numbersfletters 

(1) Structure. Sections may be subdivided according to the following structure. in the order shown, 

subject to the provisions of (2) through (4) of this subsection. 

(A) A subsection is designated by a lower-cased letter of the alphabet enclosed in parentheses [e.g., 

UNOFFICIAL 7/1/01 11 
(4, (b), (41. 

(B) A paragraph is designated by an arabic numeral enclosed in parentheses [e.g., (I), (2), (3111. 

(C) A subparagraphis designated by an upper-cased letter of the alphabet enclosed in parentheses 

[e.g., (A). (B), (C)1. 

0) A unit is designated by a lower-cased roman numeral enclosed in parentheses [e.g., (i) , (ii), (iii). 

(iv) I. 

(E) A subunit is designated by an upper-cased roman numeral enclosed in parentheses [e.g., (I), 

(11) . (111) , (IV) I . (2) Tabulation. Tabulation is a device for arranging the structure of Section subdivisions. With the 

exception of an "implied subsection (a)" [see 655:lO-3-26(b)1, subsections begin at the left margin. 

Paragraphs aie indented approximately 114 inch; subparagraphs are indented approximately 112 inch; 

units are indented approximately 314 inch; subunits are indented approximately 1 inch. If the text of 

a subdivision exceeds one line, the second and any succeeding lines are aligned under the first 

parenthesis of the subdivision number or letter. 

(3) Designation. If only one subsection exists in a Section, it is not designated as a subsection. The 

same policy applies to all other Section subdivision levels. For example, agencies may not use (a) 

without (b), or (1) without (2). etc. [See also 655: 10-3-26(b) (relating to use of "implied (a)")] 

(4) Definitions. Definitions of specific terms in a Definitions Section shall be formatted in an 

alphabetical listing and shall not be structured according to (1) through (3) of this subsection. [See 

655: 10-5- 10 (relating to definitions Sections)] 

(b) Section subdivision taglines. A tagline that briefly describes a Section subdivision's contents may 

be used[see also 655:lO-5-15 (relating to writing taglines)], with the following exceptions: 

(1) If the subdivision is an "implied subsection (a)," a tagline may not be used, as exemplified by 

655: 10-3-10 and 655: 10-7-1 2. [See also 655: 10-3-26(b) (relating to "implied (a)")] 

(2) If a Section subdivision does not contain at least one complete sentence, or does not begin a 

sentence which is completed in lower-level subdivisions, a tagline may not be used, as exemplified by 

655: 10-15-5(a) (1) (A) through(0). 

(3) If a tagline is used for any one subdivision, taglines must be used in all its corresponding 

subdivisions, as exemplified by taglines used throughout this Chapter. 

(4) When taglines are used at a subdivision level, taglines must be used at any higher level subdivisions 

within the Section, except when the higher level subdivision is an "implied subsection (a) ." 

(5) If a subdivision is itself subdivided, and if no text precedes its subdivisions, it must be assigned a 

tagline, as exemplified by (c) of this Section. 

(c) Location; format; subdivision text. 

(1) A Section subdivision tagline is located on the same line as, and immediately following. the 

subdivision's number or letter [see (a) of this Section]. 

(2) The numberfletter and the tagline are separated by approximately two spaces. 

(3) The tagline is immediately followed on the same line by a period, two spaces, and the Section 

subdivision's text. The second line of text, and all succeeding lines within the subdivision, begin 

directly below the first parenthesis of the subdivision number or letter. 

(4) The Section subdivision tagline is bolded; the subdivision number or letter is not bolded. 

(5) The first letter of the first word of the tagline is capitalized; the remaining words of the tagline are 

typed in lowercase letters unless the word itself is a proper noun or otherwise requires capitalization. 

(6) For examples of provisions in (1) through (5) of this subsection, see Section subdivision taglines 

used throughout this Chapter. 

(d) Assignment; promulgation. Section subdivision numbersfletters and taglines are assigned by the 

adopting agency and reviewed by the OAR prior to publication in the Register and Code. Section 

subdivision numbersfletters and taglines must be promulgated as part of the regulatory text. 

655: 10-3-26. Implied numbersfletters 

(a) "Implied Subchapter 1". If a Chapter does not include Subchapters, the digit "1" is used as the 

UNOFFICIAL 7/1/01 12 
Subchapter designation in all Section numbers within that Chapter. This is referred to as an "implied 

Subchapter 1 ." 

(b) "Implied (a)". Any undesignated text which immediately follows a Section tagline and precedes an 

enumerationshall be considered an "implied (a)." As such, it shall not be designated as an (a), and the first 

enumeration under the "implied (a)" shall be designated at the paragraph level. For example, 655: 10-3- 10 

illustrates the use of an "implied (a) ." 

655:lO-3-27. Gapping numbers 

To allow for future expansion, some numbers in the Code are "gapped" as follows: 

(1) Title nymbers. Executive Orders are codified in Title 1. To allow for future needs, Titles 2 

through 9 were not used in the initial codification scheme. Beginning with Title 10, most Title 

numbers assigned for the first Code are divisible by five, thus being gapped by four. The OAR assigns 

Title numbers to agencies upon request, using unused numbers and gapping whenever possible. 

(2) Chapter numbers. Except for Chapters 1 through 9 which are reserved for "required rules." 

Chapter numbers within a Title are initially gapped by four beginning with the number 10 (i.e., 10, 15, 

20, 25). [See 655:lO-5-7 (relating to "required rules")] 

(3) Subchapter, Part numbers. Subchapter and Part numbers initially use odd numbers, thus 

gapping by one. When designating Subchapters in a new Chapter, or Parts in a new Subchapter, the 

agency shall gap the numbers pursuant to this paragraph. 

(4) Section numbers. The first Section in a new Chapter or Subchapter shall begin with the number 

1 following the Subchapter designation in the four-part Section number. Within a Subchapter. 

individual Section numbers increase with no gapping: except, if Parts are used, the first Section number 

of a new Part increases by at least four. For example, if the last Section number in a Part is 655: 10-1- 

21, the first Section number in the next Part must be designated as 655: 10-1-25 or higher. 

(5) Section subdivision numbersnetters. No gapping in numbering or lettering is allowed when 

subdividing Sections. 

(6) Appendix designations. The first Appendix in a Chapter is designated "Appendix A," and 

subsequent Appendices are assigned letters, in alphabetical order and with no gapping. 

655:lO-3-28. Decimal point numbering 

Decimal point numbering may be used when it is necessary to add a Section or Sections between two 

existing Sections. Use a decimal point followed by an arabic numeral, beginning with the number 1 (e.g., 

10:lO-3-19,lO:lO-3-19.1,lO:lO-3-19.2,. . .10:10-3-20). 

655:lO-3-29. Reserving OAC numbers 

Title, Chapter, Subchapter. Part, and Section numbers, and Appendix letters, may be reserved pursuant 

to this Section. A number or letter that is not used because of the gapping policy in 655:lO-3-27 is not 

reserved. 

(1) Reserving numbers by agency request. Agencies may request the reservation of a Title or 

Chapter in the Code by submitting a written request to the OAR. The OAR shall review the request 

and respond in writing. If approved, the OAR will update the Code accordingly. 

(2) Reserving numbers via rulemaking. Subchapter, Part, and Section numbers, and Appendix 

letters, may be reserved by an agency in a rulemaking action. 

(3) Reserving numbers by necessity. The OAR may reserve a Chapter, Subchapter, Part. Section, 

or Appendix number or letter to correct a numbering gap that is: 

(A) not discovered in rules prior to approval by the Governor (if emergency or preemptive) or final 

adoption (if permanent), and that is not authorized by the gapping policy in 655: 10-3-27: or 

(B) caused by gubernatoriablegislative disapproval or withdrawal by the agency from the 

rulemaking process of a Section, Appendix, Part, Subchapter, or Chapter, when such disapproval 

or withdrawal results in a gap in numbering not authorized under 655: 10-3-27. 

UNOFFICIAL 7/1/01 13 
65510-3-30. Re-using revoked OAC numbers 

(a) Revoked Sections. When a Section is revoked, that Section number may not be used again except if 

the Section is later replaced with a Section covering the same topic. The number, tagline, and source note 

of a revoked Section remain in the Code permanently for publication and reference purposes. 

(b) Revoked Chapters, Subchapters. Parts. When an entire Chapter, Subchapter, or Part is revoked, 

the Chapter, Subchapter, or Part number may be reactivated if new Sections on the same topic are 

promulgated at a later date. A Chapter is revoked by revoking every Section and Appendix in the Chapter. 

A Subchapter or Part is revoked by revoking every Section in the Subchapter or Part. 

(c) Revoked Titles. When an entire Title is revoked, the number is not used again, except at the discretion 

of the OAR. A Title is considered revoked when every Chapter within the Title has been revoked, as 

described in (b) df this Section. 

(d) Revoked Appendices. When an Appendix is revoked, that Appendix letter may not be used again 

except if the Appendix is replaced with an Appendix covering the same topic [see 655: 10-5-3(a) (2) (relating 

to revocation and reenactment of Appendices)]. The letter, heading, and source note of a revoked Appendix 

remain in the Code permanently for publication and reference purposes. 

PART 7. REGULATORY TEXT 

655:lO-3-34. Scope and use 

Regulatory text begins at the Section level. The Section number, tagline, and text, including all Section 

subdivision numberdletters, taglines, and text, are considered regulatory text, requiring promulgation 

through the formal rulemaking process. Appendices and their letter designations and headings are also 

considered regulatory text. All regulatory text must be designated within Sections or Appendices. 

655:lO-3-35. Placement of Sections and Section text 

(a) Placement of Sections. In a rule document (emergency, permanent, or preemptive), affected Sections 

(i.e.. Sections that are being added or revised in some way) follow the enacting clause [see 655:lO-7-14 

(relating to regulatory text)]. Sections should be separated by one or two blank lines. 

(b) Placement of Section text. The text of a Section, referred to as "Section text," begins on the first line 

below the Section number and tagline, as follows: 

(1) No subdivisions used. If the Section contains no subdivisions, the first line of text is indented 

approximately 114 inch, and the second and succeeding lines of text begin at the left margin. 

(2) Subdivisions used. 

(A) 'Ymplied (a)" used. If the Section begins with an "implied (a)" [see 655: 10-3-261, the first line 

of text is indented approximately 114 inch, and the second and succeeding lines of text begin at the 

left margin. Subdivisions of the "implied (a)" are formatted pursuant to 655: 10-3-25. 

(B) Subsections used. If the Section is divided into subsections, the first line of text begins with 

the subsection designation [i.e., (a)] at the left margin. The text of the subsection begins 

approximately two spaces following its tagline, if used, or approximately two spaces following its 

letter designation, if a tagline is not used. For formatting subsequent subsections [i.e., (b) , (c) , etc.)] 

and further subdivisions, see 655: 10-3-25. 

65510-3-36. Drafting regulatory text; designating text; complete sentences 

(a) Regulatory text shall be drafted pursuant to this Section and the rule drafting requirements of 

Subchapter 5 of this Chapter. 

(b) All regulatory text must be designated within Sections or Appendices. Within Sections, text must be 

designated using subdivision numbersiletters, as set forth in 655: 10-3-25. except when using an implied (a). 

as described in 655: 10-3-26. Text may not be "floated" or undesignated. For example, an undesignated 

block of text that starts on a new line following other text in a given subdivision or following an 

enumeration is "floating" text, and may not be left undesignated. 

(c) Every Section must begin with a complete sentence, or begin a sentence which is completed in its 

UNOFFICIAL 7/1/01 14 
subdivisions. 

655:lO-3-37. Graphics and appendices 

(a) "Graphics" defined; graphics as regulatory text. Graphics are tabular materials, forms, illustrations, 

diagrams, maps, charts, graphs. figures, and other pictorial material. Unless labeled as supplemental 

information in a rule document, graphics are considered regulatory text. 

(b) Use limited. A graphic should be used only when an agency deems it absolutely necessary. Rules must 

be in narrative form whenever possible. 

(c) Reproducing colors; size. 

(1) Colors may not be used in graphics, as colors cannot be reproduced in the Register or Code. 

(2) The area'of text for graphics in Appendices may not exceed 7H inches by 10 inches. If an agency 

cannot comply, by reduction or other means, the agency must contact the OAR. Exceptions to this 

paragraph will be made only at the discretion of the OAR. 

(d) Location. 

(1) Graphics in appendices. When an agency fmds that use of a graphic is absolutely necessary and 

that the regulatory text cannot be stated in narrative form, the agency must: 

(A) place the graphic in an Appendix, except as allowed in (2) of this subsection. Appendices are 

prepared pursuant to 655:lO-3-24.1 and added, amended, or revoked pursuant to (e) of this 

Section: and 

(B) cite the Appendix in the text of at least one applicable Section (e.g., "as set forth in Appendix 

A of this Chapter"). 

(2) Graphics within Sections. 

(A) Restrictions. A graphic should rarely be included within a Section, as described in this 

subparagraph. 

(i) A graphic may be included within a Section only if: 

(I) the agency determines that use of the graphic is absolutely necessary and that the 

regulatory text cannot be stated in narrative form; 

(11) the agency determines that placement of the graphic in an Appendix would be 

inappropriate; 

(111) the graphic can be easily typed within the text margins of the Section; and 

(IV) the graphic's contents consist only of words, numbers, or other characters that can be 

typed; and 

(V) the graphic can be easily amended using strikeouts and underscoring. 

(ii) If any one of the characteristics described in (i) (I) through(V) of this subparagraph does 

not apply to a graphic, the graphic must be: 

(I) placed at the end of the Chapter and prepared as an Appendix, as described in (1) of 

this subsection, or 

(11) expressed in a narrative style, within the usual subdivision numbering scheme of a 

Section. 

(iii) When a graphic is included within a Section, the graphic must be preceded by appropriate 

introductorylanguage which explains its function and contents (e.g., "The following table sets 

forth the requirements for . . .:"). 

(B) Format. A graphic typed within a Section may not be numbered in any manner; however, the 

graphic may have a heading. 

(e) Amending, revoking, adding, deleting graphics and Appendices. When amending, revoking, 

adding, or deletinggraphics or Appendices, the agency shall identify the changes pursuant to the following: 

(1) Amending graphics and Appendices. 

(A) Graphics in Sections. When amending a graphic within a Section, the agency shall indicate 

the changes with strikeouts and underscoring. 

(B) Appendices. When amending an Appendix, the agency shall amend the Appendix by revoking 

and reenacting the Appendix as set forth in 655: 10-5-3(a) (2). 

UNOFFICIAL 7/1/01 15 
(2) Adding, deleting, and revoking graphics and Appendices. 

(A) Graphics in Sections. 

(i) Adding graphics in Sections. When adding a graphic within a Section, the agency shall 

underscore the text of the graphic. 

(ii) Deleting graphics in Sections. When deleting a graphic within a Section, the agency 

shall strikeout the text of the graphic. 

(B) Appendices. 

(i) Adding graphics and Appendices. - (I) Adding graphics to existing Appendices. When adding a new graphic to an existing 

Appendix, the agency shall amend the Appendix by revoking and reenacting the Appendix 

a4 set forth in 655: 10-5-3(a) (2). 

(11) Adding Appendices. When adding an Appendix, the agency shall type the word 

[NEW] approximately two spaces after the centered Appendix heading. The text of the 

Appendix is not underscored. [See also 655: 10-5-2(a) (2) (relating to new Appendices)] 

(ii) Deleting graphics in Appendices; revoking Appendices. 

(I) Deleting graphics in existing Appendices. When deleting a graphic in an existing 

Appendix, the agencyshall amend the Appendix by revoking and reenacting the Appendix 

as set forth in 655: 10-5-3(a) (2). 

(II) Revoking Appendices. When revoking an Appendix, the agency shall type the word 

[REVOKED] approximately two spaces after the centered Appendix heading. The text of 

the revoked Appendix is not stricken. [See also 655:lO-5-4(a)(2) (relating to revoked 

Appendices)] 

(0 Renumbering or reserving Appendices. Appendices may be renumbered as set forth in 655: 10-5-8 

or reserved as set forth in 655: 10-3-29. 

PART 9. MISCELLANEOUS CODIFICATION REQUIREMENTS 

655: 10-3-42. Code headers [REVOKED] 

655:lO-3-43. Chapter source notes [REVOKED] 

655:lO-3-44. Subchapter source notes [REVOKED] 

655:lO-3-45. Section source notes; Appendix source notes [REVOKED] 

655:lO-3-46. Authority notes [AMENDED AND RENUMBERED TO 655:lO-17-71 

655:lO-3-46.1. Continuation notes [REVOKED] 

655:lO-3-47. Tables of contents [REVOKED] 

655:lO-3-48. Purpose Sections; definitions Sections 

The first Sections in a Chapter are used for purpose statements and definitions. When additional 

purpose statements and definitions are needed at a Subchapter or Part level, the first Sections in that 

Subchapter or Part are used. 

(1) Purpose Sections. Each Chapter begins with a Section called "Purpose" which contains a purpose 

statement. Purpose Sections may be added, as needed, for Subchapters and Parts. A purpose Section 

contains a brief description of the rules and reasons they are being made. 

(A) Chapter purpose Section. Each Chapter must contain a purpose statement(s) as follows: 

(i) With Subchapters. If a Chapter contains Subchapters, the agency must prepare a purpose 

statement or statements for the Chapter pursuant to one of the following: 

UNOFFICIAL 7/1/01 16 
(I) The first Section of the first Subchapter must be a purpose statement for the Chapter; 

provided, the first Subchapter must consist only of provisions of general applicability to the 

Chapter (e.g., purpose, definitions, severability clause, etc.): or 

(II) The first Section of each Subchapter in the Chapter must be a purpose statement for 

the Subchapter, thus comprising in total a purpose statement for the Chapter. 

(ii) Without Subchapters. If a Chapter contains no Subchapters, the first Section in the 

Chapter must be a purpose statement for the Chapter. 

(B) Subchapter and Part purpose Sections. Subchapter and Part purpose statements are 

optional, except when Subchapter purpose Sections are required pursuant to (A) (1) (11) of this 

paragraph. When used, the Subchapter or Part purpose statement must be the first Section in the 

subchapter or Part. 

(2) Definitions Sections. If definitions Sections are needed in rules, they are placed near the 

beginning of the Chapter, Subchapter, or Part to which they apply. Definitions shall be drafted and 

formatted as set forth in 655:lO-5-10. 

655: 10-3-49. Internal cross references [RENUMBERED TO 655: 10-5- 12.11 

655:lO-3-50. External cross references [REVOKED] 

655: 10-3-5 1. Recodification [RESERVED] 

655:lO-3-52. Agency publications 

Many agencies have brochures, handbooks, manuals, or other publications which contain their rules. 

These rule texts are not official. The official rule text is the text as published in the Register and included 

.r" in the Code [75:250.7 and 75:256(A) (I)]. Agencies are urged to use the two-person proofreading method 

to check agency publications against the official Code or Register text. 

655:lO-3-53. Maintenance of codified rules; filings on request 

Each agency must maintain a current set of permanent codified rules. At the request of the Secretary 

as set forth in 75:25 1 (A) (1). an agency must supply a complete set of current permanent rules to the OAR 

in such form as is required by the Secretary. 

PART 1 1. SUBMISSIONS TO FIRST CODE [REVOKED] 

655: 10-3-60. Submission procedure; deadlines [REVOKED] 

655:lO-3-61. Code submissions [REVOKED] 

655:lO-3-62. Corrected Code submissions [REVOKED] 

655:lO-3-63. Final acceptance deadline [REVOKED] 

655:lO-3-64. Codification attestation [REVOKED] 

655:lO-3-65. Electronic format report [REVOKED] 

655:lO-3-66. Schedule of compliance [REVOKED] 

655:lO-3-67. Notice of codification; conversion table [REVOKED] 

,P-- 655:lO-3-68. Additional copies; maintenance of current rules [REVOKED] 

UNOFFICIAL 7/1/0 1 17 
655:lO-3-69. Agency noncompliance; mandamus proceedings [REVOKED] 

UNOFFICIAL 7/1/01 
SUBCHAPTER 5. RULE DRAFTING REQUIREMENTS 

655: 10-5-1. Drafting and codification; text affected 

655: 10-5-2. Identifying new rules 

655: 10-5-3. Identifying amendatory language in rules 

655: 10-5-4. Identifying revoked rules 

655: 10-5-5. Revocation and reenactment [REVOKED] 

655: 10-5-6. Superseded emergency actions; expired emergency rules . 

655: 10-5-7. "Required rules" 

655: 10-5-8. Renumbering Sections and Appendices within a Chapter 

655: 10-5-9. Renumbering vs. recodification [RESERVED] 

655: 10-5- 10. Use df definitions 

655: 10-5- 1 1. "No change" policy [REVOKED] 

655: 10-5-12. Quoting and paraphrasing from legal instruments 

655: 10-5- 12.1. Cross references; "relating to"; ambiguous references 

655: 10-5-13. Amending. revoking, and adding graphics and appendices [REVOKED] 

655: 10-5- 14. Writing taglines 

655: 10-5- 15. Incorporations by reference 

655: 10-5-16. Footnotes and endnotes 

655: 10-5-17. Agency notes 

655: 10-5-18. Effective dates 

655: 10-5- 19. Acronyms and abbreviations 

655: 10-5-20. Enumerations; parallel structure; "floating" text [REVOKED] 

655: 10-5-1. Drafting and codification; text affected 

(a) Drafting and codification. Agencies shall draft rules as set forth in this Subchapter. All rules drafted 

by the agency shall also comply with the codification requirements set forth in Subchapter 3 of this 

Chapter. 

(b) OAC text affected. When drafting rules for adoption, the rules are presented as amendments to or 

revocations of OAC text, or as additions to the OAC. 

655:lO-5-2. Identifying new rules 

(a) New Sections and Appendices. When preparing new Sections or Appendices, agencies shall identify 

the new Sections and Appendices as follows: 

(1) New Sections. Underscore the text of a new Section, including the Section number and tagline. 

(2) New Appendices. Type the word [NEW] approximately two spaces following the centered 

Appendix heading (e,g., APPENDIX K. ZONING DISTRICTS [NEW]). Begin the contents of the 

Appendix approximately two single spaces below the heading. Do not underscore. Begin each new 

Appendix on a new page. 

(b) New Parts, Subchapters, Chapters. When preparing new Parts. Subchapters, and Chapters, agencies 

shall underscore the centered Part. Subchapter, or Chapter number and heading. Sections within the new 

Part, Subchapter, or Chapter are prepared pursuant to (a) (1) of this Section. Appendices within a new 

Chapter are prepared pursuant to (a) (2) of this Section. 

655:lO-5-3. Identifying amendatory language in rules 

(a) Amended Sections and Appendices. When preparing amendatory language in rules. agencies shall 

identify. the amendatory language as follows: 

(1) Amended Sections. 

(A) Prepare amendatory language in Sections, including Section taglines, as follows: 

(i) Underscore new language. 

(ii) Strikeout existing language and spaces that are being deleted [see 655:lO-1-2 (definition 

of "strikeout")]. 

(iii) If replacingdeleted text with new text, type new language following the language which it 

replaces. 

UNOFFICIAL 7/1/01 19 
(iv) Do not strikeout part of a word or number. Strikeout the entire word or number being 

replaced, and type and underscore the complete new word(s) or number(s). For example, to 

change the word "requirements" to "requirement," strikeout the word "requirements" and 

underscore the word "requirement." 

(B) If amending and renumbering a Section, prepare the text pursuant to 655: 10-5-8. 

(2) Amended Appendices (revocation and reenactment). 

(A) Amend Appendices by revoking and reenacting. To revoke and reenact an Appendix, revoke 

the existing Appendix and simultaneously reenact a new Appendix (on the same regulatory topic) 

that completely replaces the revoked Appendix, as follows: 

(i) Identify the revoked Appendix by typing the word [REVOKED] approximately two spaces 

following the centered Appendix heading (e.g., APPENDIX K. ZONING DISTRICTS 

[REVOKED]). Do not include the text of the revoked Appendix. 

(ii) Following the information in (A) of this paragraph, identify the reenacted Appendix by 

typing the word [NEW] approximately two spaces following the centered Appendix heading 

(e.g., APPENDIX K. ZONING DISTRICTS [NEW]). Begin the contents of the Appendix 

approximately two spaces below the heading. 

(B) If amending and renumbering an Appendix, prepare pursuant to 655: 10-5-8. 

(b) Amended Part, Subchapter, Chapter headings. When amending the heading of a Part, Subchapter, 

or Chapter, agencies should use strikeouts and underscoring, as described in (a) (1) (A) and (B) of this 

Section to identify changes to the existing heading. 

655:lO-5-4. Identifying revoked rules 

(a) Revoked Sections and Appendices. When preparing revoked Sections or Appendices, agencies shall 

identify the revoked Sections and Appendices as follows: 

(1) Revoked Sections. 

(A) Type the word [REVOKED] approximately two spaces following the Section number and 

tagline. Do not strikeout the number and tagline. 

(B) Include the full text of the Section and strikeout the text. 

(2) Revoked Appendices. 

(A) Type the word [REVOKED] approximately two spaces after the Appendix heading. Do not 

strikeout the Appendix letter and heading. 

(B) Begin the contents of the Appendix approximately two spaces below the heading. Do not 

strikeout the contents of the Appendix. 

(C) Begin each revoked Appendix on a new page. 

(b) Revoked Parts, Subchapters, Chapters. When preparing revoked Parts, Subchapters, and Chapters 

(i.e.. the revocation of all Sections in the Part or Subchapter or all Sections and Appendices in the Chapter), 

agencies shall type the centered Part, Subchapter, or Chapter number and heading, followed by the word 

[REVOKED], and then followed by the revoked Sections in that Part, Subchapter, or Chapter. The revoked 

Sections and Appendices are prepared pursuant to (a) of this Section. 

655:lO-5-5. Revocation and reenactment [REVOKED] 

655:lO-5-6. Superseded emergency actions; expired emergency rules 

(a) Text affected. 

(1) Superseded amendments. When an emergency amendment is superseded by a permanent action 

or another emergency action which affects the same Section or Appendix, the later action must be 

preparedas an amendment to or revocation of the last promulgated permanent text in that Section or 

Appendix (i.e., prior to any emergency action). The previous emergency action is superseded by the 

later action upon the effectiveness of the later action. 

(2) Superseded new SectionlAppendix. When an emergency enactment of a new Section or 

Appendix is superseded by a permanent enactment of the Section/Appendix, or another emergency 

UNOFFICIAL 7/1/01 20 
enactment of the SectionIAppendix, each action must be prepared as the enactment of new language. 

Although the agency may alter the language of the earlier emergency action, the agency does not 

identify changes (through the use of strikeouts and underscoring) to the earlier emergency rule text. 

Emergency rule text is never amended, but is superseded by later rulemaking actions. The earlier 

emergency rule is superseded upon the effectiveness of the later rule. 

(3) Superseded revocations. When an emergency revocation is superseded by a permanent 

revocation of the same Section or Appendix, the later revocation must be prepared as a revocation of 

the last promulgated permanent text of that Section or Appendix. 

(b) Expiration date of superseding emergency actions. When an emergency action is superseded by 

another emergency action or actions, the expiration date of the later action($ must retain the same 

expiration date a; the first emergency action [see 75:253(H)]. 

(c) Preamble statement. When the rules in a rule document will supersede existing emergency rules, the 

agency shall identify the superseded emergency rules under the heading SUPERSEDED EMERGENCY 

ACTIONS in the preamble [see 655: 10-7-1 1 (b) (5)] of the rule document. 

(d) Expired emergency actions. Agencies must notify the OAR in writing when an emergency action on 

a Section or Appendix expires without being superseded by a permanent or preemptive action. Agencies 

should notify the OAR upon the expiration of the emergency rule. The OAR will document the existence 

and expiration of the emergency language in the next available annual supplement by publishing a source 

note that cross references to the Register publication of the emergency action. 

655:lO-5-7. "Required rules" 

(a) "Required rules" defined. The APA requires every agency to promulgate certain organizational and 

procedural rules. These "required rules" include the following: 

(1) Rules which describe the organization of the agency, stating the general course and method of the operations 

F of the agency and the methods whereby the public may obtain information or make submissions or requests 

[75:302(A) (I)]. 

(2) 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 [75:302(A) (2)l. 

(3) Rules prescribing the fm for petitions and the procedure for their submission, consideration, and disposition 

[75:305]. 

(4) Rules providing for the Ming andpmmpt dispasition of petitions for declaratory rulings as to the applicability 

of any rule or order of the agency [75:307]. 

(b) Location; use. Chapters 1 through 9 in a Title are reserved for "required rules." However, the agency 

is not restricted from adding organizational/procedural rules within an individual Chapter, Subchapter, or 

Part. 

655:lO-5-8. Renumbering Sections and Appendices within a Chapter 

(a) "Renumbering' defined; restrictions. "Renumber" means to move a Section to an UNUSED Section 

number within the same Chapter or to move an Appendix to an UNUSED Appendix letter within the same 

Chapter. 

(1) When moving Sections and Appendices within a Chapter, the number newly-assigned to the 

Section or Appendix must be an unused Section number or Appendix letter. Other forms of 

renumbering are not allowed and are unnecessary pursuant to the following: 

(A) When a Section or Appendix is revoked, renumbering of the subsequent Sections or 

Appendices is not allowed and is unnecessary because the number and source note of the revoked 

Section or Appendix remain in the Code and the numberfletter is not used again except pursuant 

to 655: 10-3-30. 

(B) When a Section or Appendix is added between two existing Sections or Appendices, 

renumberingof the subsequent Sections or Appendices is not allowed and is unnecessary because 

the new Section or Appendix is numberedllettered pursuant to the decimal point system in 655: 10- 

3-28. 

UNOFFICIAL 7/1/01 2 1 
(2) If a Section or Appendix is moved to another Chapter, it must be revoked in one rulemaking action 

and adopted as a new Section or Appendix in another rulemaking action. 

(b) Renumbering procedure, format. When preparing renumbered Sections or Appendices within a 

Chapter, agencies shall prepare the renumbering as follows: 

(1) Renumbered without amendment. When a Section or Appendix is renumbered with no other 

changes to the Section or Appendix: 

(A) The number and tagline of the Section being renumbered, or the letter and heading of the 

Appendix being relettered, are retained in correct numerical/alphabetical order within the text of 

the Chapter. The capitalized phrase "[RENUMBERED TO (new Section or Appendix)]" follows 

the tagline or heading. The text of the Section being renumbered is stricken. The contents of the 

Appendix' being renumbered is not stricken: and 

(B) The newly-numbered Section or Appendix appears in correct numericaYalphabetica1 order 

within the Chapter. The Section number and tagline are underscored: the text of the Section is 

underscored. The Appendix letter and heading and the Appendix contents are not underscored: 

however, the word [NEW] is typed after the Appendix letter and heading. 

(2) Amended and renumbered. When a Section or Appendix is renumbered, in addition to being 

amended: 

(A) The number and tagline of the Section being renumbered, or the letter and heading of the 

Appendix being relettered, are retained in correct numericaYalphabetica1 order within the text of 

the Chapter. The capitalized phrase "[AMENDED AND RENUMBERED TO (new Section or 

Appendix:)]" follows the tagline or heading. The text of the Section being renumbered is stricken. 

The contents of the Appendix being renumbered is not stricken: and 

(B) The newly-numbered Section or Appendix appears in its correct numericaYalphabetica1 order 

within the Chapter. The Section number and tagline, or Appendix letter and heading, are 

underscored. The text of the Section is underscored. The contents of the Appendix is not 

underscored: however, the word [NEW] is typed after the Appendix letter and heading. 

655: 10-5-9. Renumbering vs. recodification [RESERVED] 

655: 10-5-10. Use of definitions 

(a) Use and placement. 

(1) Definitions Sections vs Section definitions. If definitions are included in rules, they shall be 

placed as follows: 

(A) Definitions Sections. If the definitions apply to a Chapter, Subchapter, or Part, they are 

placed in a Section called "Definitions" near the beginning of the Chapter, Subchapter, or Part to 

which they apply. 

(B) Section definitions. If the definitions apply to a single Section, they are placed near the 

beginning of the Section to which they apply. 

(2) Use in text required. A definition should not be included unless the term being defined is used 

at least once in the remaining regulatory text of the applicable Chapter, Subchapter, Part, or Section. 

(b) Substantive provisions prohibited. Substantive provisions may not be included in a definition. For 

example. the second sentence of the following definition contains substantive regulatory provisions and 

should not be included in the definition: "Alcoholic beverage" means beer, wine, or liquor. An owner of 

a business establishment serving alcoholic beverages shall obtain a license. 

(c) Format of definitions Sections; introductory language. This subsection applies only to definitions 

Sections, as described in (a) (1) (A) of this Section. This subsection does not apply to Section definitions, 

as described in (a) (1) (B) of this Section. 

(1) Begin each definitions Section with the following language: "The following words and terms, when 

used in this (Chapter, Subchapter, Part), shall have the following meaning, unless the context clearly 

indicates otherwise:". If necessary, the introductory language may be supplemented with additional 

information such as "In addition to terms defined in xxxx, the following ...." 

UNOFFICIAL 7/1/01 22 
(2) List definitions in alphabetical order. Do not number or otherwise designate definitions. 

(3) Indent the first line of each definition approximately 114 inch: do not indent succeeding lines of 

the definition (i.e.. begin the lines at the left margin). 

(4) Enclose the defined word or term in quotation marks, followed by the word "means"; bold the 

defined word/term and the quotes. 

(5) Capitalize the first letter of the first word of the defined word or term; type subsequent words in 

a defined term in lowercase letters unless the word itself is a proper noun or its use otherwise requires 

capitalization. 

(6) End each definition with a period. 

(7) Begin enumerations within a definition at the subparagraph level [i.e., (A), (B) , (C) , etc.] . (d) Format of ~dction definitions. Section definitions (i.e.. definitions that apply only to the Section in 

which they appear, as described in (a) (1) (B) of this Section) are designated using the numbering scheme 

established for Section subdivisions [see 655: 10-3-251 and are formatted accordingly. 

655: 10-5-1 1. "No change" policy [REVOKED] 

655:lO-5-12. Quoting and paraphrasing fmm legal instruments 

(a) Quoted language. Agencies shall not unnecessarily repeat statutory language [75:25 1 (B) (2) (b) 1 when 

preparing rules. 

(1) Italics. Whenever it is necessary to repeat language from statutes or other legal instruments in a 

rule, the agency shall type the language in italics. Italic type is expressly reserved for statutory language 

or language from other legal instruments. 

(2) Legal citations. Legal citations shall immediately follow the language quoted from statutes or 

other legal instruments. Agencies shall enclose citations in brackets. 

r."4 (b) Paraphrased language. Agencies shall clearly identify language paraphrased from statutes or other 

legal instruments by typing the citation in brackets immediately following the last of the paraphrased 

language. 

(c) Citation format. Requirements for formatting legal citations are set forth in 655: 10-5- 12.1. 

655: 10-5- 12.1. Cross references; "relating to"; ambiguous references 

(a) Internal cross references. A rule frequently refers to itself or its subdivisions, or to other rules in the 

Code. These internal cross references shall be formatted pursuant to this subsection. 

(1) Ambiguous references. Code citations within rules should be specific. Ambiguous references, 

such as "these rules," "herein," "above," and "below," may not be used in rules. The agency must use 

more specific terms such as "this Chapter" or "this Part," or the full OAC citation. 

(2) Unnecessary terminology. 

(A) Because every Section number is a unique number in the Code, it is not necessary to follow the 

Section number with such words as "in this Chapter," "in Chapter 10 of this Title," "in Part 1 of 

Subchapter 3 of this Chapter," etc. 

(B) Do not precede a citation with the term "subsection," "paragraph." "subparagraph," "unit," 

"subunit" unless the citation begins a sentence. For example: 

(i) "Subsection (e) of this Section applies when ..." 

(ii) "When applying (e) of this Section ..." 

(3) Table of internal (OAC) citations. The table in Appendix A of this Chapter establishes format 

for referencing the Code within the text of a rule. The left column describes the material being 

referenced. The right column shows the correct form for stating the reference. 

(4) Series of consecutive Sections. When referring to a series of consecutive Sections, the first and 

last Sections in the series are joined with the word "through." "Et seq." is not used to reference a series 

of consecutive Sections in the Code. 

(b) External cross references. Rules frequently refer to other primary sources of law. These external cross 

.c references should be formatted in a style recognized as a proper citation for the specific publication. 

UNOFFICIAL 7/1/01 23 
(1) Consistency within OAC Title. References should be consistent within the agency's Title, and 

should be brief, while allowing accurate and precise identification. 

(2) O.S. Title vs OAC Title. Referencesto a "Title" in the Oklahoma Statutes must clearly state that 

the Title referenced is a Title in the statutes, rather than a Title in the Code. For example, "Title 75 

requires that . . ." must be revised to read "Title 75 of the Oklahoma Statutes requires that . . ." or "75 

O.S. requires that. . ." 

(3) O.S. Sections vs OAC Sections. References to Sections in the Oklahoma Statutes must be similar 

in style to acceptable O.S. citation format, as identified in the front of each edition of the Oklahoma 

Statutes. Provided, an abbreviated format, which cites the Title number and Section number separated 

by a colon, may be used in bracketed cites which follow quoted or paraphrased statutory language (e.g.. 

[75:251]). Note, however, that references to Titles, Chapters, and Subchapters in the OAC, when 

formatted using the shorter, numerical citation option [see (b) (3) in this Section]. must be preceded 

by the letters OAC (e.g., OAC 10, OAC 10:1, OAC 10: 1-3). The letters OAC are necessary to 

differentiate between a code citation and a statutory citation. 

(c) "Relating to" references. When referring to another Section, Appendix, Part, Subchapter, Chapter or 

Title in the Code, the phrase "relating to" is used as follows: "The applicant shall proceed pursuant to 10: 15- 

3-3 (relating to application procedure)" or "[See 30: 1-5- 1 (relating to copying fees)] ." Provided. "relating 

to" should not be used: 

(1) when more than three Sections are referred to. 

(2) more than once for reference to the same Section within a Section. 

(d) Future amendment references. When referring to another rule or statute, terms such as "as amended 

or "as amended from time to time" may not be used. 

655: 10-5-13. Amending, revoking, and adding graphics and appendices [REVOKED] 

655: 10-5- 14. Writing taglines 

(a) Content; topical '!benchmarks". A tagline consists of a word or phrase, or a series of words or phrases. 

that clearly describes the subject matter of the Section or Section subdivision. While a tagline should be 

brief and concise, it must contain enough information to reflect the essence of the Section or subdivision's 

contents. Taglines must accurately and completely reflect the subject of the Section or subdivision so as 

to serve as topical "benchmarks" for the users of the rules. [See also 655: 10-3-24 (relating to formatting 

Section taglines) and 655: 10-3-25 (relating to use and formatting of Section subdivision taglines)] 

(b) Multiple aspects of same topic. If a tagline describes more than one aspect of the Section or 

subdivision's topic, the word or phrase describing each aspect of the topic should be separated by a 

semicolon. 

(c) Use of taglines as text prohibited. The text of a tagline may not serve as introductory language to 

the Section or Section subdivision. The subject of the rule must be repeated in the text. For example: 

(1) If a Section's tagline reads "Due date for taxes," do not begin the Section's text with "They are due 

. . . ." Instead, repeat the subject of the tagline as follows: "Taxes are due . . . ." 

(2) If a Section's tagline reads "Prerequisites for licensure," do not begin the Section's text with "(a) 

2 1 years of age or older, and . . . ." Instead, repeat the subject of the tagline as follows: "To be eligible 

for licensureby the Board as an electrician, each applicant must be: (1) 2 1 years of age or older, and 

.... 

(d) Format. Taglines must be formatted as set forth in 655: 10-3-24 (relating to Section taglines) and 

655: 10-3-25 (relating to Section subdivision taglines). 

655: 10-5-1 5. Incorporations by reference 

For purposes of this Section, "standards" shall mean the published standards [or rules] established by 

organizations and technical societies of recognized national standing, other state agencies, or federal agencies 

[75:251 @)I. 

(1) Lengthy standards. When imposing standards of recognized organizations and technical societies. 

UNOFFICIAL 7/1/01 24 
or state or federal agencies, the preferred method is to rewrite the standards as part of the rule. 

However, if the standard is lengthy. in order to avoid unnecessary expense, an agency may ... incorporat[e] the 

standards ... in its rules ... by reference ... without reproducing the standards In full [75:25 1 (D)] . The agency 

rule which incorporates the standards shall identify the specific issue or issues ofpublications in which the 

standards are published [75:25 1 (D)] . (2) Text not submitted. Agencies submitting rules which incorporate standards by reference should 

not submit the text of such standards for publication. 

(3) Availability to public. The standards shall be readily available to the public for examination at the 

administrativeoflces of the agency. [75:25 1 (D)] The agency shall cite the hours when and the place where 

the standards are available to the public for examination. Such citation shall appear in the preamble 

[see 655: 10711 1 (b) (6)l. A copy of such standards shall be kept and maintained by the agency pursuant to the 

provisions of the Preservation of Essential Records Act. [75: 25 1 (D) 1 

(4) Future amendments. Agencies may not incorporate by reference standards as they may be 

amended in the future. If the standard is updated, the agency may update the rule to reflect the 

updated standards only by promulgating another rule, or an amendment to the existing rule, which 

incorporates the new material. 

655:lO-5-16. Footnotes and endnotes 

(a) Endnotes. The use of endnotes in Sections is prohibited. 

(b) Footnotes. Effective September 1, 1998, the use of footnotes in Sections is prohibited. Footnotes used 

in rules prior to September 1, 1998 are considered part of the text of a Section. 

655:lO-5-17. Agency Notes 

(a) Not regulatory text. Agency Notes are not considered regulatory text. - (b) Applicability. Agencies shall use an Agency Note only when it is necessary for the agency to include. 

apart from the regulatory text, any of the following: 

(1) A reference to any rule requiring a new or revised form [75:251 (B) (2)(e)] as a result of the 

rulemaking action. 

(2) . A reference to any rearranging or relocation of a rule, to ensure that required strikeouts and 

underscoringdo not mislead the reader. For example, an Agency Note may be used to alert the reader 

that text being deleted or revoked in a Section has been added to another existing Section, or is being 

deleted because it already exists in another Section. 

(3) Any other information which the agency finds necessary, with the following restrictions: 

(A) An agency may not include such information in an Agency Note unless specifically approved 

by the OAR. 

(B) Agency Notes are used to clarify or identify something unique or unusual about a specific 

rulemaking ACTION rather than the rule itself. As such, Agency Notes are rarely transferred to the 

Code after Register publication. If a rule needs to be clarified, such clarification should be 

promulgated in the rule itself. An Agency Note should not be used to footnote or annotate a rule. 

It should not be used for cross referencing or "see also" cites, or for citing to federal or other laws. 

(c) Location. Agencies may type Agency Notes following a specific Section or Appendix or following the 

last Section or Appendix in the rule document. Agencies may not type Agency Notes within a Section or 

Appendix. 

(d) Format. Agencies shall prepare Agency Notes in the following format: 

(1) Beginning at the left margin and two single spaces below the last line of the Section or Appendix. 

type "Agency Note:", followed by the necessary information. 

(2) When an Agency Note is followed by the text of another Section. the agency shall begin the text 

of the next Section two single spaces below the Agency Note. 

655:lO-5- 18. Effective dates 

P- The effective date of a rule or rules is not written into regulatory text. The effective date of an action 

UNOFFICIAL 7/1/01 25 
is stated in the preamble and the enacting clause of a rule document. 

655:lO-5-19. Acronyms and abbreviations 

(a) Acronyms must be defined in rules. If an acronym is used throughout a Chapter, Subchapter, or Part, 

it must be defined in the appropriatedefinitions Section. If an acronym is used in a single Section, it must 

be defined in the Section's text. [See 655:lO-5-10 (relating to definitions)] 

(b) Abbreviationsshould not be used in rules unless it is absolutely necessary. If an abbreviation must be 

used, it should be explained the first time it is used andfor defined in a definitions Section. Certain 

abbreviations, such as F (for Fahrenheit) and C (for Celsius), are acceptable because of their widespread use. 

655:lO-5-20. Enumerations; parallel structure; "floating" text [REVOKED] 

UNOFFICIAL 7/1/01 
SUBCHAPTER 7. PREPARATION OF DOCUMENTS 

PART 1. GENERAL PROVISIONS 

655: 10-7- 1. Types of documents; excluded documents 

655: 10-7-2. Typing and word processing requirements 

655: 10-7-3. Document headings 

655: 10-7-4. Page numbering 

655: 10-7-5. Quality of copy [REVOKED] 

655: 10-7-6. Transmittal sheet; liaison verification 

PART 3. RULE DOCUMENTS 

655:lO-7-10. Tfies of rules and rule documents; rule document components; transmittal sheets 

655:lO-7-10.1. Register pages vs Code pages in the rule document [REVOKED] 

655: 10-7- 1 1. Preamble 

655: 10-7-12. Summaries of lengthy rules 

655: 10-7- 13. Enacting clause 

655: 10-7- 14. Regulatory text 

655: 10-7- 15. Supplemental information 

655: 10-7-16. Attestations 

655: 10-7-17. Code pages (permanent rule documents only) [REVOKED] 

PART 5. NOTICE DOCUMENTS 

655: 10-7-25. Notice document types; transmittal sheet 

655: 10-7-26. Notices of rulemaking intent 

655: 10-7-27. Notices of cancelled hearing or comment period 

655: 10-7-28. Notices of continued hearing or comment period 

655: 10-7-29. Statements of submission for gubernatorial and legislative review 

F 655: 10-7-30. Notices of gubernatorial approval 

655: 10-7-3 1. Notices of gubernatorial disapproval 

655: 10-7-32. Notices of legislative disapproval 

655:lO-7-33. Notices of withdrawn rules 

655: 10-7-34. Notices of intent to remove obsolete rules or internal statements [REVOKED] 

655: 10-7-35. Notices of errors in published documents 

655: 10-7-36. Notices of codification [REVOKED] 

655: 10-7-37. Notices of recodification [RESERVED] 

PART 7. MISCELLANEOUS DOCUMENTS 

655: 10-7-45. Local project funding contract announcements 

655: 10-7-46. Executive orders 

PART 9. DOCUMENT SCOPE 

655: 10-7-50. Combined category documents 

655: 10-7-5 1. Rule document scope. limitations 

655: 10-7-52. Notice document scope, limitations 

655: 10-7-53. Miscellaneous document scope. limitations 

655: 10-7-54. Multiple rulemaking authorities 

PART 1. GENERAL PROVISIONS 

655: 10-7- 1. Types of documents; excluded documents 

(a) Rulemaking documents. Notice and rule documents published in the Register are legal instruments 

through which a rulemaking entity revises its existing rules, or enacts new rules. 

(1) Notice documents. Notice documents announce an agency'sintention to adopt rules or the 

agency's compliance with certain other steps in the rulemaking process. Notice documents are 

published in the Register but are not included in the Code. ' [See Part 5 of this Subchapter (relating to 

notice documents)] 

UNOFFICIAL 7/1/01 
(2) Rule documents. Rule documents announce final adoption of permanent rules [75:250.3(4): 

75:308.1 (A)], or adoption of emergency or preemptive rules [75:253; 75:250.6]. 

(A) Permanent, preemptive rules. Inclusion of a rule in the Code requires prior publication in 

a rule document in the Register as a finally adopted permanent rule or as an adopted preemptive 

rule that has been approved by the Governor. 

(B) Emergency rules. Emergency rules are published in the Register but are not included in the 

Code. 

(b) Miscellaneous documents. In addition to rulemaking documents, local project funding contract 

announcements and executive orders are published in the Register. 

(1) Local project funding contract announcements. As required by Executive Order 95-26. 

executive agkncies must announce the availability of local project funding contracts in the Register. 

Local project announcements are not published in the Code. 

(2) Executive orders. Executive orders are published in both the Register and the Code. 

(c) Excluded documents. Notices or other documents which are not expressly required by law to be 

published in the Register or the Code shall not be published in the Register or the Code. 

655:lO-7-2. Typing and word processing requirements 

When preparingrules and documents that will be submitted to the OAR for publication in the Register, 

agencies shall comply with each of the following typing requirements and restrictions: 

(1) Requirements. 

(A) Use word processing software that is approved by the OAR as compatible with the software 

used for processingdocuments into the OAR'S databases. If an agency does not know if its software 

meets this requirement, the agency must contact the Office of Administrative Rules. [See also 

655:lO-9-1 (relating to electronic copies)] 

(B) Set paper size at 8% by 11 inches. Use plain white medium bond paper. 

(C) Set the page settings for printing on one side of the page only. 

(D) Set left, right, and top margins at one inch. Set bottom margin at .5 inch (to allow for page 

numbering, as described in 655: 10-7-4). 

(E) Set the font size to 1 1 or 12. 

(F) Type in the conventional uppercase and lowercase format (not all capital letters or "small 

caps"), unless otherwise specifically required in this Chapter (e.g., centered Title, Chapter, 

Subchapter, Part headings are typed in uppercase letters). 

(G) Set the line spacing to one. 

(H) Fasten the document together with a paper clip. 

(2) Restrictions. 

(A) Underscoring is reserved for the purpose of showing new language in rules. Do not underscore 

letters, numbers, words, or symbols except as expressly reserved by this subparagraph. [See also 

655:lO-5-2 and 655:lO-5-3 (relating to identifying language in new and amended rules)] For 

example, when typing the title of a book or other publication which is traditionally underscored, 

use some method other than underscoringor italicization to identify the title, such as capitalization 

or quotation marks. 

(B) Strikeouts are reserved for the purpose of showing deleted or revoked language in existing rules. 

Do not strikeout letters, numbers, words, or symbols except as expressly reserved by this 

subparagraph. [See also 655: 10-5-3 and 655: 10-5-4 (relating to identifying language in amended 

and revoked rules)] 

(C) Italics may not be used in rules except to identify language quoted from statutes, constitution, 

or other legal instruments. Do not italicize letters, numbers, words, or symbols except as expressly 

reserved by this subparagraph. [See also 655: 10-5- 12 (relating to quoting from legal instruments)] 

@) Do not use letterhead stationery. 

(E) Do not fold any pages of the document. 

(F) Do not staple any pages of the document. 

UNOFFICIAL 7/1/01 28 
(G) Do not bind the document together in any manner other than by paper clip. 

(H) Do not punch holes in any pages of the document. 

(I) Do not use carbon paper. 

(J) Do not handwrite any portion of the document except: 

(i) the signature or signatures and date required on attestations: 

(ii) the signature and date required on a transmittal sheet [see 655: 10-7-61; and 

(iii) the signatures and any other necessary handwriting on the Governor's approval of 

emergency or preemptive rules, a resolution by the Legislature disapproving rules, or an 

executive order. 

(K) Do not turn on line hyphenation. Do not force hyphenation to phonetically split words at the 

ends of lihes. 

(L) Do not use tables or columns within the text of a Section unless absolutely necessary [see 

655: 10-3-37 (relating to graphics in rules)]. Do not use tables or columns in preambles, notice 

documents, or local project funding contract announcements. The format of tables and columns 

is not retained (except in scanned Appendices) when a document is moved to the database and 

published in the Register and Code. 

(M) Do not center text within Sections, preambles, notice documents, or local project funding 

contract announcements. The centering is not retained (except in Appendices) when a document 

is moved to the database and published in the Register and Code. 

(N) When using a fraction, formula, or equation (except in scanned Appendices), do not use 

underscoring for a division line. The underscoring will be lost when amendatory language is 

removed from Sections. Instead, use the division sign (+ ), the words "divided by," or a slash. For 

example: 

(i) [Cy- .8) + (z- 1.2)] + Cy + z) 

(ii) [Cy - .8) + (z - 1.2)] divided by Cy + z) 

(iii) [Cy - .8) + (z - 1.211 1 Cy + z) 

(0) Do not draw boxes around, or lines above, below, or around text (except if needed in 

Appendices). 

(P) Do not use unusual word processing features, such as small caps, styles, hard back tabs, index 

codes, etc. (except if needed in Appendices). 

(Q) Do not change font size (except superscript and subscript) or font style (except italics and 

bold) in a document. Font changes, other than those in Appendices, which are scanned, are not 

retained when the document is moved to the database and published in the Register and Code. 

(R) Do not add extra horizontal spacing (blank lines), except in Appendices or as otherwise 

specifically required in this Chapter. If used (other than in Appendices), the extra spacing will not 

be retained when the document is moved to and published in the Register and Code. 

(S) Do not use dot leaders (except if needed in Appendices). If used (other than in scanned 

Appendices). the dot leaders will not be retained when moved to and published in the Register and 

Code. 

O Do not include extraneous information, such as information sometimes added to identify the 

electronic location of the document (e.g.. file name, path, date, drafter's initials, etc.) 

655: 10-7-3. Document headings 

Begin each rule document and notice document with a document heading, prepared as follows: 

(1) Format. Document headings must be: 

(A) centered, 

(B) bolded, and 

(C) typed in uppercase letters. 

(2) Contents. Document headings must include two components, prepared as follows: 

(A) Identification of Title. On the first line, type the word TITLE, followed by a space, the Title 

number, a period, two spaces, and the Title's heading in uppercase letters. If more than one line 

UNOFFICIAL 7/1/01 29 
is needed for the Title, center all lines, with no hard returns between the lines. 

(B) Identification of Chapter. On the line below the Title designation, type the word 

CHAPTER, followed by a space, the Chapter number, a period, two spaces, and the Chapter's 

heading in uppercase letters. If more than one line is needed for the Chapter, center all lines, with 

no hard returns between the lines. 

655: 10-7-4. Page numbering 

All pages of a document submitted to the OAR, except attestations in a rule document and transmittal 

sheets, shall be numbered consecutively, with page numbers centered in the bottom margin. 

65510-7-5. Qu'ality of copy [REVOKED] 

655: 10-7-6. Transmittal sheet; liaison verification 

(a) Use; format. 

(1) A transmittal sheet must accompany each document submitted to the OAR and each emergency 

rule document submitted to the Governor and the Legislature. The transmittal sheet is not published. 

(2) The transmittal sheet must include the headings and information described in (b) of this Section, 

formatted pursuant to the following: 

(A) Begin each heading at the left margin. 

(B) Begin the contents required for each heading on the first line below the heading. 

(C) Indent the first line of the contents, but do not indent subsequent lines of the contents. 

(b) Content. The transmittal sheet must be prepared pursuant to the style required in (a)(2) of this 

Section and must include the following headings and information: 

(1) Name of agency. Under the bolded heading "NAME OF AGENCY:", type the name exactly as 

it appears in the agency's assigned Title heading in the OAC or, if the document is a local project 

funding contract announcement, type the name of the issuing agency. 

(2) Type of document. Under the bolded heading "TYPE OF DOCUMENT:", identify the type of 

document by typing one of the following: 

(A) Final adoption of permanent rules. 

(B) Adoption of emergency rules. 

(C) Adoption of preemptive rules. 

(D) Notice of rulemaking intent. 

(E) Notice of cancelled hearing or comment period. 

(F) Notice of continued hearing or comment period. 

(G) Statement of submission for gubernatorial and legislative review. 

(H) Notice of gubernatorial approval. 

(I) Notice of gubernatorial disapproval. 

(J) Notice of legislative disapproval. 

(K) Notice of withdrawn rules. 

(L) Notice of errors in published document. 

(M) Local project funding contract announcement. 

(3) Liaison verification. Under the bolded heading "LIAISON VERIFICATION:", include the 

following signed statement: "I verify that I have reviewed the attached document and that it 

substantially conforms to filing and format requirements of the APA and the rules of the Secretary of 

State. Additional information may be obtained by contacting me at (telephone number)." The 

statement must be followed by the liaison's signature, typed name, and job title. and the date the 

liaison signs the verification. 

PART 3. RULE DOCUMENTS 

655:lO-7-10. Types of rules and rule documents; rule document components; transmittal sheets 

UNOFFICIAL 7/1/01 3 0 
(a) Types of rules and rule documents. A rule document contains either permanent, emergency, or 

preemptive rules. 

(1) A permanent rule document contains finally adopted permanent rules. 

(2) An emergency rule document contains adopted emergency rules. 

(3) A preemptive rule document contains adopted preemptive rules. 

(b) Rule document components. A rule document consists of the following components, in the following 

order: 

(1) Document heading [see 655: 10-7-31. 

(2) Preamble [see 655: 10-7- 1 11. 

(3) Summary of the rules (if rules are too lengthy to publish in the Register) [see 655: 10-7- 121. 

(4) ~nacting' clause [see 655: 10-7- 131. 

(5) Regulatory text [see 655: 10-7- 141. 

(6) Supplemental information (if applicable) [see 655: 10-7- 151. 

(7) Attestation [see 655: 10-7-161. 

(c) Rule document scope. See 655: 10-7-5 1 for information about the scope of a rule document. 

(d) Transmittal sheet. Each rule document submitted to the OAR shall be accompanied by a transmittal 

sheet prepared pursuant to 655: 10-7-6. 

655:lO-7-10.1. Register pages vs Code pages in the rule document [REVOKED] 

655:lO-7-11. Preamble 

(a) Use; location; format. 

(1) Use. Each rule document submitted for Register publication, and each emergency or preemptive 

rule document submitted to the Governor and the Legislature, must begin with a document heading 

[see 655: 10-7-31, followed by a preamble prepared pursuant to this Section. The preamble is followed 

by the enacting clause [see 65510-7-13]; except, if the text of the rules exceeds 75 pages, the preamble 

is followed by the summary [see 655:lO-7-12]. [See also 655: 10-7-51 (relating to rule document 

scope) I 

(2) Location. The preamble begins two single spaces below the document heading [see 655: 10-7-31. 

(3) Format. 

(A) The preamble must be single-spaced. 

(B) The preamble must include the headings and information required in (b) of this Section. 

formatted pursuant to the following: 

(i) Begin each heading and subheading at the left margin. 

(ii) Begin the contents required for each heading and subheading on the first line below the 

heading or subheading. 

(iii) Indent the first line of the contents, but do not indent subsequent lines of the contents; 

except, when listing rules under the heading RULES [see (b) (2) of this Section], begin each 

rule number on a separate indented line under the heading. 

(b) Content. The preamble must be prepared in the style described in (a) (3) of this Section and must 

contain the following headings and information: 

(1) Rulemaking action. Under the bolded heading "RULEMAKING ACTION:", type one of the 

following: 

(A) If permanent rules, type "PERMANENT final adoption." 

(B) If emergency rules, type "EMERGENCY adoption." 

(C) If preemptive rules, type "PREEMPTIVE adoption." 

(2) Rules. Under the bolded heading "RULES:", identify adopted rules (if emergency or preemptive) 

or finally adopted rules (if permanent) pursuant to the following: 

(A) Less than 30 SectionsIAppendices affected. If less than 30 Sections and/or Appendices are 

added, amended, revoked, renumbered, andlor reserved: 

(i) cite each Section and Appendix, followed by the word [NEW], [AMENDED], [REVOKED], 

UNOFFICIAL 7/1/01 3 1 
[RENUMBERED], [AMENDED AND RENUMBERED], or [RESERVED]. If consecutive 

Sections or Appendices are added, amended, revoked, renumbered, or reserved, they may be 

grouped together (e.g., 10: 10- 1-5 through 10: 10- 1 -9 [AMENDED] ; 10: 1 0- 1 - 10 and 10: 1 0- 1 - 1 1 

[REVOKED] ; 10: 10- 1 - 15 through 10: 10- 1- 17 [NEW] ; Appendix C through Appendix G 

[NEW]), and 

(ii) include all applicable Subchapter and Part numbers and headings, and add [NEW] or 

[REVOKED] following the headings of Subchapter and Parts that are added or revoked. If a 

heading is being amended, identify the changes using strikeouts and underscoring as described 

in 6.5510-5-3(b). 

(B) 30 or more SectionsIAppendices affected. If 30 or more Sections and/or Appendices are 

added, amended, revoked, renumbered. and/or reserved: 

(i) cite the Chapter number and heading, rather than citing each Section and Appendix, and: 

(ii) identify whether the Chapter itself is new, amended, or revoked. as follows: 

(I) New Chapter. If the Chapter is a new Chapter, add the word [NEW] following the 

Chapter number and heading. 

01) Revoked Chapter. If the entire Chapter is revoked (i.e.. every Section and Appendix 

in the Chapter, except those previously reserved, renumbered, or revoked, is being 

revoked), add the word [REVOKED] following the Chapter number and heading. 

(III) Amended Chapter. If an existing Chapter is amended (i.e., SectionsIAppendices are 

added, amended, revoked, renumbered, and/or reserved), add the word [AMENDED] 

following the Chapter number and heading. If the Chapter heading is being amended, 

identify the changes using strikeouts and underscoring as described in 655: 10-5-3(b). 

(3) Authority. Under the bolded heading "AUTHORITY:": 

(A) identify the rulemaking entity, as defined in 655:lO-1-2, and 

(B) cite the statute or other legal instrument which authorizes the promulgation of rules for this 

area of control, or the statute or other legal instrument which authorizes the rules. Do not cite APA 

statutes which authorize rulemaking procedures except when promulgating "required rules" pursuant 

to 655: 10-5-7. 

(4) Dates. Under the bolded heading "DATES:", identify each of the following dates which apply to 

the rulemaking action. 

(A) Comment period. Under the bolded subheading "Comment period:", cite one of the 

following: 

(i) Permanent rules. If the rules are permanent rules, cite the beginning date and ending date 

of the comment period announced in the published Notice of Rulemaking Intent. 

(ii) Emergency, preemptive rules. If the rules are emergency or preemptive rules AND if a 

comment period was announced in a published Notice of Rulemaking Intent, cite the 

beginning date and ending date of the comment period. Do not include this subheading or 

this information if no comment period was held or announced in the Register for the 

emergency or preemptive rules. 

(B) Public hearing. Under the bolded subheading "Public hearing:", cite one of the following: 

(i) Permanent rules. If the rules are permanent rules, cite one of the following: 

(I) the date of the public hearing, if one was announced in a published Notice of 

Rulemaking Intent, or 

(11) "None held or requested" if a public hearing was not scheduled and not demanded 

pursuant to 75 O.S., Section 303(C). 

(ii) Emergency, preemptive rules. If the rules are emergency or preemptive rules AND if a 

public hearing was announced in a published Notice of Rulemaking Intent, cite the date of the 

public hearing. Do not include this subheading or this information if no public hearing was 

held or announced in the Register for the emergency or preemptive rules. 

(C) Adoption. Under the bolded subheading "Adoption:", cite the date the rules were adopted 

by the rulemaking entity. 

UNOFFICIAL 7/1/01 3 2 
(D) Submitted to Governor. 

(i) Permanent rules. If the rules are permanent rules, under the bolded subheading 

"Submitted to Governor:", cite the date the permanent rules were submitted to the Governor 

for review. 

(ii) Emergency, preemptive rules. If the rules are emergency or preemptive rules, do not 

include the subheading or information described in this subparagraph. 

(E) Submitted to House. 

(i) Permanent rules. If the rules are permanent rules, under the bolded subheading 

"Submitted to House:", cite the date the permanent rules were submitted to the Speaker of 

the House of Representatives for review. 

(ii) Emergency, preemptive rules. If the rules are emergency or preemptive rules, do not 

include the subheading or information described in this subparagraph. 

(F) Submitted to Senate. 

(i) Permanent rules. If the rules are permanent rules, under the bolded subheading 

"Submitted to Senate:", cite the date the permanent rules were submitted to the President Pro 

Tempore of the Senate for review. 

(ii) Emergency, preemptive rules. If the rules are emergency or preemptive rules, do not 

include the subheading or information described in this subparagraph. 

(G) Gubernatorial approval. 

(i) Permanent rules. If the rules are permanent rules AND if the permanent rules were 

approved by the Governor, under the bolded subheading "Gubernatorial approval:", cite the 

date the rules were approved by the Governor. Do not include this subheading or this 

information if the permanent rules were disapproved rather than approved by the Governor 

[see (H) of this paragraph for information required for gubernatorial disapprovals]. 

(ii) Emergency, preemptive rules. If the rules are emergency or preemptive rules, do not 

include the subheading or information described in this subparagraph. 

(H) Gubernatorial disapproval. 

(i) Permanent rules. If the rules are permanent rules AND if the permanent rules were 

disapproved by the Governor [see (G) of this paragraph for information required for 

gubernatorial approvals], under the bolded subheading "Gubernatorial disapproval:", cite one 

of the following: 

(I) the date the permanent rules were disapproved by the Governor, or 

(11) "Failure of the Governor to approve the rules resulted in disapproval of the rules on 

(date)." [see 75:303.2(A) (2); see also 655: 10-7-311 

(ii) Emergency, preemptive rules. If the rules are emergency or preemptive rules, do not 

include the subheading or information described in this subparagraph. 

(I) Legislative approval. 

(i) Permanent rules. If the rules are permanent rules, under the bolded subheading 

"Legislative approval:", cite one of the following: 

(I) "Approved [effective date of joint or concurrent resolution approving the permanent 

rule(s)] by [number of joint or concurrent resolution]." or 

01) "Failure of the Legislature to disapprove the rule(s) resulted in approval on (date): [see 

75:308(E)], or 

011) "Approved [effective date of joint or concurrent resolution waiving Legislature's review 

period] by [number of joint or concurrent resolution], waiving the Legislature's thirty 

legislative-day review period" [see 75:308(B) (2) (b)] . (ii) Emergency, preemptive rules. If the rules are emergency or preemptive rules, do not 

include the subheading or the information described in this subparagraph. 

O) Final adoption. 

(i) Permanent rules. If the rules are permanent rules, under the bolded subheading "Final 

adoption:", cite the date of final adoption. 

UNOFFICIAL 7/1/01 33 
(ii) Emergency, preemptive rules. If the rules are emergency or preemptive rules, do not 

include the subheading or information described in this subparagraph. 

(K) Effective. Under the bolded subheading "Effective:", cite one of the following: 

(i) Permanent rules. If the rules are permanent, cite the specific effective date of the rules. 

Do not cite "ten days after publication in the Register." 

(ii) Emergency rules. If the rules are emergency, cite one of the following: 

(I) If the emergency rules will be effective immediately upon approval by the Governor, 

type "Immediately upon Governor's approval"; 

(11) If the emergency rules will be effective on a specific date that falls within the 

Governor's 45 calendar-day review period, but is contingent upon whether or not the 

dovemor has already approved the rules, type "Immediately upon Governor's approval or 

(specific date), whichever is later": or 

(III) If the emergency rules will be effective on a specific date that follows the completion 

of the Governor's 45 calendar-day review period, type the specific effective date. [see 

75:253(D) (l)] 

(iii) Preemptive rules. If the rules are preemptive, cite one of the following: 

(I) If the preemptive rules will be effective immediately upon approval by the Governor, 

type "Immediately upon Governor's approval"; 

(11) If the preemptive rules will be effective on a specific date that falls within the 

Governor's 28 calendar-day review period, but is contingent upon whether or not the 

Govemor has already approved the rules, type "Immediately upon Governor's approval or 

(specific date), whichever is later"; or 

(III) If the preemptive rules will be effective on a specific date that follows the completion 

of the Governor's 28 calendar-day review period. type the specific effective date. [see 

75:250.6(B) (6)] 

(L) Expiration. 

(i) Emergency rules. If the rules are emergency rules, under the bolded subheading 

"Expiration:", cite one of the following: 

(I) If the emergency is rules are in effect on the first day of the session and therefore shall be null 

and void on July 15 immediately following sine die adjournment of the Legislature 

[75:253(H) (3) (a)], type "Effective through July 14, (year), unless superseded by another 

rule or disapproved by the Legislature." 

(11) If the agency designates an earlier expiration date pursuant to 75 O.S., Section 

253(H) (2) (d) , type "Expires (date), unless superseded by another rule or disapproved by 

the Legislature." 

(ii) Permanent, preemptive rules. If the rules are permanent or preemptive rules, do not 

include the subheading or information described in (i) of this subparagraph. 

(5) Superseded emergency actions; expired emergency rules. 

(A) Under the bolded heading "SUPERSEDED EMERGENCY ACTIONS:", cite one of the 

following: 

(i) Rules that do NOT supersede emergency rules. If the rules are permanent, emergency, 

or preemptive rules and do not supersede any emergency rules, type "nla." 

(ii) Rules that DO supersede emergency rules. If the rules are permanent, emergency, or 

preemptive rules and do supersede an emergency action, include the information in (I) through 

(IV) of this unit. If more than one emergency action is being superseded, repeat (I) through 

(IV) for each action. 

(I) Superseded rules. Under the bolded subheading "Superseded rules:", identify the 

superseded emergency rules by citing each Section and Appendix being superseded. 

followed by the word [NEW], [AMENDED], [REVOKED], [RENUMBERED], 

[AMENDED AND RENUMBERED], or [RESERVED]. 

(11) Gubernatorial approval. Under the bolded subheading "Gubernatorial approval:", 

UNOFFICIAL 7/1/01 34 
cite the date the superseded emergency rules were approved by the Governor. 

(111) Register publication. Under the bolded subheading "Register publication:", 

include the full citation to the Register publication of the superseded emergency rules. [see 

655: 10- 15-6 (relating to citing the Register) I 

(IV) Docket number. Under the bolded subheading "Docket number:", cite the docket 

number assigned to the rule document which contains the superseded emergency rule(s) . (B) If a Section or Appendix was added, revoked, amended, reserved, or renumbered by emergency 

rulemaking and will not be superseded by a permanent or preemptive action prior to its expiration, 

the agency must notify the OAR pursuant to 655: 10-5-6(d). 

(6) Incorporations by reference. Under the bolded heading "INCORPORATIONS BY 

REFERENCB:*. cite one of the following: 

(A) Rules that do NOT incorporate by reference. If the rules do not incorporate any standards 

or rules by reference, type "nla." [See 75:25 1 (D) and 655: 10-5- 15 relating to incorporations by 

reference] 

(B) Rules that DO incorporate by reference. If the rules incorporate by reference the published 

standards or rules of nationally recognized organizations and technical societies, other state 

agencies, or federal agencies pursuant to 75 O.S., Section 251(D) and 655:lO-5-15, include the 

information in (i) through (iii) of this subparagraph. 

(i) Incorporated standards. Under the bolded subheading "Incorporated standards:", 

identify the incorporated standards by the proper title, edition, volume number, date, etc. 

(i) Incorporating rules. Under the bolded subheading "Incorporating rules:", identify the 

Section(s) or Appendix(ces) which incorporates the standards by reference. 

(iii) Availability. Under the bolded subheading "Availability:", cite the hours when and the 

place where the standards are readily available to the public for examination at the administrative 

offics ofthe agency [75:251 (D)]. 

(7) Finding of emergency. 

(A) Emergency rules. If the rules are emergency rules, under the bolded heading "FINDING OF 

EMERGENCY:", describe the imminentperil. . . to the preservation of the public health, safety, or welfare, 

or. . . compeUingpublic interest [75:253(A)] which necessitates the promulgation of the emergency rule. 

(B) Permanent, preemptive rules. If the rules are permanent or preemptive rules, do not include 

the heading or information described in this paragraph. 

(8) Analysis. Under the bolded heading "ANALYSIS:", prepare, in plain language, an analysis of new or 

amended rules 175:25 1 (B) (2) (01. The analysis shall include but not be limited to: 

(A) a reference to any statute that the rule interprets, any related statute or any related rule 

[75:25 1 (B) (2) (01, and 

(B) a reference to any rule requiring a new or revised form [75:25 1 (B) (2) (e) 1. 

(9) Contact person. Under the bolded heading "CONTACT PERSON:", include the name and 

phone number of a contact person for information regarding the rulemaking action. 

655: 10-7- 12. Summaries of lengthy rules 

When the regulatory text in a rule document exceeds 75 pages in length, the regulatory text is not 

published in the Register, but is maintained in the official files. When the text exceeds 75 pages, the agency 

shall also submit a summary as required by 75 O.S., Section 255(B). Only the document heading, 

preamble, and summary are published. The summary must immediately follow the preamble and precede 

the enacting clause, as follows: 

(1) Beginning at the left margin two single spaces below the preamble, type the following: DUE TO 

EXCESSIVE LENGTH OF THESE RULES (AS DEFINED IN OAC 655: 10-7- 12), THE FULL TEXT 

OF THESE RULES WILL NOT BE PUBLISHED. THE RULES ARE AVAILABLE FOR PUBLIC 

INSPECTION AT (agency name and location) AND AT THE SECRETARY OF STATE'S OFFICE OF 

ADMINISTRATIVE RULES. THE FOLLOWING SUMMARY HAS BEEN PREPARED PURSUANT 

TO 75 O.S., SECTION 255(B):. 

UNOFFICIAL 7/1/01 35 
(2) Beginning two lines below the statement required in (1) of this subsection, summarize the new, 

amended, or revoked rule(s) and state where the full text of the rule may be obtained [75:255(B)] by 

interested parties. 

655: 10-7-1 3. Enacting clause 

Beginning two single spaces below the preamble [see 655:lO-7-11] or the summary (if required) [see 

655:lO-7-12], type an enacting clause pursuant to this Section. Type the enacting clause in uppercase 

letters beginning at the left margin. 

(1) Permanent rules. If the rules are permanent rules, type the following enacting clause: 

PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE 

CONSIDERl?D FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTION 308.1 (A), WITH AN 

EFFECTIVE DATE OF (date) : 

(2) Emergency rules. If the rules are emergency rules, type one of the following enacting clauses: 

(A) If the effective date cited by the agency in the preamble of the emergency rule document is 

"Immediately upon Governor's approval" [as described in 655: 10-7- 1 1 (b) (4) (K) (ii) (I)], type the 

following enacting clause: PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE 

FOLLOWING EMERGENCY RULES ARE CONSIDERED PROMULGATED AND EFFECTIVE 

UPON APPROVAL BY THE GOVERNOR AS SET FORTH IN 75 O.S., SECTION 253(D): 

(B) If the effective date cited by the agency in the preamble of the emergency rule document is 

"Immediately upon Governor's approval or (date), whichever is later" [as described in 65510-7- 

1 1 (b) (4) (K) (ii) (11)], type the following enacting clause: PURSUANT TO THE ACTIONS 

DESCRIBED HEREIN, THE FOLLOWING EMERGENCY RULES ARE CONSIDERED 

PROMULGATED UPON APPROVAL BY THE GOVERNOR AS SET FORTH IN 75 O.S., 

SECTION 253(D). AND EFFECTIVE UPON APPROVAL BY THE GOVERNOR OR (date). 

WHICHEVER IS LATER: 

(C) If the effective date cited by the agency in the preamble of the emergency rule document is a 

specific date that follows the completion of the Governor's review period [as described in 655: 10-7- 

1 1 (b) (4) (K) (ii) (III)], type the following enacting clause: PURSUANT TO THE ACTIONS 

DESCRIBED HEREIN. THE FOLLOWING EMERGENCY RULES ARE CONSIDERED 

PROMULGATED UPON APPROVAL BY THE GOVERNOR AS SET FORTH IN 75 O.S., 

SECTION 253 (D), WITH A LATER EFFECTIVE DATE OF (date) : 

(3) Preemptive rules. If the rules are preemptive rules, type one of the following enacting clauses: 

(A) If the effective date cited by the agency in the preamble of the preemptive rule document is 

"Immediately upon Governor's approval" [as described in 655: 10-7- 1 1 (b) (4) (K) (iii) (I)], type the 

following enacting clause: PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE 

FOLLOWING PREEMPTIVE RULES ARE CONSIDERED PROMULGATED AND EFFECTIVE 

UPON APPROVAL BY THE GOVERNOR AS SET FORTH IN 75 O.S., SECTION 250.6(B) (6): 

(B) If the effective date cited by the agency in the preamble of the preemptive rule document is 

"Immediately upon Governor's approval or (date), whichever is later" [as described in 655:lO-7- 

1 1 (b) (4) (K) (iii) (11)], type the following enacting clause: PURSUANT TO THE ACTIONS 

DESCRIBED HEREIN, THE FOLLOWING PREEMPTIVE RULES ARE CONSIDERED 

PROMULGATED UPON APPROVAL BY THE GOVERNOR AS SET FORTH IN 75 O.S., 

SECTION 250.6(B) (6), AND EFFECTIVE UPON APPROVAL BY THE GOVERNOR OR (date), 

WHICHEVER IS LATER. 

(C) If the effective date cited by the agency in the preamble of the preemptive rule document is 

a specific date that follows the completion of the Governor's review period [as described in 655: 10- 

7- 1 1 (b) (4) (K) (iii) (111)], type the following enacting clause: PURSUANT TO THE ACTIONS 

DESCRIBED HEREIN, THE FOLLOWING PREEMPTIVE RULES ARE CONSIDERED 

PROMULGATED UPON APPROVAL BY THE GOVERNOR AS SET FORTH IN 75 O.S., 

SECTION 250.6 (B) (6). WITH A LATER EFFECTIVE DATE OF (date) : 

UNOFFICIAL 7/1/01 3 6 
655:lO-7-14. Regulatory text 

Beginning two single spaces below the enacting clause described in 655: 10-7- 13, include the adopted 

(if emergency or preemptive) or finally adopted (if permanent) Sections and Appendices (including 

applicable Subchapter and Part numbers and headings), identifying all revisions and additions to the text 

as required by 75:251 (B) (2) (c) and 655:lO-5-2 through 655: 10-5-4. 

655: 10-7-15. Supplemental information 

(a) Use; publication. Supplemental information in a rule document may only contain, when applicable, 

brief notes,~illustrations, findings of facts, and references to digests of Supreme Court cases, other court decisions, or 

Attorney General? opinions, and other explanatory material [75:25 1 (B) (2) (g)] . The text of supplemental 

information is not considered regulatory text. Supplemental information is not published but is maintained 

in the official RegisterfCode files. 

(b) Location; heading. Agencies shall begin supplemental information on a separate sheet of paper in the 

rule document. Supplemental information shall follow the Register pages of regulatory text [see 655: 10-7- 

141 and precede the attestation. Agencies shall type a heading on the first page of the supplemental 

information, as follows: 

(1) Type "SUPPLEMENTAL INFORMATION" centered on a line approximately one inch from the 

top of the page. 

(2) Beginning two single spaces below the information required in (1) of this subsection, type a 

centered, single-spaced heading which is identical to the document heading [see 655: 10-7-31. 

655:lO-7-16. Attestations 

(a) Use. Agencies shall include an attestation in each rule document submitted to the OAR for Register 

publication, and in each emergency and preemptive rule document submitted to the Governor and the 

F Legislature (and subsequent Register publication). Such attestation shall be prepared as set forth in this 

Section and 75 O.S., Section 254. The attestation is not published in the Register or the Code, but is 

maintained with the official rule document in the official files. 

(b) Location. Prepare the attestation on a separate page in the document. The attestation follows 

regulatory text [see 655: 10-7- 141, or supplemental information if applicable [see 655: 10-7- 151. 

(c) Original signature. At least one copy of the attestation in permanent rule documents submitted to 

the OAR and emergency or preemptive rule documents submitted to the Governor and the Legislature must 

contain an original signature of an authorized attestation officer [see 655:lO-1-6 (relating to agency 

representatives)]. All copies of the attestation may be photocopies in emergency and preemptive rule 

documents submitted to the OAR for publication after approval by the Governor. 

(d) Authorized signatures. Pursuant to 65510-1-6, the rulemaking entity must report to the OAR the 

name of each person who is authorized by the rulemaking entity to sign attestations for rules. The OAR 

will not accept a rule document for publication unless the name or names of the person or persons signing 

the attestation have been reported in writing to the OAR pursuant to this subsection and 655:lO-1-6(d). 

(e) Contents. Attestations for rule documents must contain the following two paragraphs and an 

authorized signature: 

(1) First paragraph. The language of the first paragraph must read: (I, We), the undersigned, do 

hereby attest that the copy enclosed herewith is a true and correct copy of (amendments to, additions 

to, revoked, new) (Chapter number), (Chapter heading) which (was, were) (adopted, considered finally 

adopted) by (title of rulemaking entity) on (date) under (emergency, preemptive, permanent) 

rulemaking provisions of the Administrative Procedures Act. 75 O.S., Sections 250 et seq. 

(2) Second paragraph. The language of the second paragraph must read: (I. We), the undersigned, 

do hereby attest that such (rule, rules) (was, were) (adopted, finally adopted) in substantial compliance 

with the Administrative Procedures Act. 

(3) Authorized signature. The attestation must be signed by an attestation officer [see 655: 10- 1-6). 

The signature is followed by, the typed name and title of the attestation officer, and the date the 

attestation is signed. 

UNOFFICIAL 7/1/01 37 
655: 10-7- 17. Code pages (permanent rule documents only) [REVOKED] 

PART 5. NOTICE DOCUMENTS 

65510-7-25. Notice document types; transmittal sheet 

(a) Types of notices. Notice documents announce various types of rulemaking actions, as follows: 

(1) Notice of rulemaking intent. 

(2) Notice of cancelled hearing or comment period. 

(3) Notice of continued hearing or comment period. 

(4) Statement of submission of permanent rules for gubernatorial and legislative review, 

(5) Notice df gubernatorial approval of permanent rules. 

(6) Notice of gubernatorial disapproval of permanent rules. 

(7) Notice of legislative disapproval of rules. 

(8) Notice of withdrawn rules. 

(9) Notice of error in published document. 

(b) Transmittal sheet. Each notice document submitted to the OAR shall be accompanied by a 

transmittal sheet prepared pursuant to 655: 10-7-6. 

655:lO-7-26. Notices of rulemaking intent 

(a) Use. 

(1) Permanent rules. Prior to adoption of a permanent rule, the agency must publish in the Register 

a notice describing the intended rulemaking action. The notice of rulemaking intent must be prepared 

pursuant to this Section. The agency must allow a minimum 20-day comment period following 

publication of the notice before adopting the rules. [75:303(A)-(C)] 

(2) Emergency and preemptive rules. Although an agency is not required to publish a notice of 

rulemaking intent prior to adoption of an emergency or preemptive rule, the agency may publish a 

notice of rulemaking intent that announces a full or abbreviated comment period and/or a hearing. If 

the agency elects to publish a notice of rulemaking intent, the notice must be prepared pursuant to this 

Section. [75:253U) and 75:250.6(D)] 

(b) Format; document heading. The notice of rulemaking intent begins with the document heading 

required in 65510-7-3. Beginning two single spaces below the document heading, include the headings and 

information described in (c) of .this Section, formatted pursuant to the following: 

(1) Begin each heading at the left margin. 

(2) Begin the contents required for each heading on the first line below the heading. 

(3) Indent the first line of the contents, but do not indent subsequent lines of the contents; except, 

when listing rules under the heading PROPOSED RULES [see (c) (2) of this Section], begin each rule 

number on a separate indented line under the heading. 

(c) Content. A notice of rulemaking intent must be prepared pursuant to the style required in (b) of this 

Section and must contain the following headings and information: 

(1) Rulemaking action. Under the bolded heading "RULEMAKING ACTION:", type one of the 

following: 

(A) If permanent rulemaking is proposed, type "Notice of proposed PERMANENT rulemaking." 

(B) If emergency rulemaking is proposed, type "Notice of proposed EMERGENCY rulemaking." 

(C) If preemptive rulemaking is proposed, type "Notice of proposed PREEMPTIVE rulemaking." 

(D) If permanent and emergency rulemaking are simultaneously proposed (i.e.. the agency is 

announcing a comment periodthearing to consider adopting the proposed rules as both permanent 

and emergency rules), type "Notice of proposed PERMANENT and EMERGENCY rulemaking." 

(2) Proposed rules. Under the bolded heading "PROPOSED RULES:", identify the proposed 

rulemaking action. It is the agency's responsibility to determine how specific its identification of the 

proposed rules should be. However, the agency must comply with the following: 

(A) If the agency elects not to identify each affected Section and Appendix, the agency must at a 

UNOFFICIAL 7/1/01 38 
minimum identify whether the Chapter itself is being added, amended, or revoked by typing the 

Chapter number and name followed by [NEW], [AMENDED], or [REVOKED]. 

(B) If the agency elects to identify each affected Section, Appendix, Part, and Subchapter, the 

agency must identify whether the Sections, Appendices. Parts, and/or Subchapters are [NEW], 

[AMENDED], [REVOKED]. [RESERVED], [RENUMBERED], or [AMENDED AND 

RENUMBERED]. If headings or taglines are included, identify any proposed amendments to a 

heading or tagline through the use of strikeouts and underscoring. [See also 655: 10-7- 1 1 (b) (2) 

(relating to identifying rules in preambles)] 

(3) Summary. Under the bolded heading "SUMMARY:", explain the proposed action by including, 

at a minimum, the following statutory requirements: 

(A) in simple language, a brief summary of the rule[s]. [75:303 (B) (I)] 

(B) the proposed action[s] being taken. [75:303 (B) (2)] 

(C) the circumstances which created the need for the rule[s]. [75:303@) (3)] 

(D) the intended effect of the rule[s]. [75:303 03) (5) 1. 

(4) Authority. Under the bolded heading "AUTHORITY:": 

(A) identify the rulemaking entity, as defined in 655:lO-1-2, and 

(B) cite the specific legal authority authorizing the proposed rule [75:303(B) (4)]. The "specific legal 

authority" is the statute or other legal instrument which authorizes the promulgation of rules for 

this area of control, or the statute or other legal instrument which authorizes the rules. Do not cite 

APA statutes which authorize rulemaking procedures except when promulgating "required rules" 

pursuant to 655: 10-5-7. 

(5) Comment period. Under the bolded heading "COMMENT PERIOD:", cite the time when, the 

place where, and the manner in which interested persons may submit data, views or arguments, orally or 

in writing [75:303(A) (2)]. 

(6) Public hearing. Under the bolded heading "PUBLIC HEARING:", cite one of the following: 

(A) If the agency schedules a hearing, cite the date, time and place of such hearing, and the manner 

in which interested persons may present their views [75:303(B) (7)]. 

(B) If the agency does not schedule a hearing, cite the time when, the place where, and the manner in 

which persons may demand a hearing [75:303(B) (9)l. 

(7) Requests for comments from business entities. Under the bolded heading "REQUESTS FOR 

COMMENTS FROM BUSINESS ENTITIES," identify whether any of the proposed rules affect business 

entities, as follows: 

(A) Ifthe agency determines that the rule[s] aflects business entities, include a request that such entities provide 

the agency, within the comment period, in dollar amounts ifpossible, the increase in the level of direct costs . . . and indirect costs . . . , or other costs expected to be incurred by a particular entity due to compliance with 

the proposed rule[s] [75:303(B)(6)]; or 

(B) Ifthe agency determines that the rule(s) does not affect business entities, as described in (A) of this paragraph 

and in 75 O.S., Section 303(B)(6), type "nla." 

(8) Copies of proposed rules. Under the bolded heading "COPIES OF PROPOSED RULES:", cite 

where copies of the proposed rules may be obtained far review by the public [75:303 (B) (1 O)] . Other information 

about the proposed rules, such as copying charges, may also be included. 

(9) Rule impact statement. Under the bolded heading "RULE IMPACT STATEMENT:", state if 

the agency intends to issue a rule impact statement ... and where copies of such impact statement may be obtained 

for review by thepublic [75:303@) (8)l. Do not include the rule impact statement itself. The rule impact 

statement must be issued prior to or within ffieen (1 5) days after the date of publication of the notice of proposed 

rule adoption (i.e.. the Notice of Rulemaking Intent) [75:303(D) (I)]. 

(10) Contact person. Under the bolded heading "CONTACT PERSON:", include the name and 

phone number of a contact person for information regarding the proposed rulemaking. 

(1 1) Additional information. Under the bolded heading "ADDITIONAL INFORMATION:", cite 

any additional information determined by the agency to be pertinent to the notice. The use of this 

category is optional. 

UNOFFICIAL 7/1/01 39 
655:lO-7-27. Notices of cancelled hearing or comment period 

(a) Use. When an agency cancels a hearing or comment period announced in a Notice of Rulemaking 

Intent, the agency shall submit a Notice of Cancelled Hearing or Comment Period pursuant to this Section. 

[See also 655: 10-7-52 (relating to notice document scope)] 

(b) Publication. 

(1) When the Notice of Cancelled Hearing or Comment Period is received by the OAR prior to the 

filing deadline for the Register issue in which the Notice of Rulemaking Intent will be published, the 

Notice of Rulemaking Intent is not published and the Notice of Cancelled Hearing or Comment Period 

is not-published. Both notices are maintained in the official files. 

(2) When the Notice of Cancelled Hearing or Comment Period is received by the OAR after the filing 

deadline for' the Register issue in which the Notice of Rulemaking Intent will be published, the 

cancellation notice is published in the next possible issue of the Register. 

(c) Format; document heading. The Notice of Cancelled Hearing or Comment Period begins with the 

document heading required in 655:lO-7-3. Beginning two single spaces below the document heading, 

include the headings and information described in (d) of this Section, formatted pursuant to the following: 

(1) Begin each heading at the left margin. 

(2) Begin the contents required for each heading on the first line below the heading. 

(3) Indent the first line of the contents, but do not indent subsequent lines of the contents; except. 

when listing rules under the heading PROPOSED RULES [see (d) (2) of this Section], begin each rule 

number on a separate indented line under the heading. 

(d) Content. A Notice of Cancelled Hearing or Comment Period must be prepared pursuant to the style 

required in (c) of this Section and must contain the following headings and information: 

(1) Rulemaking action. Under the bolded heading "RULEMAKING ACTION:", type the following: 

"Cancelled (comment period, public hearing, comment period and public hearing) relating to a 

proposed (PERMANENT, EMERGENCY, PERMANENTIEMERGENCY) rulemaking action." 

(2) Proposed rules. Under the bolded heading "PROPOSED RULES:", type the same information 

included under the heading "PROPOSED RULES" in the Notice of Rulemaking Intent [see 655: 10-7- 

26(c) (211. 

(3) Register publication of Notice. Under the bolded heading "REGISTER PUBLICATION OF 

NOTICE:", type the following: "The Notice of Rulemaking Intent for this action was published at 

(Register cite) ." [See 655: 10- 15-6 (relating to citing the Register)] 

(4) Cancelled comment period. Under the bolded heading "CANCELLED COMMENT PERIOD:" 

(if cancelling a comment period), cite the beginning date and ending date of the cancelled comment 

period. Do not include this heading or this information unless a comment period is being cancelled. 

(5) Cancelled public hearing. Under the bolded heading "CANCELLED PUBLIC HEARING:" (if 

cancelling a public hearing), cite the date, time and place of the cancelled public hearing. Do not 

include this heading or this information unless a public hearing is being cancelled. 

(6) Additional information. Under the bolded heading "ADDITIONAL INFORMATION:", cite 

any additional information determined by the agency to be pertinent to the notice. The use of this 

category is optional. 

655:lO-7-28. Notices of continued hearing or comment period 

(a) Use. If an agency continues a hearing or comment period announced in a published Notice of 

Rulemaking Intent, the agency may submit a Notice of Continued Hearing or Comment Period to the OAR. 

[See also 655:lO-7-52 (relating to notice document scope)] 

(b) Publication. If the hearing or comment period is continued to a date which is earlier than five days 

after the expected publication date of the Notice of Continued Hearing or Comment Period, the Notice of 

Continued Hearing or Comment Period is not published, but is maintained in the official Register files. 

(c) Format; document heading. The Notice of Continued Hearing or Comment Period begins with the 

document heading required in 655: 10-7-3. Beginning two single spaces below the document heading, 

include the headings and information described in (d) of this Section, formatted pursuant to the following: 
(1) Begin each heading and subheading at the left margin. 

(2) Begin the contents required for each heading and subheading on the first line below the heading 

or subheading. 

(3) Indent the first line of the contents, but do not indent subsequent lines of the contents: except, 

when listing rules under the heading PROPOSED RULES [see (d) (2) of this Section], begin each rule 

number on a separate indented line under the heading. 

(d) Content. A Notice of Continued Hearing or Comment Period must be prepared pursuant to the style 

required in (c) of this Section and must contain the following headings and information: 

(1) Rulemaking action. Under the bolded heading "RULEMAKING ACTION:", type the following: 

"Continued {(comment period, public hearing, comment period and public hearing) relating to a 

proposed (PERMANENT, EMERGENCY, PERMANENTIEMERGENCY) rulemaking action." 

(2) Proposed rules. Under the bolded heading "PROPOSED RULES:", type the same information 

included under the heading "PROPOSED RULES" in the Notice of Rulemaking Intent [see 655: 10-7- 

26(c) (211. 

(3) Register publication of Notice. Under the bolded heading "REGISTER PUBLICATION OF 

NOTICE:", type the following: "The Notice of Rulemaking Intent for this action was published at 

(Register cite) ." [See 655: 10- 15-6 (relating to citing the Register)] 

(4) Continued comment period. 

(A) Under the bolded heading "CONTINUED COMMENT PERIOD:" (if continuing a comment 

period), include the following: 

(i) Original comment period. Under the bolded subheading "Original comment period:", 

cite the beginning and ending dates of the original comment period. 

(ii) Continued to. Under the bolded subheading "Continued to:", cite the time when, the 

place where, and the manner in which interested persons may submit data, views or arguments, 

orally or in writing [75:303(A)(2)] for the comment period which continues the original 

comment period. 

(B) Do not include this heading or this information unless a comment period is being continued. 

(5) Continued public hearing. 

(A) Under the bolded heading "CONTINUED PUBLIC HEARING:" (if continuing a public 

hearing), include the following: 

(i) Original public hearing. Under the bolded subheading "Original public hearing:", cite 

the date, time, and place of the original public hearing. 

(ii) Continued to. Under the bolded subheading "Continued to:", cite the date, time, and 

place of the hearing which continues the original public hearing. 

(B) Do not include this heading or this information unless a public hearing is being continued. 

(6) Requests for comments from business entities. Under the bolded heading "REQUESTS FOR 

COMMENTS FROM BUSINESS ENTITIES," identi@ whether any of the proposed rules affect business 

entities, as follows: 

(A) Ifthe agencydetennines that the rule[s] afech business entities, include a request that such entitiesprovide 

the agency. within the commentperiod, in dollar amounts ifpossible, the increase in the level of direct costs. 

. . and indirect costs . . . , or other costs expected to be incurred by a particular entity due to compliance with 

the proposed rule[s] [75:303(B)(6)]; or 

(B) Ifthe agency determines that the rule(s) does not affect business entities, as described in (A) of this paragraph 

and in 75 O.S., Section 303(B)(6), type "nta." 

(7) Copies of proposed rules. Under the bolded heading "COPIES OF PROPOSED RULES:", cite 

where copies of the proposed rules may be obtained for review by the public [75:303(B) (9)]. 

(8) Rule impact statement. Under the bolded heading "RULE IMPACT STATEMENT:", state if 

the agency has issued or intends to issue a rule impact statement ... and where copies ofsuch impact statement 

may be obtained for review by the public [75:303 (B) (8)]. 

(9) Additional information. Under the bolded heading "ADDITIONAL INFORMATION:", cite 

any additional information determined by the agency to be pertinent to the notice. The use of this 

category is optional. 

UNOFFICIAL 7/1/01 4 1 
655:lO-7-29. Statements of submission for gubernatorial and legislative review 

(a) Use. Within 10 days after adoption of permanent rules. the agency must submit the rules to the 

Governor and the Legislature for review pursuant to 75 0.5, Section 303.1. Upon submission of the rules 

for review, the agency shaU also submit to theoffice of Administrative Rules for publication in The Oklahoma Register, 

a statement that the adoptedmles have been submitted to the Governor and the Legislature [75:303.1 (C)]. [See also 

655: 10-7-52 (relating to notice document scope)] 

(b) Format; document heading. The Statement of Submission for Gubernatorial and Legislative Review 

begins with the document heading required in 655: 10-7-3. Beginning two single spaces below the document 

heading, include the headings and information described in (c) of this Section, formatted pursuant to the 

following: 

(1) Begin ea'ch heading at the left margin. 

(2) Begin the contents required for each heading on the first line below the heading. 

(3) Indent the first line of the contents, but do not indent subsequent lines of the contents; except, 

when listing rules under the heading RULES [see (c) (2) of this Section], begin each rule number on 

a separate indented line under the heading. 

(c) Content. A Statement of Submission for Gubernatorial and Legislative Review must be prepared 

pursuant to the style required in (b) of this Section and must contain the following headings and 

information: 

(1) Rulemaking action. Under the bolded heading "RULEMAKING ACTION:", type the following: 

"Submission for gubernatorial and legislative review." 

(2) Rules. Under the bolded heading "RULES:", identify the submitted rules as described in 655: 10-7- 

1 l(bI(2). 

(3) Submitted to Governor. Under the bolded heading "SUBMITTED TO GOVERNOR:", cite the 

date the rules were submitted to the Governor for review. 

(4) Submitted to House. Under the bolded heading "SUBMITTED TO HOUSE:", cite the date the 

rules were submitted for review to the Speaker of the House of Representatives. 

(5) Submitted to Senate. Under the bolded heading "SUBMITTED TO SENATE:", cite the date 

the rules were submitted for review to the President Pro Tempore of the Senate. 

655:lO-7-30. Notices of gubernatorial approval 

(a) Use. Upon receipt of notification from the Governor that a permanent rule(s) has been approved 

pursuant to 75 O.S.. Section 303.2(A)(l), the agency must submit a Notice of Gubernatorial Approval of 

Permanent Rules to the OAR for publication in the Register. 

(b) Format; document heading. The Notice of Gubernatorial Approval of Permanent Rules begins with 

the document heading required in 655:lO-7-3. Beginning two single spaces below the document heading, 

include the headings and information described in (c) of this Section, formatted pursuant to the following: 

(1) Begin each heading at the left margin. 

(2) Begin the contents required for each heading on the first line below the heading. 

(3) Indent the first line of the contents, but do not indent subsequent lines of the contents; except. 

when listing rules under the heading RULES [see (c) (2) of this Section], begin each rule number on 

a separate indented line under the heading. 

(c) Content. A Notice of Gubernatorial Approval of Permanent Rules must be prepared pursuant to the 

style required in (b) of this Section and must contain the following headings and information: 

(1) Rulemaking action. Under the bolded heading "RULEMAKING ACTION:", type the following: 

"Gubernatorial approval of permanent rules." 

(2) Rules. Under the bolded heading "RULES:", identify the approved rules as described in 655:lO-7- 

1 l(b)(2). 

(3) Gubernatorial approval. Under the bolded heading "GUBERNATORIAL APPROVAL:", cite 

the date the rules were approved by the Governor. 

655:lO-7-31. Notices of gubernatorial disapproval 

UNOFFICIAL 7/1/01 42 
(a) Use. Upon receipt of notification from the Governor that a permanent rule(s) has been disapproved. 

or upon failure of the Governor to approve the rule within 45 calendar days after receiving the rule for 

review, pursuant to 75 O.S., Section303.2(A)(2), the agency must submit a Notice of Gubernatorial 

Disapproval of Permanent Rules in the Register. 

(b) Format; document heading. The Notice of Gubernatorial Disapproval of Permanent Rules begins 

with the document heading required in 655:lO-7-3. Beginning two single spaces below the document 

heading, include the headings and information described in (c) of this Section, formatted pursuant to the 

following: 

(1) Begin each heading at the left margin. 

(2) Begin the contents required for each heading on the first line below the heading. 

(3) Indent the first line of the contents, but do not indent subsequent lines of the contents; except, 

when listing rules under the heading RULES [see (c) (2) of this Section], begin each rule number on 

a separate indented line under the heading. 

(c) Content. A Notice of Gubernatorial Disapproval of Permanent Rules must be prepared pursuant to 

the style required in (b) of this Section and must contain the following headings and information: 

(1) Rulemaking action. Under the bolded heading 'RULEMAKING ACTION:", type the following: 

"Gubernatorial disapproval of permanent rules." 

(2) Rules. Under the bolded heading "RULES:", identify the disapproved rules as described in 655: 10- 

7-1 1 (b)(2). 

(3) Gubernatorial disapproval. Under the bolded heading "GUBERNATORIAL DISAPPROVAL:", 

cite the date the rules were disapproved by the Governor, pursuant to one of the following: 

(A) If written disapproval is given by the Governor, type "Written disapproval received (date). 

(B) If written approval or disapproval is not made by the Governor within 45 calendar days after 

submission. type "Failure of the Governor to approve the (rule, rules) within 45 calendar days 

resulted in disapproval on (date) ." 

655:lO-7-32. Notices of legislative disapproval 

(a) Use. Upon disapproval of a rule by the Legislature pursuant to 75 O.S., Section 308, the agency must 

submit notice of such disapproval for publication in the Register. In addition, the agency must submit a 

copy of the joint or concurrent resolution, or other legislative instrument, disapproving the rules and, if 

applicable, a copy of the Governor's veto message and a copy of the Legislature's override measure. [See 

also 655:lO-7-52 (relating to notice document scope)] 

(b) Format; document heading. The Notice of LegislativeDisapproval of Rules begins with the document 

heading required in 655: 10-7-3. Beginning two single spaces below the document heading, include the 

headings and information described in (c) of this Section, formatted pursuant to the following: 

(1) Begin each heading and subheading at the left margin. 

(2) Begin the contents required for each heading and subheading on the first line below the heading 

or subheading. 

(3) Indent the first line of the contents, but do not indent subsequent lines of the contents: except, 

when listing rules under the heading RULES [see (c) (2) of this Section], begin each rule number on 

a separate indented line under the heading. 

(c) Content. A Notice of Legislative Disapproval of Rules must be prepared pursuant to the style required 

in (b) of this Section and must contain the following headings and information: 

(1) Rulemaking action. Under the bolded heading "RULEMAKING ACTION:", type one of the 

following: 

(A) If the disapproved rules are permanent, type "Legislative disapproval of PERMANENT rules." 

(B) If the disapproved rules are emergency, type "Legislative disapproval of EMERGENCY rules." 

(C) If the disapproved rules are preemptive, type "Legislative disapproval of PREEMPTIVE rules." 

(2) Rules. Under the bolded heading "RULES:", identify the disapproved rules as described in 655: 10- 

7-1 l(b)(2). 

(3) Legislative disapproval. Under the bolded heading "LEGISLATIVE DISAPPROVAL:", type the 
following: "(These rules were, This rule was) disapproved by the Legislature in (number of joint or 

concurrent resolution or other legislative instrument), effective (date) ." 

(4) Emergency rules terminated. Under the bolded heading "EMERGENCY RULES 

TERMINATED:", type the following if the disapproved rules are permanent or preemptive rules which 

are based on effective emergency rules [75:253(H)(2) (c)]: "The following emergency rules are also 

terminated by this disapproval:". 

(A) Rules. Under the bolded subheading "Rules:", identify each emergency rule terminated as 

a result of the disapproval. 

(B) Gubernatorial approval. Under the bolded subheading "Gubernatorial approval:", cite the 

date or dates of emergency approval by the Governor. 

(C) ~L~ister publication. Under the bolded subheading "Register publication:", type the 

docket number and the full citation to the Register publication of the emergency rules. [see 

655:lO-15-4 (relating to docket number) and 655: 10-15-6 (relating to citing the Register)] 

655:lO-7-33. Notices of withdrawn rules 

(a) Withdrawal of permanent rules. An agency may withdraw a permanent rule prior to its final 

adoption pursuant to 75 O.S.. Section 308(F). When an agency withdraws a permanent rule after its 

adoption but prior to its final adoption, the agency must submit a Notice of Withdrawn Rules pursuant to 

this Section. 

(b) Withdrawal of emergency rules. An agency may withdraw an emergency rule prior to its approval 

by the Governor pursuant to 75 O.S.. Section 253(K). When an agency withdraws an emergency rule after 

its submission to the Govemor but prior to its approval by the Governor, the agency must submit a Notice 

of Withdrawn Rules pursuant to this Section. 

(1) If the agency published a Notice of Rulemaking Intent for the withdrawn emergency rule, the OAR 

will publish the Notice of Withdrawn Rules in the Register. 

(2) If the agency did not publish a Notice of Rulemaking Intent for the withdrawn emergency rule, the 

OAR will not publish the Notice of Withdrawn Rules, but will retain the Notice in the official files. 

(c) Format; document heading. The Notice of Withdrawn Rules begins with the document heading 

required in 655: 10-7-3. Beginning two single spaces below the document heading, include the headings and 

information described in (d) of this Section, formatted pursuant to the following: 

(1) Begin each heading and subheading at the left margin. 

(2) Begin the contents required for each heading and subheading on the first line below the heading 

or subheading. 

(3) Indent the first line of the contents, but do not indent subsequent lines of the contents; except. 

when listing rules under the heading WITHDRAWN RULES [see (d) (2) of this Section], begin each 

rule number on a separate indented line under the heading. 

(d) Content. A Notice of Withdrawn Rules must be prepared pursuant to the style required in (c) of this 

Section and must contain the following headings and information: 

(1) Rulemaking action. Under the bolded heading "RULEMAKING ACTION:", type one of the 

following: 

(A) If the withdrawn rules are permanent, type "Withdrawal of PERMANENT rulemaking." 

(B) If the withdrawn rules are emergency, type "Withdrawal of EMERGENCY rulemaking." 

(2) Withdrawn rules. Under the bolded heading 'WlTHDRAWN RULES:", identify the withdrawn 

rules as described in 655: 10-7-1 1 (b) (2). 

(3) Dates. Under the bolded heading "DATES:", identify any of the following dates which apply to 

the withdrawal. 

(A) Adoption. Under the bolded subheading "Adoption:", cite the date the rules were adopted. 

(B) Submitted to Governor. Include this subheading and information if rules are withdrawn 

after submission to the Govemor. Under the bolded subheading "Submitted to Governor:", cite 

the date the rules were submitted to the Governor for review. 

(C) Submitted to House. Include this subheading and information if the rules are permanent 

UNOFFICIAL 7/1/01 44 
rules and are withdrawn after submission for legislative review. Under the bolded subheading 

"Submitted to House:", cite the date the rules were submitted to the Speaker of the House of 

Representatives for review. 

(D) Submitted to Senate. Include this subheading and information if the rules are permanent 

rules and are withdrawn after submission for legislative review. Under the bolded subheading 

"Submitted to Senate:", cite the date the rules were submitted to the President Pro Tempore of 

the Senate for review. 

Q Gubernatorial approval. Include this subheading and information if the rules are permanent 

rules and are withdrawn after approval by the Governor but prior to approval by the Legislature 

(final ad?ption) . Under the bolded subheading "Gubernatorial approval:", cite the date the rules 

were approved by the Governor. 

(F) Withdrawn. Under the bolded subheading "Withdrawn:", cite the date the rules were 

withdrawn from the rulemaking process. This date is the date withdrawal notice is given to the 

Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the 

Senate. 

655:lO-7-34. Notices of intent to remove obsolete rules or internal statements [REVOKED] 

655:lO-7-35. Notices of errors in published documents 

(a) Use. When an agency discovers certain errors in certain documents, as specified in 655: 10-13-3, after 

publication of such documents in the Register, the agency may submit to the OAR a Notice of Error in 

Published Document prepared pursuant to this Section. [See also 655: 10-7-52 (relating to notice document 

scope) I 

(b) Format; document heading. The Notice of Error in Published Document begins with the document 

F- heading required in 655: 10-7-3. Beginning two single spaces below the document heading, include the 

headings and information described in (c) of this Section, formatted pursuant to the following: 

(1) Begin each heading and subheading at the left margin. 

(2) Begn the contents required for each heading and subheading on the first line below the heading 

or subheading. 

(3) Indent the first line of the contents, but do not indent subsequent lines of the contents; 

(c) Content. A Notice of Error in Published Document must be prepared pursuant to the style required 

in (b) of this Section and must contain the following headings and information: 

(1) Action. Under the bolded heading "ACTION:", type "Notice of error in published document." 

(2) Document corrected. Under the bolded heading "DOCUMENT CORRECTED:", identify the 

document being corrected as follows: 

(A) Document type. Under the bolded subheading "Document type:", identify the type of 

document corrected by typing one of the following: 

(i) Permanent rule document (preamble). 

(ii) Permanent rule document (enacting clause). 

(iii) Notice of Rulemaking Intent. [See restrictions in 655: 10- 13-31 

(iv) Notice of Cancelled Comment Periomearing. [See restrictions in 655:lO-13-3 ] 

(v) Notice of Continued Comment Periomearing. [See restrictions in 655: 10-13-31 

(vi) Statement of Submission for Gubernatorial and Legislative Review, 

(vii) Notice of Gubernatorial Approval of Permanent Rules. 

(viii) Notice of Gubernatorial Disapproval of Permanent Rules. 

(ix) Notice of Legislative Disapproval of Rules. 

(x) Notice of Withdrawn Rules. 

(B) Rules. Under the bolded subheading "Rules:", identify the rules affected pursuant to 655: 10-7- 

1 1 (b) (2). 

(C) Register publication. Under the bolded heading "Register publication:", include the full 

citation to the Register publication of the document being corrected. [see 655: 10- 15-6 (relating to 

UNOFFICIAL 7/1/01 45 
citing the Register)] 

(D) Docket number. Under the bolded heading "Docket number:", cite the docket number 

assigned by the OAR to the document being corrected. 

(3) Corrections. Under the bolded heading "CORRECTIONS:", explain each correction by clearly 

citing the information being corrected. followed by the information as it should be stated. For example, 

"Information cited under the heading ADOPTION was incorrect and should read as follows: October 

1, 1989." 

655:lO-7-36. Notices of codification [REVOKED] 

655:lO-7-37. Nbtices of recodification [RESERVED] 

PART 7. MISCELLANEOUS DOCUMENTS 

655:lO-7-45. Local project funding contract announcements 

(a) Use. Executive Order 95-26 requires executive agencies to announce the availability of contracts for local 

project hnds by publication in the Oklahoma Register at least one month prior to the deadline for applications for such 

contracts [Executive Order 95-26, paragraph 51. 

(b) Heading. A Local Project Funding Contract Announcement begins with a bolded centered heading, 

as follows: 

(1) On the first line, identify the name of the issuing agency. If more than one line is needed for the 

agency name, center all lines, with no hard returns between the lines. 

(2) On the second line, type the words LOCAL PROJECT FUNDING CONTRACT 

ANNOUNCEMENT. 

(c) Format. Beginning two single spaces below the heading described in (b) of this Section, include the 

headings and information described in (d) of this Section, formatted pursuant to the following: 

(1) Begin each heading at the left margin. 

(2) Begin the contents required for each heading and subheading on the first line below the heading 

or subheading. 

(3) Indent the first line of the contents, but do not indent subsequent lines of the contents. 

(d) Content. A Local Project Funding Contract Announcement must be prepared pursuant to the style 

required in (c) of this Section and must contain the following headings and information: 

(1) Description of project. Under the bolded heading "DESCRIPTION OF PROJECT:", include 

a description of the type ofprojects eligible for localpq'ect funding contracts, such description being simple and easily 

readyet su6Ficently detailed to allow a reasonable person to know whether a project he may desire would be eligible 

[Executive Order 95-26. Paragraph 5b]. 

(2) Funds available. Under the bolded heading "RINDS AVAILABLE:", cite the total amount of money 

available hm the agency for the local project funding contract program described in the announcement [Executive 

Order 95-26, Paragraph 5c]. 

(3) Eligibility. Under the bolded heading "ELIGIBILITY:", include a description of the type ofpersons 

or entities who are eligible for local project funding contracts and a citation to the specific authority which establish 

the eligibility criteria [Executive Order 95- 26, Paragraph 5d] . 

(4) Application deadline. Under the bolded heading "APPLICATION DEADLINE:", cite the closing 

date and time for receipt of applications [Executive Order 95-26, Paragraph 5e]. 

(5) Contact person. Under the bolded heading "CONTACT PERSON:", cite the name, business 

address, and telephone number of the person who interested parties may contact for additional information 

[Executive Order 95-26. Paragraph 5fl. 

655:lO-7-46. Executive orders 

Executive orders are submitted to the OAR in the same format as they are issued by the Governor 

UNOFFICIAL 7/1/01 46 
PART 9. DOCUMENT SCOPE 

655:lO-7-50. Combined category documents 

The OAR may not accept a document for publication if it combines material that must appear in 

different categories of the Register [see 655: 10- 15-5(b) (relating to Register categories)]. For example, a 

document may not contain both a permanent rule and an emergency rule, or a notice of rulemaking intent 

and a local project funding contract announcement. 

655:lO-7-51. Rule document scope, limitations 

(a) Multiple SecfiondAppendices in one Chapter. An agency should combine, in one rule document, 

all new, amended, revoked, reserved, and renumbered Sections and Appendices in a Chapter when the 

Sections and Appendices are: 

(1) finally adopted on the same date if the rules are permanent rules, or 

(2) adopted on the same date if the rules are emergency or preemptive rules. 

(b) Restrictions. An agency may not combine, in one rule document, any of the following: 

(1) Sections or Appendices from different Chapters. 

(2) Permanent rules that are finally adopted on different dates. 

(3) Emergency or preemptive rules that are adopted on different dates. 

655:lO-7-52. Notice document scope, limitations 

(a) Multiple SectiondAppendices in one Chapter. An agency should announce, in one notice 

document, rulemaking actions occurring on the same date if the affected Sections or Appendices are part 

of the same Chapter, unless otherwise restricted pursuant to this Section. 

(b) Restrictions. 

.P (1) Notices of rulemaking intent; continued or cancelled comment periodslhearings. 

(A) Agencies may not announce, in one notice of rulemaking intent, notice of continued hearing 

or comment period, or notice of cancelled hearing or comment period, proposed rules that are in 

different Chapters. 

(B) Agencies may announce more than one comment period or more than one hearing in a single 

notice of rulemaking intent, notice of continued hearing or comment period, or notice of cancelled 

hearing or comment period only when each comment period or hearing applies to all proposed 

rules. 

(2) Statements of submission for review. Agencies may announce submissions of more than one 

Section or Appendix in a single Statement of Submission for Gubernatorial and Legislative Review only 

when the rules are: 

(A) submitted to the Governor on the same date, 

(B) submitted to the Legislature on the same date, and 

(C) in the same Chapter. 

(3) Notices of gubernatorial approvddisappmval. Agencies may announce gubernatorial approval 

or disapprovalof more than one Section or Appendix in a single Notice of Gubernatorial Approval of 

Permanent Rules or Notice of Gubernatorial Disapproval of Permanent Rules only when the rules are: 

(A) approved on the same date or disapproved on the same date, and 

(B) in the same Chapter. 

(4) Notices of legislative disapproval. Agencies may announce legislative disapproval of more than 

one Section or Appendix in a single Notice of Legislative Disapproval of Rules only when the rules are: 

(A) disapproved on the same date, and 

(B) in the same Chapter. 

(5) Notices of withdrawn rules. Agencies may announce withdrawal of more than one Section or 

Appendix in a single Notice of Withdrawn Rules only when the rules are: 

(A) adopted on the same date, 

(B) submitted to the Governor on the same date, 

UNOFFICIAL 7/1/01 47 
(C) submitted to the Legislature on the same date, 

(D) withdrawn on the same date, and 

(E) in the same Chapter. 

(6) Notices of errors. Agencies may report. in a single Notice of Errors in Published Document, more 

than one error only when the errors occurred in the same published document. 

655:lO-7-53. Miscellaneous document scope, limitations 

Agencies may not combine more than one Local Project Funding Contract Announcement in a single 

document. 

655:lO-7-54. Multiple rulemaking authorities 

When two or more ~lemaking authorities are authorized to jointly promulgate a rule. each rulemaking 

authority shall separately submit a document for any rulemaking action requiring a Register filing. 
SUBCHAPTER 9. SUBMISSION OF DOCUMENTS 

655: 10-9- 1. Number of paper copies: electronic copies; special treatment of rule documents 

65510-9-2. Filing hours; location 

655: 10-9-3. Filing deadlines 

655: 10-9-4. Receipt date; acceptance date 

655: 10-9-5. Acknowledgement of receipt 

655: 10-9-6. Electronic transmission of documents 

655:lO-9-1. Number of paper copies; electronic copies; special treatment of rule documents 

(a) Electronic preparation of documents. All documents must be prepared using word processing 

software. as required by 655: 10-7-2 (1) (A). 

(b) Submission of documents. When submittinga document to the OAR for publication in the Register, 

agencies shall submit the document as set forth in this subsection. [See also (c) of this Section for special 

treatment of rule documents.] 

(1) Paper copies. 

(A) Rule documents. 

(i) Permanent rules. Submit two (2) originals, or one (1) original and one (1) copy, of 

permanent rule documents to the OAR. [See also (c) of this Section] 

(ii) Emergency rules. Submit one (1) original of emergency rule documents to the 

Governor. Upon approval by the Governor, submit two (2) copies of the emergency rule 

document and the Governor's approval to the OAR. [See also (c) of this Section] 

(iii) Preemptive rules. Submit one (1) original of preemptive rule documents to the 

Governor. Upon approval by the Governor, submit two (2) copies of the preemptive rule 

document and the Governor's approval to the OAR [75:250.6(B) (3)l. [See also (c) of this 

Section] 

(B) Notice documents. Submit one (1) original of notice documents to the OAR. [75:303(B)] 

(C) Local project funding contract announcements. Submit one (1) original of local project 

funding contract announcements to the OAR. 

@) Extra copies. If an agency wishes to receive a stamped copy noting receipt andlor acceptance 

of a document, the agency should submit additional copies pursuant to 655: 10-9-5 and 655: 10- 1 1-3. 

(2) Electronic copies. Documents must also be submitted to the OAR in electronic form, as set forth 

in this paragraph; except Appendices, attestations, and supplemental information (in rule documents) 

and transmittal sheets which are NOT submitted in electronic form. 

(A) Media options. Submit documents on a 3 112 inch DOS-formatted high density diskette. 

(B) Labelling disks. Label each diskette. The label must identify the Title, Chapter, and type of 

filing of each document on the diskette. 

(C) Compression of records. A record which contains a large rule document may be compressed 

using PKZip software utility. However, the agency must identify the use of PKZip on the diskette. 

Notice documents and local projects may not be compressed. 

(D) Inaccessible records. If a record submitted to the OAR is inaccessible (due to a bad disk, 

corruption of the file, etc.). the OAR will notify the agency as soon as possible. The agency must 

resubmit another disk. 

(c) Special treatment of rule documents. 

(1) Emergency and preemptive rules. Upon approval by the Governor of an emergency or 

preemptiverule document, the agency shall submit the rule document in paper and electronic form to 

the OAR, as set forth in (b) of this Section, and pursuant to the following: 

(A) Submit two (2) paper copies of the entire rule document, including attestation, to the OAR: 

(i) The rule document submitted must include any corrections needed to bring the 

document into substantial compliance with this Chapter, as identified by the OAR in its 

review of the document during the Governor's review period [75:253(C)(l) and 

250.6(B) (2)]. 

UNOFFICIAL 7/1/01 49 
(ii) Copies of the rule document, including the attestation and transmittal sheet, may be 

photocopies rather than originals. 

(B) Submit two (2) paper copies of the Governor's approval to the OAR. 

(C) Submit a diskette copy of all parts of the properly formatted document except the attestation, 

transmittal sheet, and supplemental information (if any). 

(D) An emergency or preemptive rule document is considered officially filed when the paper and 

diskette copies of the approved document are received by the OAR from the agency. 

(2) Permanent rules. Within 30 calendar days after final adoption of permanent rules, the agency 

must submit a permanent rule document to the OAR [75:308.1 (A)]. The document must be submitted 

in paper and electronic form, as set forth in (b) of this Section. The rules included in the permanent 

rule documen't must include any corrections necessary to bring the rules into substantial compliance 

with this Chapter, if any were reported to the agency at earlier stages of the rulemaking process. 

655:lO-9-2. Filing hours; location 

(a) Agencies may file documents with the Office of Administrative Rules by hand delivering between 9:00 

a.m. and 4:30 p.m. Monday through Friday, or by sending through interagency mail or postal service. 

(b) The Ofice of Administrative Rules strongly recommends that agencies hand deliver documents when 

possible. A document which is received through postal or interagency mail service is not officially filed until 

the document is assigned a docket number. If interagency mail or postal service is used, the agency may 

verify receipt by calling the Office of Administrative Rules or by submitting extra copies for 

acknowledgements of receipt and acceptance pursuant to 655:lO-9-5 and 655:lO-11-3. 

655:lO-9-3. Filing deadlines 

(a) First issue in month. If a document is to be included in an issue of the Register published on the first 

working day of the month, the document must be reviewed and accepted by the Editor pursuant to 655: 10- 

1 1-1 no later than 4:30 p.m. on the first working day preceding the 16th day of the preceding month. [See 

also 655: 10- 15- 1 (relating to publication dates)] 

(b) Second issue in month. If a document is to be included in an issue of the Register published on the 

first working day following the 14th day of the month, the document must be reviewed and accepted by the 

Editor pursuant to 655: 10- 11-1 no later than 4:30 p.m. on the first working day preceding the 2nd day of 

the same month. [See also 655: 10-15-1 (relating to publication dates)] 

(c) A schedule of the following volume's filing deadlines is published in the last issue of each volume of the 

Register. A schedule of the current volume's filing deadlines is published in each issue of the Register. 

655:lO-9-4. Receipt date; acceptance date 

A document is officially "filed" or "submitted for purposes of APA and ARR compliance upon receipt 

in the OAR and assignment of a docket number. Agencies should carefully note the distinction between 

the date of receipt and the date of acceptance. 

(1) Date of receipt. The date of receipt is the date the document is received in the OAR. The date 

of receipt constitutes the filing date for purposes of APA and ARR compliance and for purposes of 

compliance with the APA requirement to file rules within thirty (30) calendar days after they become finally 

adopted [75:25 1 (B)]. 

(2) Date of acceptance. The date of acceptance is the date the reviewed document is accepted for 

publication by the OAR pursuant to 655: 10- 1 1 - 1. Failure of the OAR to reject a document within six 

calendar days after its receipt in the OAR shall constitute acceptance of the document. 

655:lO-9-5. Acknowledgement of receipt 

If the agency wishes to receive notification of a document's receipt, the agency must submit an extra 

copy of the document. The OAR will acknowledge receipt of a document as follows: 

(1) If the document is hand-delivered, the OAR will note the date of receipt and the docket number 

on the extra copy and immediately return it to the agency. 

UNOFFICIAL 7/1/01 50 
(2) If the document is mailed, the OAR will note the date of receipt and the docket number on the 

extra copy and will return the copy to the agency via postal or interagency mail service. 

655:lO-9-6. Electronic transmission of documents 

The OAR may make special provisions for electronic transmission of documents with agencies having 

computer equipment capable of communicating with equipment in the OAR. 

UNOFFICIAL 7/1/01 
SUBCHAPTER 1 1. REVIEW OF DOCUMENTS 

655: 10-1 1-1. Review of Register submissions 

655: 10- 1 1-2. Pre-review of rules [REVOKED] 

655: 10- 11 -3. Acknowledgement of acceptance 

655: 10-1 1-4. Review of Code submissions [REVOKED] 

655:lO-11-1. Review of Register submissions 

(a) OAR'S review. Upon receipt of a document for Register publication, the OAR shall review the 

document to determine if the document complies with requirements of ARR. 

(1) Acceptance of documents; Register publication. If a document is not rejected by the OAR 

within six calendar days [see 655: 10-1-7 (relating to computing days)] after its receipt in the OAR, the 

document is considered accepted and is published in the next possible issue of the Register. 

(2) Rejection of documents. The OAR may refuse to accept for publication any document that does not 

substantially conform to the promulgated rules of the Secretary [75:25 1 (C) 1. If a document is rejected, the 

OAR shall provide the agency with a written explanation for the rejection. The agency may modify the 

document and submit another document with a new received date. 

(3) Acceptance limited. Acceptance of a document pursuant to this Section indicates only that the 

document is in the physical form specified by ARR. Acceptance by the OAR does not validate the 

accuracy of the information supplied by the agency and does not validate compliance with other 

provisions of APA or with the agency's individual statutory requirements. This compliance is the 

responsibility of each agency. 

(b) Failure to comply. Upon failure of an agency to comply with the provisions of Sections 251 through 256 of this 

Title [Title 751, ... the Secretary shall forward a written notice of the failure to comply to the chief administrative omcer 

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 ..., the President Pro 

Tempore ..., 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 of said agency. 

[75:252 (B)] 

655: 10-1 1-2. Pre-review of rules [REVOKED] 

655: 10- 1 1-3. Acknowledgement of acceptance 

If the agency wishes to receive notification of a document's acceptance pursuant to 655: 10-1 1-1, the 

agency must submit an extra copy of the document, in addition to the extra copy submitted for 

acknowlegement of receipt as set forth in 655: 10-9-5. After review and acceptance by the OAR, the OAR 

will acknowledge acceptance of a document by noting the date of acceptance and the docket number on the 

extra copy and return it to the agency. 

655: 10-1 1-4. Review of Code submissions [REVOKED] 

UNOFFICIAL 7/1/0 1 
SUBCHAPTER 13. CORRECTION OF ERRORS 

655: 10- 13- 1. Agency responsibility [REVOKED] 

655: 10-13-1.1. Format changes in regulatory text [REVOKED] 

655: 10- 13-2. Errors pdor to Register publication 

655: 10-1 3-3. Errors after Register publication 

655: 10-13-4. Corrected document preparation, submission [REVOKED] 

655: 10- 13-5. Rejected documents [REVOKED] 

655: 10-1 3-1. Agency responsibility [REVOKED] 

655: 10-13-1.1. Format changes in regulatory text [REVOKED] 

655: 10-1 3-2. Errors prior to Register publication 

In the event an agency discovers an error in a document after submission to the OAR but prior to its 

publication in the Register, the agency may correct the error pursuant to the following: 

(1) Timeliness. The OAR may refuse to accept corrections to qualifying errors, as described in (2) of 

this Section, at any time after the acceptance deadline for the issue in which the document will be 

published. After the acceptance deadline, the agency must call the OAR for a determination as to 

whether the OAR will accept the corrections. 

(2) Qualifying errors. If the OAR will accept the corrections as timely, as described in (1) of this 

Section, the following errors may be corrected: 

(A) Notice documents; local projects. Errors discovered in notice documents and local project 

funding contract announcements may be corrected prior to publication. 

(B) Permanent rule documents. Errors discovered in permanent rule documents may be 

corrected, unless the correction would cause a conflict with the following statutory provisions: 

(i) [Tlhe text of the rule submitted for publication shall be the same as the text of the rule considered 

by the Legislature and the Governor [75:308.1 (B) 1, and 

(ii) The agency may change the format of. . . rules . . . to comply with the standard provisions 

established by the Secretary. . . so long as there is no substantive change to the rule 175 O.S., Section 

251 (B)(2)(i)l. 

(C) Emergency rule documents. Emergency rule documents may not be corrected after approval 

by the Governor; except. the agency may change the format to comply with the ARR, as described 

in 75 O.S., Section 25 1 (B) (2) (i). If these errors are discovered after the agency has filed the 

emergency rule document with the OAR [see 655: 10-9-1 (c) (1) (relating to filing emergency rule 

documents)] but prior to publication, the agency may correct these errors. 

@) Preemptive rule documents. Preemptive rule documents may not be corrected after approval 

by the Governor; except, the agency may change the format to comply with the ARR, as described 

in 75 O.S.. Section 25 1 (B) (2) (i), before filing the preemptive rule document with the OAR. If these 

errors are discovered after the agency has submitted a preemptive rule document to the OAR [see 

655:lO-9-1 (c) (1) (relating to filing preemptive rule documents)] but prior to publication, the agency 

may correct the errors. 

655:lO-13-3. Errors after Register publication 

(a) Rule documents. 

(1) Permanent rule documents. 

(A) Regulatory text. In the event an agency discovers an error in regulatory text in a permanent 

rule document after publication in the Register, the agency may correct the error through 

emergency, preemptive, or permanent rulemaking procedures only. 

(B) Other than regulatory text. 

(i) Published pages. When an agency discovers an emr in the preamble (except effective date) 

UNOFFICIAL 7/1/01 5 3 
or enacting clause (except effective date) in a permanent rule document after publication in the 

Register, the agency may submit a Notice of Error in Published Document pursuant to 655: 10-7- 

35. 

(ii) Non-published pages. When an agency discovers an error in the attestation or 

supplemental information pages of a permanent rule document after publication in the Register, 

the agency may submit the corrected page or pages to the OAR. Upon review and acceptance 

of the corrected pages, the OAR will add the corrected pages to the official files. 

(2) Emergency and preemptive rule documents. Emergency and preemptive rule documents may 

not be corrected by an agency after publication in the Register. 

(b) Notice documents. 

(1) Corrections allowed. When an agency discovers an error in one of the following types of notice 

documentsafter publication in the Register, the agency may correct such error by submitting a Notice 

of Error in Published Document [see 655: 10-7-351 : 

(i) Statement of Submission for Gubernatorial and Legislative Review. 

(ii) Notice of Gubernatorial Approval of Permanent Rules. 

(iii) Notice of Gubernatorial Disapproval of Permanent Rules. 

(iv) Notice of Legislative Disapproval of Rules. 

(v) Notice of Withdrawn Rules. 

(2) Corrections not allowed. When an agency discovers an error in a notice document which 

announcesan action affecting the public's direct participation in the rulemaking process (as identified 

in (A) through (C) of this paragraph). the agency may not correct the notice document after publication 

in the Register. The agency may submit a new notice document and, if applicable, publish a Notice of 

Cancelled Hearing or Comment Period; however, the new document acquires a new "publication date" 

for purposes of compliance with APA time restrictions (e.g.. minimum 20-day comment period). Notice 

documents which may not be corrected with a Notice of Error in Published Document include the 

following: 

(A) Notice of Rulemaking Intent. 

(B) Notice of Cancelled Hearing or Comment Period 

(C) Notice of Continued Hearing or Comment Period. 

(c) Local Project Funding Contract Announcements. In the event an agency discovers an error in a 

local project funding contract announcement after publication in the Register. the agency may not correct 

the announcement. The agency may submit a new local project funding contract announcement; however, 

the new document acquires a new "publication date" for purposes of the agency's compliance with the 

requirement to announce the availability of contracts for local project funds by publication in the Oklahoma Register 

at least one month prior to the deadline for applications for such contracts [Paragraph 5 of Executive Order 95-26]. 

655:lO-13-4. Corrected document preparation, submission [REVOKED] 

655: 10- 13-5. Rejected documents [REVOKED] 

UNOFFICIAL 7/1/01 
SUBCHAPTER 15. THE OKLAHOMA REGISTER 

655: 10- 15-1. Publication dates and filing deadlines 

655: 10- 15-2. Series of information 

655: 10- 15-3. Register pagination 

655: 10- 15-4. Docket numbers 

655: 10- 15-5. Register contents 

655: 10- 15-6. Cititng the Register 

655: 10-15-7. Register the prices 

655: 10-15-8. S5hedule of publication dates and filing deadlines [REVOKED] 

655: 10- 15-9. Unpublished material 

655: 10- 15- 10. Editor's Notes 

655: 10- 15- 1 1. Proof of publication 

65510-15-1. Publication dates and filing deadlines 

(a) The Register is published on the first working day of each month and on the first working day following 

the 14th day of each month. A schedule of the following volume's publication dates is published in the last 

issue of each volume of the Register. 

(b) For Register filing deadlines. see 655: 10-9-3. 

655:lO-15-2. Series information 

Volumes and issues of the Register are numbered consecutively. Each volume includes twenty-four (24) 

issues beginning in November and ending in October. 

,? 655: 10-15-3. Register pagination 

The pages of the Register are numbered consecutively within each volume. Each issue within a volume 

continues the pagination of the preceding issue. 

65510-15-4. Docket numbers 

The OAR shall assign a docket number to each document upon receipt in the OAR. The docket number 

is used by both the OAR and the agency for future identification of the document. 

655: 10-15-5. Register contents 

(a) Register categories. 

(1) Documents published in the Register are arranged by document type, as follows: 

(A) Notices of Rulemaking Intent. 

(B) Cancelled Hearings or Comment Periods. 

(C) Continued Hearings or Comment Periods 

(D) Submissions for Review. 

(E) Gubernatorial Approvals. 

(F) Gubernatorial Disapprovals. 

(G) Legislative Disapprovals. 

(H) Withdrawn Rules. 

(I) Emergency Adoptions. 

U) Preemptive Adoptions. 

(K) Permanent Final Adoptions. 

(L) Executive Orders. 

(M) Local Projects. 

(N) Errors in Published Documents. 

(0) Editor's Notices. 

(2) Within each category listed in (l)(A) through (K) and (N) of this subsection, documents are 

UNOFFICIAL 7/1/01 5 5 
arranged by Title and Chapter number. Local Project Funding Contract Announcements are arranged 

alphabetically by name of issuing agency. 

(b) Table of contents. Each issue of the Register contains a table of contents arranged alphabetically by 

agency. Each agency's listing in the table of contents indentifies the types of rulemaking actions published 

for the agency in that issue. 

(c) Sections Affected Index. Each issue of the Register published after publication of the first Code 

contains a Sections Affected Index that identifies each Section that is being promulgated (added, amended, 

revoked, renumbered, or reserved) in that issue. 

(d) Other user aids. At its discretion, the OAR may publish additional user and finding aids in the 

Register. I 

655: 10-15-6. Citing the Register 

Material published in the Register is referenced by citing the volume in which the document appears, 

followed by the words "Ok Reg" and the beginning page number on which the document is published. For 

example, a document beginning on page 1042 of volume 5 is cited as follows: 5 Ok Reg 1042. 

655: 10-1 5-7. Register prices 

(a) Annual subscriptions. Annual subscriptions to the Register may be purchased from the Office of 

AdministrativeRules. The OAR shall periodicallyreview its production and distribution costs to determine 

subscription prices that are suffcient to defray the cost of publication and mailing [75: 255 (A) (2)] ; provided, a 

subscriber who has paid for an annual subscription will not be charged for any increase in subscription 

prices until the expiration of the subscriber's current annual subscription. Subscription prices may be 

obtained by contacting the Office of Administrative Rules. 

(b) Individual issues. If available, individual issues of the Register may be purchased from the OAR. The 

OAR shall periodically review its production and distribution costs to determine a fee suficient to defray the 

cost ofpublication and mailirg [75:255(A) (2)]. Prices for individual issues may be obtained by contacting the 

Office of Administrative Rules. 

(c) Prepayment. Fees established by this Section must be prepaid. 

655:lO-15-8. Schedule of publication dates and filing deadlines [REVOKED] 

655:lO-15-9. Unpublished material 

(a) Lengthy rules; standards adopted by reference. When regulatory text in a rule document, as 

submitted by the agency. exceeds 75 pages in length, the regulatory text is not published in the Register but 

is maintained in the official files [see 655: 10-7-1 2 (relating to lengthy rule documents)]. Upon request, one 

copy of the regulatory text not published due to excessive length is available at no charge to paid Register 

subscribers; except, standards adopted by reference [75:251 @)I are not available from the OAR. Standards 

adopted by reference are not filed with the OAR and shall be readily available to the public for examination at 

the administrative ofices of the agency [75: 25 1 (D) 1. 

(b) Proposed rules. Proposed rules are not published in the Register or Code. 

(c) Transmittal sheet. The transmittal sheet required for all documents submitted to the OAR is not 

published in the Register or Code. 

(d) Attestation. The attestation submitted in a rule document is not published in the Register or Code, 

but is maintained in the official files. 

(e) Supplemental information. Supplemental information submitted pursuant to 655: 10-7- 15 is not 

published in the Register or Code, but is maintained in the official files. 

655:lO-15-10. Editor's Notes 

(a) Editor's Notes may be used only by the OAR. 

(b) Editor's Notes are used for informational purposes and to aid the reader and are not part of the text of 

a rule. Editor's Notes do not alter or amend the text of any rule. 

UNOFFICIAL 7/1/01 56 
(c) Editor's Notes may appear as notes to a specific document or to a specific rule, or in the Editor's Notices 

section of the Register, or in the Code. 

(d) Editor's Notes may be used by the OAR. at its discretion, to identify numbering and procedural 

discrepancies, relevant legislative or gubernatorial actions, or other unusual circumstances related to a rule 

or rulemaking action. Editor's Notes may be used by the OAR to inform the reader of possible errors, other 

than spelling errors. in the Code [75:256(D)]. 

655: 10-1 5- 1 1. Proof of publication 

Upon publication of a rule document in the Register, the OAR shall send proof of publication to the 

agency's liaison officer. [75:254 (B)] I 

UNOFFICIAL 7/1/01 
SUBCHAPTER 17. THE OKLAHOMA ADMINISTRATIVE CODE 

655: 10- 17-1. [RESERVED] 

655: 10-17-2. [RESERVED] 

655: 10- 17-3. Code and Supplement publication; validity of rules 

655: 10- 17-4. Code and Supplement prices 

655: 10-17-5. [RESERVED] 

655: 10- 17-6. Source notes 

655: 10-17-7. Authority notes 

655: 10-17-2. [RESERVED] 

655:lO-17-3. Code and Supplement publication; validity of rules 

The Code or an annual supplement to the Code is published as soon as possible after August 30 of each 

year [75:256 (B)] . Annual supplements to the Code shall be cumulative [75:256 (A) (3)]. Filings for the annual 

publication of the Code or a Code supplement must be accepted no later than August 15 for publication 

in the fmt Register issue in September [75:256(B) (I)]. A finally adopted permanent rule not accepted by 

August 15 shall be void and of no effect upon publication of the . . . "Code" or "Code" supplement [75:256 (A) (1) (b)] . 

655: 10-1 7-4. Code and Supplement prices 

The Code and its annual supplements may be purchased from the Office of Administrative Rules. Prior 

to announcing the availability of an annual supplement or a new edition of the Code, the OAR shall review 

the production and distribution costs to determine a price sumcient to defray the cost ofpublication and mailing 

[75:256(E) 1 Prices may be obtained by contacting the Office of Administrative Rules. 

655: 10-17-5. [RESERVED] 

655:lO-17-6. Source notes 

(a) Responsibility for preparation of source notes. 

(1) Source notes are prepared by the issuing agency for rules promulgated before January 1, 1997. 

(2) Source notes are prepared by the OAR for rules promulgated on or after January 1, 1997. 

(b) Chapter source notes. Chapter source notes are used in the Code as follows: 

(1) A Chapter source note identifies the date of the Chapter's codification. The date of codification 

is the date the Chapter was accepted for inclusion in the first official compilation of codified rules 

authorized by 75 O.S., Section 256(A)(l)(a); except, the date of codification for subsequently 

promulgated new Chapters is the effective date of the permanent or preemptive rulemaking which 

establishes the new Chapter. 

(2) Chapter source notes are supplemental references which are required for codification and the 

convenience of the reader. They are not rules and do not have the force of law. 

(3) The following is an example of a Chapter source note: [Source: Codified 2- 11 -9 1.1 

(c) Subchapter source notes. Subchapter source notes are used in the Code as follows: 

(1) Each new Subchapter which is added after its Chapter's codification date, as defined in (b) (1) of 

this Section, includes a source note which identifies the date of the Subchapter's codification. The date 

of the new Subchapter's codification is the effective date of the permanent or preemptive rulemaking 

which establishes the new Subchapter. 

(2) Subchapter source notes are supplemental references which are required for codification and the 

convenience of the reader. They are not rules and do not have the force of law. 

(3) The following is an example of a Subchapter source note: [Source: Codified 2- 11-91] 

(d) Section source notes; Appendix source notes. 

UNOFFICIAL 7/1/01 58 
(1) Use. Section and Appendix source notes are used in the Code as follows: 

(A) Section and Appendix source notes provide an administrative history of rulemaking actions on 

that Section or Appendix, subsequent to its codification. 

(B) Section and Appendix source notes are supplemental references which are required for 

codification and the convenience of the reader. They are not rules and do not have the force of law. 

(C) The following is an example of a Section source note: [Source: Amended at 9 Ok Reg 1034, 

eff 5-25-92 (emergency); Amended at 9 Ok Reg 1555, eff 7-1 1-92]. 

(2) Source note entries. Each entry in a Section or Appendix source note describes a rulemaking 

action on that Section or Appendix, including a citation to the action's Register publication [see 655: 10- 

15-6 (relating to Register citations)], and the effective date of the action. 

(A) Typis of entries. 

(i) New SectiodAppendix. The source note entry for an action which adds a new Section 

or Appendix appears in the Code as follows: "Added at (cite to Register publication), eff 

(effective date) ." 

(ii) Revoked SectiodAppendix. The source note entry for an action which revokes a Section 

or Appendix appears in the Code as follows: "Revoked at (cite to Register publication), eff 

(effective date) ." 

(iii) Amended Section. The source note entry for an action which amends a Section appears 

in the Code as follows: "Amended at (cite to Register publication), eff (effective date)." 

(iv) Amended Appendix (revoked and reenacted). The source note entry for an action 

which amends an Appendix through revocation and reenactment appears in the Code as 

follows: "Revoked and reenacted at (cite to Register publication), eff (effective date) ." 

(v) Renumbered SectiodAppendix. The source note entries for an action which renumbers 

a Section or Appendix, with no amendments to the Section or Appendix, appear in the Code 

as follows: 

(I) For the prior Section or Appendix: "Renumbered to (new Section or Appendix number) 

at (cite to Register publication), eff (effective date)." 

(11) For the newly-numbered Section or Appendix: "Renumbered from (prior Section or 

Appendix number) at (cite to Register publication), eff (effective date) ." 

(vi) Amended and renumbered SectiodAppendix. The source note entries for an action 

which renumbers AND amends a Section or Appendix appear in the Code as follows: 

(I) For the prior Section or Appendix: "Amended and renumbered to (new Section or 

Appendix number) at (cite to Register publication). eff (effective date)." 

(11) For the newly-numbered Section: "Amended and renumbered from (prior Section 

number) at (cite to Register publication), eff (effective date)." 

(vii) Reserved SectiodAppendix. The source note entry for an action which reserves a 

Section or Appendix appears in the Code as follows: "Reserved at (cite to Register publication), 

eff (effective date) ." 

(viii) Expired SectiodAppendix. The source note entry for an emergency action on a Section 

or Appendix which expires without being superseded by another action appears in the Code 

as set forth in (B) (ii) of this paragraph. 

(ix) Special circumstances. The OAR may use alternate wording for source note entries 

which are needed to describe special or unusual circumstances. 

(B) Prior emergency actions. 

(i) Superseded emergency actions. If emergency amendments to or revocations of a Section 

or Appendix are promulgated between permanent rulemaking actions on the Section or 

Appendix, or if the Section or Appendix is a new permanent Section or Appendix which was 

preceded by emergency promulgation as a new SectionJAppendix, the source note includes an 

entry for each emergency action. The entry is prepared pursuant to (A) of this paragraph, but 

is followed by the word "(emergency) ." For an example of an emergency source note entry, see 

(1) (C) of this subsection. 

UNOFFICIAL 7/1/01 5 9 
T 

(ii) Expired emergency actions. If an emergency action on a Section or Appendix is allowed 

to expire without being superseded by a permanent rulemaking action, the source note entry 

is prepared as set forth in (i) of this subparagraph, except that the effective date is followed by 

the word "through" and the expiration date of the emergency action. For example: Added at 

9 Ok Reg 22 1, eff 8-2 1-9 1 through 7- 14-92 (emergency). 

(C) Chronological order. Source note entries in a Section or Appendix source note are listed in 

chronological order by effective date. 

655:lO-17-7. Authority notes 

(a) Use. Authority notes are used in the Code as follows: 

(1) An authbrity note identifies the statutory, constitutional, or other legal authority by which rules 

are issued. 

(2) Authority notes are supplemental references which are required for codification and the 

convenience of the reader. They are not rules and do not have the force of law. 

(3) Each Chapter includes an authority note. Subchapter, Part, Section, and Appendix authority notes 

may also be used [see (b) (2) of this Section]. 

(b) Responsibility for preparation. 

(1) Chapter authority notes. Every Chapter in the Code includes an authority note. 

(A) For rules promulgated prior to January 1, 1997, the issuing agency prepares the Chapter 

authority note. 

(B) For rules promulgated on or after January 1, 1997, the OAR prepares the Chapter authority 

note, based on information provided by the agency. 

(2) Supplemental authority notes. Supplemental authority notes (i.e.. Subchapter. Part. Section, 

and Appendix authority notes) may be included in the Code as follows: 

(A) For rules promulgated prior to January 1, 1997, the issuing agency adds the desired 

supplemental authority note. 

(B) For rules promulgated on or after January 1, 1997, supplemental authority notes are added 

pursuant to one of the following: 

(i) The issuing agency may request that the OAR add a supplemental authority note to the 

Code. The OAR will review the request and, at its discretion, add the supplemental authority 

note to the Code. 

(ii) At its discretion, the OAR may add a supplemental authority note to the Code without 

receiving a request from the agency. The OAR may require input from the issuing agency 

concerning the legal authority for a Subchapter. Part, Section, or Appendix. 

UNOFFICIAL 7/1/01 
SUBCHAPTER 19. PUBLIC INSPECTION AND COPIES OF DOCUMENTS 

655: 10- 19-1. Public access to documents and publications 

655: 10- 19-2. Photocopy charges 

655: 10- 19-3. Certified copies 

655: 10- 19-1. Public access to documents and publications 

(a) Secretary's responsibility. 

(1) Documents accepted by the OAR, as well as the OAR'S publications, are available for public 

inspection, and copyingand certification as set forth in 655:lO-19-2 and 655:lO-19-3, in the Secretary 

of State's Office of Administrative Rules, between 8:00 a.m. and 5:00 p.m. Monday through Friday, 

excluding holidays. Records stored off-site and certification of documents must be requested at least 

24 hours in advance. 

(2) Documents and publications may not be borrowed or removed from the Office of Administrative 

Rules. Documents may be photocopied, and publications may be photocopied or purchased, as set forth 

in this Subchapter. 655: 10- 15-7. and 655: 10- 17-4. 

(b) Issuing agency's responsibility. The agency submitting the rules shall make such rules available to the public 

in accordance with the Open Records Act. [75:254 (B)] 

(c) County clerks'responsibility. A copy of the published Code and each annual Supplement is mailed 

to every county clerk in the state of Oklahoma [75:257.1 (B(1) (a)]. In addition, copies of the Register are 

sent to those county clerks who request it [75:255 (A) (2)]. 

(d) Depository libraries. Copies of the published Code and each annual Supplement, and copies of each 

issue of the Register. are deposited with the Oklahoma Publications Clearinghouse for distribution to each 

Oklahoma Government Publications Depository Library. [75:257.1 (B) (2)] 

P (e) Open Records Act. The OAR shall make its records available for public inspection and copying 

pursuant to the Open Records Act, 51 :24A. 1 et seq. [75:256.3]. 

655: 10- 19-2. Photocopy charges 

(a) Fees. Photocopies of OAR records are available for 25 cents per page. 

(b) Security. Photocopies must be made by OAR staff. 

655: 10- 19-3. Certified copies 

Certified copies of OAR records are available for $1 .OO per page. 
APPENDIX A. TABLE OF INTERNAL (OAC) CITATIONS 

This table establishes format for referencing the OAC within the text of a rule. The left column describes 

the material being referenced. The right column shows the correct form for stating the reference. [See also 

655: 10-5-12.11 

WHEN REFERRING TO: CITE IN THIS STYLE: 

Another Section of the OAC ............................ 20: 10-1-1 

A lettered or numbered subdivision of 

another Section of the OAC .......................... 20: 10- 1 - 1 (a) 

2O:lO-1-l(a)(l) 

2O:lO-1-l(a) (l)(A) 

2O:lO-1-l(a)(l)(A)(i) 

2O:lO-1-1 (a) (1) (A) (i)(I) 

Another subsection of the same Section .................. (a) of this Section 

Another paragraph of the same subsection ................. (1) of this subsection 

Another subparagraph of the same paragraph .............. (A) of this paragraph 

Another unit of the same subparagraph ................... (i) of this subparagraph 

Another subunit of the same unit ........................ (I) of this unit 

A subdivision of another subsection of the same Section ...... (a) (1) of this Section 

(a) (1) (A) of this Section 

(a) (1) (A) (i) of this Section 

(a) (1) (A) (i) (I) of this Section 

A subdivision of another paragraph of the same subsection ... (1) (A) of this subsection 

(1) (A) (i) of this subsection 

(1) (A) (i) (I) of this subsection 

A subdivision of another subparagraph of the same paragraph . (A) (i) of this paragraph 

(A) (i) (I) of this paragraph 

A subdivision of another unit of the same subparagraph ...... (i) (I) of this subparagraph 

Another Title of the OAC .............................. Title 20 of the OAC 

-OROAC 20 

Another Chapter of the same Title ....................... Chapter 10 of this Title 

-OROAC 20: 10 

A Chapter of another OAC Title ......................... OAC 20: 10 

UNOFFICIAL 7/1/01 62 
Another Subchapter of the same Chapter. ................. Subchapter 10 of this Chapter 

A Subchapter of another Chapter of the same Title .......... Subchapter 10 of Chapter 10 

of this Title 

-0ROAC 20: 10-10 

A Subchapter of another OAC Title ...................... OAC 20: 10- 10 

Another Part of the same Subchapter ..................... Part 1 of this Subchapter I 

A Part of another Subchapter of the same Chapter .......... Part 1 of Subchapter 1 of this Chapter 

A Part of another Chapter of the same Title ................ Part 1 of Subchapter 1 of 

Chapter 10 of this Title 

-0ROAC 20: 10- 1. Part 1 

A Part of another OAC Title ............................ OAC 20: 10-1. Part 1 

The same Title of the OAC ............................. this Title 

-OR - 

OAC 20 

P The same Chapter of .......................... the OAC this Chapter 

-0ROAC 20: 10 

The same Subchapter of the OAC ........................ this Subchapter 

-0ROAC 20: 10- 10 

The same Part of the OAC ............................. this Part 

-0ROAC 20:lO-10, Part 1 

The same Section of the OAC ........................... this Section 

-0R20: 10-10-1 

The same subsection of the OAC ........................ this subsection 

The same paragraph of the OAC ......................... this paragraph 

The same subparagraph of the OAC ...................... this subparagraph 

The same unit of the OAC ............................. this unit 

The same subunit of the OAC ........................... this subunit 

UNOFFICIAL 7/1/01 
Page 159

Certification of Public Hearings
MARK COLEMAN 

Executive Director 

OKLAHOMA 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY 

FRANK KEATING 

Governor 

March 4,2002 

Mr. Gregg Cooke, Regional Administrator (6RA) 

U. S. Environmental Protection Agency, Region VI 

1445 Ross Avenue, Suite 1200 

Dallas, TX 75202-2733 

Subject: Revisions to the Oklahoma Air Quality Control Implementation Plan 

Dear Mr. Cooke: 

I" The proposed revisions to the Oklahoma Air Quality Control Implementation Plan were all 

promulgated as new or revised Department of Environmental Quality (DEQ) rules. We certify 

that these rules were adopted in substantial compliance with the requirements of the Oklahoma 

Administrative Procedures Act, 75 O.S. $$ 250.1 through 323 and 40 CFR 5 5 1.1 02 and submit 

this certification to satisfy the evidence requirements for state implementation plans in 40 CFR 

51, Appendix V, 2.l(f). The rules to be added or amended in Oklahoma's plan and the dates of 

the public rulemaking hearings held by the DEQ's Air Quality Council and Environmental 

Quality Board are listed in the tables below: 

OAC 252:100, Appendix E. Primary Ambient Air Quality Standards 

OAC 252:lOO-3. Air Quality Standards and Increments 

OAC 252:100, ~bpendix F. ~econdary Ambient Air ~uality Standards 1 NOTICE 1 PUBLIC HEARING 1 CONDUCTED HEARING 

NOTICE 

0311 5/95 

0911 5/95 

10711 5/98 108/18/98 l~ir Quality Council 1 

PUBLIC HEARING 

0411 8/95 

09/26/95 

CONDUCTED HEARING 

Air Quality Council 

Environmental Quality Board 

0711 5/98 

11/15/99 

01/18/00 

707 NORTH ROBINSDN, P.O. BOX 1677, OKIAHOMA CITY, OKLAHOMA 731 01-1 677 

printed on recycled paper with soy ink 

Q 

OAC 252:lOO-5. Registration, Emission Inventory and Annual Operating Fees 

0911 5/98 

121 14/99 

02/25/00 

P 

Environmental Quality Board 

Air Quality Council 

Environmental Quality Board 

NOTICE 

0711 5/97 

PUBLIC HEARING 

08/19/97 

CONDUCTED HEARING 

Air Quality Council 
Page 2 

OAC 252:lOO-7. Permits For Minor Facilities 

Air Quality Council 

Air Quality Council 

Air Quality Council 

Environmental Quality Board 

Environmental Quality Board 

Air Quality Council 

Air Quality Council 

Environmental Quality Board 

Air Quality Council 

Air Quality Council 

Environmental Quality Board 

0911 5/97 

1 111 7/97 

1 1/17/97 

0 1/02/98 

01/02/98 

0911 5/98 

11/16/98 

01/15/99 

0911 5/99 I 

1 111 5/99 

0 111 8/00 

10610 1/87 107/21/87 l~ir Quality Council 

10/21/97 

121 1 6/97 

0 1/09/98 

0 1/27/98 

03/20/98 

1 0/20/9 8 

1211 5/98 

03/05/99 

1 01 1 9/99 

1 21 14/99 

02/25/00 

OAC 252:100, Appendix H. De Minimis Facilities 

108/03/87 109/22/87 l~ir Quality Council 

NOTICE 

02/02/8 7 

0410 1/87 

PUBLIC HWG 

0311 7/87 

05/19/87 

0 1/04/88 

08/03/92 

0811 7/92 

1 01 1 5/92 

0711 5/93 

08/02/93 

CONDUCTED HEARING 

Air Quality Council 

Air Oualitv Council 

0911 5/93 

1210 1/93 

- - 

01/28/88 

0811 1/92 

09/15/92 

1 1/05/92 

0811 7/93 

09/14/93 

Environmental Quality Board 

Air Quality Council 

Air Quality Council 

Environmental Quality Board 

Air Quality Council 

Air Oualitv Council 

10/19/93 

12/22/93 

Air Quality Council 

Environmental Quality Board 
Page 3 

OAC 252: 100-8. Permits for Part 70 Sources 

OAC 252: 100, Appendix I. Insignificant Activities (Registration) List 

OAC 252:lOO-9. Excess Emission and Malfunction Reporting Requirements 

1 NOTICE 1 P UBLIC HEARING 1 CONDUCTED HEARING 1 

-0AC 252: 100, ~p~endix J. gal Activities (De ~inimis) List 

051 1 7/99 10611 5/99 l~ir Quality Council 

08/02/99 1 0 8/24/99 l~ir Oualitv Council 

CONDUCTED HEARING 

Air Quality Council 

Air Quality Council 

Environmental Quality Board 

Environmental Quality Board 

Air Quality Council 

Environmental Quality Board 

Air Quality Council 

Air Quality Council 

Environmental Quality Board 

NOTICE 

0911 5/97 

11/17/97 

11/17/97 

1 1/17/97 

11/16/98 

11/16/98 

05/15/00 

0711 7/00 

0711 7/00 

PUBLIC HEARING 

1012 1/97 

121 16/97 

0 1/27/98 

03/20/98 

12/15/98 

03/05/99 

06/14/00 

0811 6/00 

1 1/14/00 

0911 5/99 

11/15/99 

01/18/00 

0311 5/00 

0311 5/00 

OAC 252:lOO-17. Incinerators 

OAC 252:100, Appendix A. Allowable Emissions for Incinerators with Capacities in Excess of 100 

lbshr 

OAC 252:100, Appendix B. Allowable Emissions for Incinerators with Capacities Less than 100 

Ibshr 

OAC 252:lOO-13. Open Burning 

101 19/99 

12/14/99 

021 16/00 

0411 9/00 

06/20/00 

NOTICE 

0911 5/99 

1 1/15/99 

11/15/99 

. d 

Air Quality Council 

Air Quality Council 

Air Quality Council 

Air Quality Council 

Environmental Quality Board 

NOTICE 

091 1 6/96 

PUBLIC HEARING 

1 01 1 9/99 

1 211 4/99 

02/25/00 

CONDUCTED HEARING 

Air Quality Council 

Air Quality Council 

Environmental Quality Board 

PUBLIC HEARING 

10/15/96 

(CONDUCTED HEARING 

9 

Air Quality Council 

Air Quality Council 

Environmental Quality Board 

Environmental Quality Board 

Air Quality Council 

Environmental Quality Board 

01/15/97 0211 9/97 

11/17/97 

11/17/97 

11/17/97 

03/15/00 

03/15/00 

1211 6/97 

01/27/98 

03/20/98 

04/ 1 9/00 

06/20/00 
Page 4 

OAC 252:lOO-19. Control of Emission of Particulate Matter 

OAC 252:lOO-21. Particulate Matter Emissions From Wood-Waste Burning Equipment 

[REVOKED] ; 

Subchapter 252:lOO-27. Particulate Matter Emissions from Industrial and Other Processes and 

Operations [REVOKED] 

OAC 252:100, Appendix C. Particulate Matter Emission Limits for Fuel-Burning Equipment 

OAC 252:100, Appendix D. Particulate Matter Emission Limits for Wood-Waste Burning 

Equipment 1 NOTICE 1 PUBLIC HEA~G 1 CONDUCTED HEARLWG 1 

08/02/99 

0911 5/99 

091 1 5/99 

OAC 252:lOO-23. Control of Emissions From Cotton Gins 

08/24/99 

1011 9/99 

11/16/99 

OAC 252:lOO-24. Particulate Matter Emissions from Grain, Feed or Seed Operations 

OAC 252:100, Appendix L. PM-10 Emission Factors for Permit by Rule for Grain Elevators 

Air Quality Council 

Air Quality Council 

Environmental Quality Board 

CONDUCTED HEARING 

Air Quality Council 

Air Quality Council 

Environmental Quality Board 

NOTICE 

0711 5/98 

09/15/98 

091 15/98 

IC.C 

OAC 252: 100-25. Smoke, Visible Emissions and Particulates 

NOTICE PUBLIC HEAWG CONDUCTED HEARING 

03/16/98 0412 1/98 

PUBLIC HEARING 

0 81 1 8/98 

10120198 

11/10/98 

08/03/98 

091 15/98 

0911 5/98 

OAC 252:lOO-29. Control of Fugitive Dust 

NOTICE 

0511 5/00 

0711 7/00 

CONDUCTED HEARING 

Air Quality Council 

Air Quality Council 

NOTICE 

02/01/94 

0210 1 194 

0811 8/98 

10/20/98 

11/10/98 

PUBLIC HEAmG 

0310 8/94 

041 12/94 

Air Quality Council 

Air Quality Council 

Environmental Quality Board 

PUBLIC HEARING 

0611 4/00 

08/16/00 

0210 1 194 

0910 1/94 

0210 1 195 

0610 1/95 

0711 8/98 

09/15/98 

091 15/98 

CONDUCTED HEARING 

Air Quality Council 

Air Quality Council - 

Air Quality Council 

Environmental Quality Board 

0911 5/00 

0911 5/00 

061 14/94 

09/28/94 

02/22/95 

06/27/95 

0811 8/98 

1 0/20/98 

11/10/98 

1011 8/00 

11/14/00 

Air Quality Council 

Environmental Quality Board 

Air Quality Council 

Environmental Quality Board 

Air Quality Council 

Air Quality Council 

Environmental Quality Board 
Page 5 

OAC 252:lOO-31. Control of Emission of Sulfur Compounds 

OAC 252:lOO-35. Control of Emission of Carbon Monoxide 

1 NOTICE [P UBLIC HEARING 1 CONDUCTED HEARING 

OAC 252:lOO-33. Control of Emission of Nitrogen Oxides 

CONDUCTED HEARING 

Air Quality Council 

Air Quality Council 

Environmental Quality Board 

NOTICE 

04/02/94 

0710 1/94 

0710 1/94 

OAC 252:lOO-37. Control of Emission of Volatile Organic Compounds (VOCs) 

NOTICE I COND I~CTED HEARING 

0711 5/98 cil 

0911 5/98 

P UBUC HEARING 

061 14/94 

08/09/94 

1 1130194 

CONDUCTED HEARING 

Air Quality Council 

Air Quality Council 

Environmental Quality Board 

NOTICE 

01/18/00 

0311 5/00 

0311 5/00 

08/02/99 

0911 5/99 

091 1 5/99 

PUBLIC HEARING 

021 16/00 

041 19/00 

06/20/00 

08/24/99 

101 19/99 

1 111 6/99 

OAC 252:lOO-39. Emission of Volatile Organic Compounds (VOCs) in Nonattainment Areas and 

Former Nonattainment Areas 

Air Quality Council 

Air Quality Council 

Environmental Quality Board 

NOTICE 

0711 5/98 

0911 5/98 

11/16/98 

01/15/99 

01/15/99 

OAC 252: 100-45. Monitoring of Emissions 

NOTICE 

0910 1 I94 

11/01/94 

PUBLIC HEARING 

0811 8/98 

1 0/20/98 

1211 5/98 

021 17/99 

03/05/99 

CONDUCTED HEARING 

Air Quality Council 

Air Quality Council 

Air Quality Council 

Air Quality Council 

Environmental Quality Board 

PUBLIC HEARING 

1011 1/94 

1 1 13 0194 

CONDUCTED HEARING 

Air Quality Council 

Environmental Quality Board 
- All notices of DEQ's intent to adopt new or amended rules were published in the Oklahoma Register. 

The Oklahoma Register is semi-monthly publication prescribed by the Oklahoma Administrative 

Procedures Act in which all rulemaking actions and the associated documents must be published. Notices 

of rulemaking intent include the date, time and location of public hearings and information on how the 

public may submit written or oral comments on proposed rules. The public comment period for all Air 

Quality Council meetings begins on the date of publication of the notice and ends on the date of the 

public hearing. The Environmental Quality Board (EQB) accepts comments on the date of the EQB 

hearing. 

If you have questions or require additional information, please contact Scott Thomas, Environmental 

Programs Manager, at (405) 702-4100. 

Eddie Terrill, Director 

Air Quality Division