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

Section I
Tab Page1 

### Legal Authority

............................................................... 1 OK Admi nistrative Procedures

.................................................. 69 Introduction

........................................................... 71 Administrative Rules on Rulemaking

....................................... 93 Certification of Public Hearings

.......................................... 159 to 170

1

### Page numbers are in the lower right corner of odd numbered pages. Even numbered pages do not have page numbers. Even numbered blank pages have been deleted.

# Page 1 Legal Authority

### Legal Authority

Upon recommendation ofthe 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 responsibilitiesnecessary and proper for the implementation of the Oklahoma Clean Air
Act and the llfillment of the requirementsofthe Federal Clean Air Act. Specifically,the
Board and the DEQ have the existingauthorityto: 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. $2-5-1141;
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-
5-110.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 substantialendangerment to human health [27AO.S. 

### $ 2-5-105.15.1;
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-
117.A.2.1;

### Obtain information necessary to determinecompliance [27AO.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 1O.S. 

## $8 24A. 1 through 24A.261.
The laws that give the Council, Board and 

## DEQ these authoritiesare located in title 27A
ofthe Oklahoma Statutes at sections2-2-101,2-5-105, -106, -107, -108, -1 10,-1 12,

### -1 14,
and -1 17. In addition, portions of the Oklahoma Open Records Act, 5 1 Okla. Stat. §§ 

### 24A. 1through 24A.26, requiresrecords of State agenciesto be open forpublic inspection and copying. (A copy of all Oklahoma statutes citedherein is attached.)

The legal authorities cited above were all in effect on the date of the submission of this
revision to the StateImplementation Plan.

### OK STT. 27A 

## 8 2-2-201, Advisory councils Page 1



### OKLAHOMA STATUTESANNOTATED TITLE27A. ENVIRONMENTAND NATURAL RESOURCES CHAPTER2. 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 ManagementAdvisory Council;


### 4. The Radiation Management Advisory Council; and
5. 

### The Laboratory ServicesAdvisory 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 appointmentsfor 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 chairor by the concurrenceof any three (3)

### members.
C. 1.All members ofthe Water QualityManagement Advisory Council shallbe knowledgeable of water quality and ofthe environment. The Council shallbe composed 

### as follows:

a. the Governor shall appoint three members as follows: (1) 

### one member representingthe field ofengineering, (2) 

### one member representing a statewide nonprofit environmental organization, and *37976 

### (3) 

### one member representingthe general public, b. the PresidentPro Tempore ofthe Senateshall appoint three members as follows: (1) 

### one member representing an industry located in this state, Copyright (c)West Group 2001 No claim to 

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### T. 

### 27A 

### 8 2-2-201, Advisory councils Page 2 

### (2) one member representing an oil field-relatedindustry, 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 ofthe local governmentalbody 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 ofthe Hazardous Waste ~ana~ement Advisory Council shall be knowledgeable ofhazardous waste and ofthe environment. The Council shallbe 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 governingbody of a city or town, b. the President Pro Temporeofthe 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 governmentalbody of a city or town, (2) one member representingthe general public, and (3) one member representing industry generating hazardouswaste, and c. the Speaker of the House of Representatives shall appoint three members as follows: (1) one member representing the field ofengineering, (2) one member representing the hazardous waste industry, and (3) one member representing the field of geology.


### "37977 2. Thejurisdictional 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 ofthe environment. The Council shall be composed as follows:

a. the Governor shall appointthree members as follows: (1) one member representing a statewide nonprofit environmental organization, (2) one member shallbe a county commissioner, and (3) 

### one member representingthe generalpublic, b. the PresidentPro Temporeofthe 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 Copyright (c) West Group 2001 No claim to original 

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## 5 2-2-201, Advisory councils Page 3

m 

### be a member ofthe local governmental body of a city or town, and (3) one member representingthe field ofgeology, and c. the Speaker of the House of Representatives shall appoint three members as follows: (1) one member representingthe solid waste disposal industry in this state, (2) one member representing the field ofengineering, and (3) one member representing the transportationindustry.
2. Thejurisdictional areas ofthe Solid Waste Management Advisory Council shall includeArticle 

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

### F. 1. All members of the Radiation Management Advisory Council shall be knowledgeable of radiation hazards and radiationprotection. The Council shallbe composedas follows:

a. the Governor shall appoint three members asfollows: (1) one member representing an industry located in this state which uses sourcesofradiation in itsmanufacturing orprocessing 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 ofthe Senate shall appoint three members as follows: 

### *37978(1) one member represent'ingthe 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 generalpublic, and (3) one member representingthe field ofindustrial radiography, and c. the Speaker of the House of Representatives shall appoint three members as follows: (1) one member representingthe 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 mattersofradiation management and protection.
2. The jurisdictional areas ofthe Radiation Management Advisory Council shall include Article 

## IX of this chapter [FN5] and such other areas asdesignatedby the Board.
G. 1. All members of the Laboratory Services Advisory Council shall be knowledgeable of laboratory services and certification standards. The Council shallbe composed asfollows:

a. the Governor shall appoint three members asfollows: (1) one member representing a private laboratory within the state certified by the Department, (2) one member representingthe field ofhydro-geology, and (3) one member representing permit holders required to routinely submit laboratory analyses resultsto the Department, Copyright (c) West Group 2001 No claim to 

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## 5 2-2-201, Advisory councils Page 4 

### 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 resultstothe Department, and (3) one member representing the field ofenvironmental chemistry.
2. Thejurisdictional 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 Councilcreated 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 QualityAdvisory 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 ofthis section.
2. The Council shall consist of nine (9) members who shallbe residents of this state and appointed by the Governor with the advice and consent ofthe Senate. -% 

### 3. Members ofthe 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 employeeofany unit ofgovernment, 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 ofuniversity status and shallbe experienced in matters of scientificknowledge and competent in matters of air pollution control and evaluation, d. one member shall be selected from the transportation industry, e. one member shallbe 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 shallbe selected from the political subdivisionsofthe state, and, as such, shallbe a member ofthe 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 Copyright (c)West Group 2001 No claim to original 

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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 shallbe appointed to serve a term of office of seven 

### (7)years, except thatthe 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 oftwo 

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

### (3)years after date of appointment; *37980 

### One atthe end of four 

### (4)years after date of appointment;



## , One atthe end of five 

### (5) years after date of appointment; One atthe end of six (6) years after date ofappointment; 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 ofthe 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 ofthe unexpired term created by the vacancy. Five membersofthe Council shall constitute a quorum. 

### 5.The Council shallhold at leasttwo regular meetings each calendaryear 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 ensuingyear. Special meetings may be called, and any meetingmay be canceled, by the chair, orby three members ofthe Councilby delivery ofwritten notice to each member ofthe Council. F 

### 6. The jurisdictional areas ofthe Air Quality Council shall include Article

### V ofthis chapter 

### m7] and such other areas asdesignated 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 authorityto recommend to the Board rules on behalf ofthe 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 previouslybeen submittedto 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 ProceduresAct; 

### [FN9]
3. Have the authorityto make written recommendationsto the Board which have been concurred upon by at least a majority ofthe membershipofthe Council;


### 4. Have the authorityto provide a public forum forthe discussion of issues it considers relevant to its area ofjurisdiction, and to:
*37981 

### a. pass nonbinding resolutions expressingthe sense ofthe Council, and b. make recommendationsto the Board or Department concerningthe need and the desirability of conducting meetings, workshops and seminars; and


### 5. Cooperatewith each other Council,the public, the Board and,the Executive Director in orderto Copyright (c)West Group 2001 No claim to original U.

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### OK ST T. 27A 

### 5 2-2-201, 

### Advisory councils Page 6 

### coordinate the rules within their respectivejurisdictional areas and to achieve maximum efficiency and 

# -
effectivenessin furthering the objectives of the Department.

. 

### J. 

### The Councils shall not recommend rules for promulgation by the Environmental Quality Board unless all applicablerequirements of the Administrative Procedures Act have been followed, includingbut 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 conferencerooms ofthe Department of Environmental Quality and obtain administrative assistance from the Department, as required.

1997

### Main 

### Volume
Laws 1992,c. 398, 

### J 10, eflJan. 1, 1993. Renumberedfiom Title 27A, J 10 byLaws 1993, c. 145, J 359, eflJuly 1, 1993 and amendedby Laws 1993,c. 145,

### J 15, eemerg. e# June 7, 1993. Laws 1995, c.80,

### J I, eflJuly 1, 1995. [FNI] Title 27A, $ 2-6-101 et seq. [FN2] Title 27A, $ 2-7-101 et seq. [FN3] Title 27A, $2-10-101 et seq. [FN4] Title 27A, $ 2-1 1-401 et seq. [FN5] Title27A. $ 2-9-101 et seq. [FN6] Title 27A, 

### 6 2-4-101 et seq. [FN7] Title27A, $ 2-5-10 1 et seq. p8]Title 27A. $ 2-1-101 et seq. p9]Title75, 

### 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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### T. 27A 

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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 theretoread: "The Air Quality Council created pursuant to Section 1-1802 ofTitle 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 assistancefrom 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 StateBoard of Health and the Oklahoma State Departmentof Health, pursuant to its existing statutory duties and to the EnvironmentalQuality Board for promulgation ofrules pursuantto the provisions ofthe Oklahoma Environmental QualityAct."

; added subsectionsH.2 to H.6; redesignatedformer subsection E 

### & subsection I and rewrote subsectionI, 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 QualityAct. TheDepartment shall not have standing to recommend rules or changes to rules submitted tothe Board by the various advisorycouncils."

; and added subsectionsJ and K. Section 59 ofLaws 1993,c. 324 provides: "Sections 15 [amending this section], 277 and 349 of Enrolled House Bill No. 1002 [c. 1451of the 1st Session of the 44th Oklahoma Legislature shall be effectiveupon the passage ofthis act." *37983Laws 1993,c. 324, an emergency act, was approvedby the Governor June 7,1993. The 1995 amendment, in subsectionB.l, inserted the fourth sentence. 

### REFERENCES
CROSS REFERENCES Advisory council for waterworksand wastewaterworks, performance of duties as specifiedin this section, see Title 59, { 1103.



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### 2-5-105, Administrative agency--Powers and duties Page 1



### OKLAHOMA STATUTESANNOTATED TITLE27A. ENVIRONMENT

## AND NATURAL RESOURCES CHAPTER 2. OKLAHOMA ENVIRONMENTAL QUALITY CODE ARTICLE

### V. OKLAHOMA CLEAN AIR ACT

Currentthrough Chapter9

### of

### 2000 1st

### Ex. Sess. 

# 52-5-105.Administrative agency--Powers and duties

I 

### The Department of Environmental Quality is hereby designatedthe administrative agency for the Oklahoma Clean Air Act 

## [FN I] for the state. The Departmentis empoweredto: 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 permittingprogram 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. Prepareand develop a general plan forproper air qualitymanagementin the state in accordance with the Oklahoma Clean Air Act; P 

### 4. Enforce rules ofthe Board and orders oftheDepartment andthe 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 ofnew and existing air contamination sources within the state;
6. Encourage and conduct studies, seminars, workshops, investigations and research relatingto air pollution and its causes, effects, prevention, control and abatement;


### 7. Collect and disseminate information relatingto airpollution, 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 ofpurity ofair 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 relationto the control of air pollution;
10.Provide such technical, scientificor other services, includinglaboratory and other facilities, as may be required forthepurpose of carrying out the provisions ofthe OklahomaClean 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 asmay be necessaryto carryout 

# - the provisions of the Oklahoma Clean Air Act and prescribe their powers and duties;
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### 27A $ 

### 2-5-105, Administrative agency-Powers and duties Page 2 

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

### functionsofthe Oklahoma Clean Air Act; 13. Budget and receive duly appropriated monies and all othermonies available for expendituresto carry outthe provisions and purposes ofthe 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 filean action pursuant to the OklahomaClean 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 endangermentto the health ofpersons; 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 reasonabletimes or duringregular businesshours, any source, facility or premises permitted or regulated by the Department, for the purpose of obtaining samples or determining compliancewith the Oklahoma Clean Air Act or any rule promulgated thereunder or permit condition prescribed pursuant thereto, orto examine any records kept orrequired 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 contributeto the emission ofany 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 confidentialinformation may be easily removed intact without disturbingthe 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 ofa contestedhearing;
*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 ofthe ~klahoma~lean Air Act; and -"% 

### 21. Carry out all other duties, requirements and responsibilities necessary and proper for the Copyright (c)West Group 2001 No claim to original U.

### S. 

### Govt. worksOK ST T. 27A $ 2-5-105, 

### Administrative agency--Powers and duties Page 3

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### implementation of the Oklahoma Clean Air Act and fulfilling the requirements ofthe Federal Clean Air Act. [FN3]

1997 Main Volume

Laws 1992,c.215, 

### J 4, emerg. eff

### May 15, 1992. Renumberedfiom Title 63,J 1-1805.1and amendedby 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 7661a(bX10). [FN3] 42 U.S.C.A. 

### 8 7401 et seq. 

### <General Materials (GM) 

## - References, Annotations, or Tables>
HISTORICALNOTES HISTORICALAND STATUTORYNOTES
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 ofHealth."
; 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', forthe purpose ofthis 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 anyproposed 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 ofparagraph 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 ofdivisions (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 "thisstate" for "it",and in subparagraphc, substituted "Department" for "state"; and in paragraph 9 22, substituted "theOklahoma Clean Air Act"for "this act". Section 1 ofLaws 1993, c.47, amending this section, was repealed by Laws 1994, c.2, $34.



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### OKLAHOMA STATUTESANNOTATED TITLE 27A. ENVIRONMENTAND NATURAL RESOURCES CHAPTER

### 2. OKLAHOMA ENVIRONMENTAL QUALITY CODE ARTICLE 

### V. OKLAHOMA CLEANAIR ACT

Currentthrough Chapter9 

### of2000 

### 1st

### Ex. Sess. 

### tj 

### 2-5-106. Rules

, 

### The Board is hereby authorized, after public rulemaking hearing and approvalby 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 additionalrules includingbut not limited to permit fees, as it deems necessary to protect the health, safety and welfare ofthe public and hlfill the intent and purpose ofthese provisions.

1997 

### Main Volume
P Laws 1992,c. 215,

### J 5, emerg.efi May 15, 1992. RenumberedfromTitle 63,

### J 1-1806.1and amendedbyLaws 1993,c. 145,JJ 43,359,efiJuly 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".



### Copyright(c) West Group 2001 

### No claim to original 

### U.S.Govt. works

### OK ST T. 

### 27A 

## 9 2-5-107, Air Quality Council--Powersand duties Page 1



### OKLAHOMASTATUTESANNOTATED TITLE 27A. ENVIRONMENT AND NATURAL RESOURCES CHAPTER2. OKLAHOMAENVIRONMENTAL QUALITY CODE ARTICLE

### V. OKLAHOMA CLEAN AIR ACT Current through Chapter9

### of2000 

### 1stEx. Sess. 

# 8 2-5-107. Air Quality Council--Powersand duties
I 

### The powers and duties ofthe Council shallbe 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 contaminantsin the state as may be consistent with the general intent and purposes ofthe Oklahoma Clean Air 

### Act. [FNl] The recommendations may include, but need not be limited to, rules required to implementthe following:

a. a comprehensive state air permitting program, b. an accidental release preventionprogram, c. a program forthe regulation and control oftoxic 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 authorityto 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 ofthe state, may not cause need for air control in another area ofthe state. The Council shall take into consideration, in this connection, all factors found by it to be proper andjust, including but not limited to existing physical conditions, economic impact, topography, population, prevailingwind 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 ofthe statemay not be proper either asto a highly developed industrial area ofthe state or as to a relatively unpopulated area ofthe state;
"38064 

### 5. 

### Recommendationsto the Board shall be in writing and concurred upon by at least five members ofthe Council; 

# - 6. The Council shall have the authority and the discretion to provide a public forum for the discussion of issues it considersrelevant to the airquality of the state,and to: Copyright (c) West Group 2001 No claim to original U.S. 

### Govt. works

### OK ST T. 27A 

## 5 2-5-107, Air Quality Council--Powersand duties Page 

### 2


### a. pass nonbinding resolutions expressing the sense ofthe 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 StateImplementationPlan and make recommendations to the Department concerningthe 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 administeroaths, and to take testimony and receive such pertinent and relevant proof as it may deem to be necessary, proper or desirablein order that it may effectively discharge its duties and responsibilitiesunder the Oklahoma Clean Air Act. The Council is also empoweredto appoint an AdministrativeLaw 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 accordancewith their findingsor take such action as indicated and notifythe respondent thereof in writing.

1997Main 

### Volume
Laws 1992,c. 215,

### i, 7,emerg. efl May 15, 1992. Renumbered from Title 63,

### i, 1-1808.1and amended byLaws 1993,c. 145,

### i,i, 44, 359,eflJuly 1, 1993. Laws 1994,c.353, 

### i, 7,eflJuly I, 1994. PI] Title27A, 

### 8 2-5-101 et seq. 

### <General Materials (GM)

# - References,Annotations, or Tables>
HISTORICALNOTES
HISTORICALAND STATUTORYNOTES 1997 Main 

### Volume
The 1993 amendment, in paragraph I, in the introductory clause, deleted "and regulations" following "rules" and substituted "the Oklahoma CleanAir 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 AdministrativeLaw 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 "ExecutiveDirector" for "Commissioner".



### Copyright (c)West Group 2001 No 

### claim to original U.S. Govt. works

### OK ST T. 27A 

### 8 2-5-108, Director ofAir Quality Program--Powers and duties Page 1



### OKLAHOMASTATUTESANNOTATED TITLE 27A. ENVIRONMENTAND NATURALRESOURCES CHAPTER2. OKLAHOMAENVIRONMENTAL QUALITY CODE ARTICLE V. OKLAHOMA CLEAN AIR ACT

Currentthrough Chapter9

### of2000 

### 1stEx. 

### Sess. 

### tj

### 2-5-108. Director ofAir QualityProgram--Powers and duties
A. A Director of the Air Quality Program shall be appointed and employed by the Executive Director and shallhave the following duties and powers: 

### 1. Perform those duties and responsibilitiesas may be assigned by the Executive Director and as may be required for carryingoutthe airpollution program of the Department;
2. 

### Attend, or designate an alternateto attend, all meetings ofthe Council and the Panel, but shall not be entitledto a vote; 3. Serveor appoint a designee to serve as secretaryto the Counciland serve or appoint a designee to serve as secretaryto 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 recommendationsto the Council and to the ExecutiveDirector for the issuance of formal complaints and for the prosecution of such complaintsby the Department;
3. Keep a record ofall meetings ofthe 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 amendedby 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. 

### <GeneralMaterials (GM)

# - References, Annotations,or Tables>
HISTORICAL NOTES 

### Copyright (c) West Group 2001 No claimto original U.S. Govt. works

### OK ST T. 27A 

### 4 2-5-108, Director of Air Quality Program--Powersand duties
HISTORICAL AND STATUTORY NOTES Page 2



### 1997Main Volume
The 1993 amendmentrewrote the section, which prior theretoread:
"A. A Chief of Air Quality Service having those qualifications required by the state merit system shall be appointed and employedby 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 ofthe Council and the Panel, but shall not be entitled to a vote; "3. Serve as secretaryto both the Council and the Panel;
"4. Make recommendationsto the Council with respect to rules, regulations and air pollution prevention and abatement; "5. Investigate citizen complaints, violations ofthis 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 forthe prosecution of such complaintsby the Department; "6. Keep a record of all meetings ofthe Council and the Panel; and
"7. Notify the members ofthe Council and the Panel of the time, place and purpose oftheir 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 orpermit 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 ofthe premises who shall have the option of accompanying the investigator, shall not be denied access at reasonable times to any private orpublic 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 ofthe complaint,the Chief shall file a written report setting forth his findings, a copy ofwhich 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 statementto 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 Chiefshall schedule the complainant to appear before the Council atthe earliest regularly scheduled meeting and shall notify by mail both the complainant and the person whose activities are the source ofthe complaint. The Council shall allow the complainant a reasonable amount of time in which topresent 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 orregulation 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 orby certified mail to the alleged violator orviolators not lessthan thirty (30) days before the time set forthe hearing, and state with specificity the nature ofthe violation orviolations. "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:


### Copyright (c) West Group 2001 

### No claim to original U.S. Govt. works

### 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 ofthe 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 assecretary to both the Council and the Panel;
"4. ~akd recommendations tothe Council with respect to rules and air pollution prevention and abatement;
"5. Investigate cihzen complaints, violations oftheOklahoma 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 offormal complaints adn for theprosecution of such complaints by theDepartment; "6. Keep a record of all meetings of the Council and the panel; and "7. Notify the members of the Council and the Panel ofthe time, place and purpose of their respective meetings."



### Copyright (c) West Group 2001 No claim to original U.S. Govt. works

### OK 

### ST T. 27A 

## 5 2-5-110, Violations--Complianceorders--Administrativepenalties--Notice and hearing-Burdenof proof--Settlements or consentorders
4'- 

### Page 1



### OKLAHOMA STATUTESANNOTATED TITLE 27A. ENVIRONMENTAND NATURAL RESOURCES CHAPTER 2. OKLAHOMAENVIRONMENTAL QUALITY CODE ARTICLE V. 

### OKLAHOMA CLEANAIR ACT

CurrentthroughChapter9 

### of2000 

### 1st

### Ex. Sess. tj 

### 2-5-110. Violati'ons--Compliance orders--Administrative penalties--Notice and hearing-- Burden ofproof--Settlementsor consent orders
A. In addition to any other remedy provided forby law, the Department may issue a written order to any person whom the Departmenthas reason to believe has violated, or is presently in violation of, the Oklahoma Clean Air Act or anyrulepromulgated by the Board, any order ofthe 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 opportunityto eliminate such violations, but may, however, reduce the fifteen-day notice period as in the opinion ofthe Departmentmay be necessary to render the order reasonably effectual.
B. Such ordermay require complianceimmediatelyorwithin a specified time period orboth. The order, notwithstanding any restriction contained in subsection A of this section, may also assess an administrative penaltyfor past violations occurringno more than five (5)years priorto 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 specificitythe nature ofthe violation or violations, and may impose such requirements, procedures or conditionsas may be necessaryto 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 exceedTen 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 amountbased upon consideration ofthe evidencebut 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 shallcontain languageto that effect. Upon such request the enforcement hearing shallpromptlybe setbefore the Department unlessthe respondent requests that the hearingbe 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 ofthe Oklahoma Clean Air Act, or any rule promulgated thereunder, the burden ofproof shall be upon the Department.
Copyright (c)West Group 2001 No claimto original U.S. Govt. works

### 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 orconsent order with any respondent.

1997 Main Volume
Laws 1992,c. 215,$10, emerg.efl

### May 15, 1992. Renumberedfrom Title 63,$1-1811 and amendedby Laws 1993,c. 145, §$ 47, 359,eflJuIy 1,1993. Laws 1993,c.324, $13, efl Jub1.1993.

t 

### 2001 Electronic Update mended by ~aks 1999,c. 131,jI, efl Nov. 1, 1999. 

### <General Materials (GM)

# - References, Annotations, orTables>
HISTORICALNOTES
HISTORICALAND STATUTORY NOTES
1997 Main Volume
Laws 1993, c. 145, 

### 5 47, in subsection A, in the first sentence, substituted "the Oklahoma Clean AirAct" 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".



### Copyright (c) West Group 2001 

### No claim to original U.S. Govt. worksOK ST 

### T. 27A 2-5-112, 

### Comprehensivepermittingprogram--Issuance, denial or renewal Page 1



### OKLAHOMA STATUTESANNOTATED TITLE 27A. ENVIRONMENTAND NATURAL RESOURCES CHAPTER2. OKLAHOMAENVIRONMENTAL QUALITY CODE ARTICLE

### V. OKLAHOMA CLEANAIRACT

Currentthrough Chapter

### 9 of2000 

### 1st 

### Ex. Sess. 

# 6 2-5-112. Comprehensivepermittingprogram-Issuance, denial or renewal

I 

### A. Upon the effectivedate 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 authorityand the responsibility,in accordancewith rules ofthe 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 authorityto: 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 orto reissue a permit upon a determination that anypermittee 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 

### ofthe FederalClean Air Act; 

### [FNI]
3. 

### Revise any permit for cause or automatically reopen it to incorporatenewly applicablerules 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 conditionswhich may include,but not be limitedto:

a. emission limitations for regulated aircontaminants, *38076b. operating procedureswhen related to emissions, c. performance standards, d. provisions relating to entry and inspections, and e. compliance plans and schedules;
5. 

### Require, ifnecessary, atthe expense ofthe permittee or applicant:

a. installation and utilization of continuous monitoring devices, b. sampling, testing and monitoring of emissions as needed to determine compliance, Copyright (c)West Group 2001

### No claim to original U.S.

### Govt. works

### 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 ofthe permit and to promptly report any deviations therefromtothe Department; 

### 9. Issue permits to sources requiring permitsunder Title

### V of the Federal Clean Air Act for a term not to exceed five (5) years, except that solid waste incineratorsmay be allowed a term of up to twelve 

### (12) years provided that the permit shall be reviewed no less frequently than everyfive (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 .determinethe completenessof 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 sourceof air contaminantsmay 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 underjurisdiction ofthe Department and shall be subjectto any applicablerules 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 publicreview process. The Supreme Court or the district court,

### asthe 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, orrequire that any applicantnotify, all states whose air qualitymay be affected and that are contiguous to the State of Oklahoma, or arewithin 

### fifty (50) miles of the source of each permit application or proposed permit forthose 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 ofthe permit and itsterms and conditions.


### F. No person, including but not limited to the applicant, shall raise any reasonably ascertainable issue in any futureproceeding, unless the same issues have been raised and documented before the close of T 

### the public comment period on the draft permit. Copyright (c) 

### West Group 2001 

### No claim 

### to original U.S. Govt. works

### OK ST T. 27A $2-5-112, 

### Comprehensive permitting program--Issuance, denial or renewal Page 3

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 otherwiserequired by the Oklahoma Clean Air Act. Any permit applicableto 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 applicableto 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 liabilitiesthrough 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 responsibilityof the transferor to notify the Department in writing within ten (ID) days ofthe change in ownership.


### H. Operating permits for new sources. Operating permits may be issued to new sources without public review upon a proper determinationby the Department that:
1. The construction permit was issued pursuant tothe public review requirements ofthe 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 subjectthe 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 1-1813andamended by Laws 1993,c. 145,JJ 49,359,efl July 1,1993. Laws 1994,c.373,J 16,eflJuly 1,1994; Laws 1995,c.285,J 2, eff July 1,1996. 2001

### ElectronicUpdate
Amended byLaws 1999, C. 284, J I, emerg.effMay27, 1999; Laws 2000,c. 6.J 7,emerg. eff March20, 2000. Wl]42 U.S.C.A.

### Q 7661 et seq. W2] Title75, 

### Q 250 et seq. 

### <General Materials(GM) 

## - References, Annotations,or Tables>
HISTORICAL NOTES HISTORICAL AND 

### STATUTORYNOTES
2001

### ElectronicUpdate
Section2 of Laws 1999, c. 131, 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 "theOklahoma Clean Air Act" for "thisact", in paragraph 1, in the second sentence, substituted "the Oklahoma Clean Air Act" for "this act", "any rule" for "ofany permit, 

### Copyright (c) West Group 2001 

### No claim to original U.S. Govt. worksOK ST T. 27A 

### 8 2-5-112, 

### 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 tobe 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 "AdministrativeLaw 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 "aproposed", "the Oklahoma CleanAir 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 ofan 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 isproposed to be located. The notice must include: (I) a description ofthe 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 forfhrther information and where a copy ofthe 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 ofthe 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 ofpublication 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 ofthe 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 shallbe 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 ofthe source. Failure ofthe applicant to participate in good fsith shall constitute grounds forthe Department to deny the permit. Thepresiding officer shall have the discretion to conclude the comment period at the close of the hearing, or may extend or reopen the comment period asnecessary. 

### Copyright (c) West Group 2001 

### No claim to original 

### U.S.Govt. works

### OK ST T. 27A 

### 8 2-5-112, Comprehensive permitting program--Issuance, denial 

### or renewal 

### Page 5

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 atthis meeting or before the close of thepublic comment period, and supported in writing, by appropriate argument and evidence as may be available atthetime.
"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 ofthe 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 ofan existing source, or for the renewal ofan 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 appropriateargument and evidence asmay be available at thetime.
"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 orderpursuant 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.

"aAt 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.therules 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 theAdministrative 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 thefinal determination ofthe Department shall also be limited toparties participating in the contested case hearing.
"c.TheDepartment, upon a findingthat such permit is not in substantial compliance with the Oklahoma Clean Air Act or the rules oftheBoard, shall have the authority to require such remediation as may be appropriate, or deny thepermit."

; and redesignated former subsection H as subsection G. sC

Copyright 

### (c) West Group 2001 No claim to original 

### U.S.Govt. 

### works

### OK 

### ST T. 27A 

## 8 2-5-114, 

### Implementation and enforcement offederalemission standards--Oil and Page 1 

### gas well and equipment emissions F 

### *3808627A 0kl.St.Ann. 

# 52-5-114 

### OKLAHOMA STATUTESANNOTATED TITLE 27A. ENVIRONMENT

## AND NATURAL RESOURCES CHAPTER2. OKLAHOMA ENVIRONMENTAL QUALITY CODE ARTICLE 

## V. OKLAHOMA CLEAN AIR ACT Current through Chapter

### 9of2000 1stEx. Sess. 

# 9 2-5-114. ~m~ledentation ad enforcement offederalemission 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 ofregulated substances under Section 112(r)ofthe Federal Clean Air Act. [FN2]
1. Except as otherwise provided by paragraph 2 of this subsection, to assure that such program shallbe consistentwith, 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 referenceoffinal federal rules, and b. shall includethe federal early reduction program under Section 112(i) 

### (5) ofthe Federal CleanAir 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 orthe environment.
B. The Department shall also have the authorityto establish a separate and distinct program only for the control ofthe emission of those toxic air contaminantsnot otherwise regulated by a final emission standard under Section 112(d) ofthe Federal Clean Air Act. [FN4]
1. Such program shall consist ofpermanent rules establishing:

a. appropriate emission limitations, work practice standards, maximum acceptable ambient concentrationsor control technology standards necessary for theprotection ofthe public health or the environment,and b. emissions monitoring or process monitoring requirements necessary to assure compliance with the requirementsofthis 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 112(d)ofthe Federal Clean Air Act, shallpreclude itsregulation as a toxic air contaminant Copyright (c) West Group 2001 

### No claim to original 

### U.S. Govt. 

### works

### OK ST T. 27A § 

### 2-5-114, Implementationand enforcement of federal emission standards--Oil and Page 2 

### 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 emissionsfrom anypipelinecompressor or pump station shallnot be aggregated with emissionsfrom other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stationsare major sources, and in the case of anyoil 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 wellswith 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 1992,c. 215,

### J 14, emerg. eff May 15,1992. Renumberedfiom Title 63,

### J 1-1 815 and amendedbyLaws 1993,c. 145,

### $8 

# -
51,359, efj:July 1, 1993. [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
HISTORICALAND STATUTORY NOTES
1997Main 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 asotherwiseprovided by paragraph 2 of this subsection, to" for "To". and in paragraph 2, substituted "TheBoard may promulgate" for "Notwithstandingparagraph 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 OklahomaClean Air Act" for "this act".



### Copyright (c)West Group 2001 No claim to original U.S. Govt. works

### OK ST 

### T. 

### 27A 

## 5 2-5-1 17, Civil actions--Injunction--Abatement--Civilpenalties Page 

### 1



### OKLAHOMA STATUTESANNOTATED TITLE 27A. ENVIRONMENT

### AND NATURAL RESOURCES CHAPTER2. OKLAHOMA ENVIRONMENTAL QUALITY CODE ARTICLE V. 

### OKLAHOMA CLEAN AIR ACT
Current throughChapter9 of2000 1st

### Ex. 

### Sess. 

# 52-5-117. 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 ofthe followinginstances:


### 1. Whenever any person has violated or is in violation of any applicable provision of the Oklahoma CleanAir 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 pursuanttothe Oklahoma Clean Air Act; or

.P 

### 3. Whenever any person has violated any order of the Department or the Council or any requirementto pay any fee, fine or penalty owed to the statepursuant to the Oklahoma Clean Air Act.


### B. The district attorney or attorneys having jurisdiction shall have primary authority and responsibilityfor prosecution ofany 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 ofup to fiftypercent (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 amendedbyLms1993, c. 145, $$ 54,359, effJuly 1, 1993. Wl] Title27A, 

### Q 2-5-101 et seq. 

### <General Materials (GM)

# - References,Annotations, or Tables>
HISTORICALNOTES HISTORICALAND 

### STATUTORYNOTES
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 establishedunder this act"; and 

### Copyright (c) West Group 2001 No claim to original

### U.S.Govt. works

### 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
UNITEDSTATES SUPREME COURT
Citizen group standing, violations of pollution discharge permit, subsequent compliance with permit or shutdown of facility, mootness doctrine, seeFriends ofEarth v. Laidlaw Environmental Services(TOC), Inc., 2000, 120 S.Ct 693.



### Copyright (c) West Group 2001 No claim to original 

### U.S.Govt. works

### OK 

### ST T. 51 

### 8 24A. 1, Short title Page 1



### OKLAHOMA STATUTESANNOTATED TITLE 

### 51. OFFICERS CHAPTER 

### 1. GENERAL PROVISIONS

OKLAHOMA OPEN RECORDS ACT Current through Chapter

### 9of2000 

### 1stEx. Sess. tj

### 24A.1. Shorttitle

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, orTables>
HISTORICAL NOTES
HISTORICAL AND STATUTORY NOTES
2000 

### Main Volume Laws 1988,c. 68, 

### 8 1rewrotethe section,which prior theretoread:
"Sections 1through 18ofthis act shall be known as the 'OklahomaOpen RecordsAct'."
Laws 1988,c. 1'87; 

### 8 1 substituted "24A.19 and Section7 ofthis act" for "24A.18ofthistitle and Section2 ofthis 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 ofthis title and Section42" for "24A.19 of thistitle and Section7".
The 1997 amendment rewrotethe section,which prior thereto read: "Sections24A. 1through 24A.22 ofthis title and Section 42 of this act shall be known as the 'Oklahoma Open Records Act'." Title ofAct: An Act relating to officers; providing short title; stating purpose; definingterms; requiring public bodies and public officialsto 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 inspectionofpublic records; and providing an effective date. Laws 1985,c. 355. 

### REFERENCES LAW REVIEW AND JOURNAL COMMENTARIES 

### Copyright (c) 

### West Group 2001 No claim 

### to original U.S. Govt. 

### works

### 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



### Copyright (c) 

### West Group 2001 

### No claim 

### to original 

### U.S.Govt. works

### OK ST T. 51 

### 5 24A.2,

### Public policy--Purpose of act Page 1



### OKLAHOMA STATUTESANNOTATED TITLE51. OFFICERS CHAPTER 

### 1. GENERAL PROVISIONS

OKLAHOMA OPEN RECORDS ACT

Currentthrough Chapter 9 

### of2000 1st

### Ex. Sess. 

# g 24A.2. Publicpolicy--Purpose ofact
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 OklahomaOpen RecordsAct, 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 ofthis act [FN2] isto ensure and facilitate the public's right of accessto 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" 

### informationwill 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 recordsexceptthose specificallyrequiredby 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 51,

### 4 24A.1et seq. 

### [FN2] Title 51, 

### 4 24A. 1 et seq. 

### <General Materials (GM)

# - References,Annotations, or Tables>
HISTORICAL NOTES HISTORICALAND 

### STATUTORY NOTES
30311 2000 

### Main 

### Volume
The 1988amendment 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 sothey may efficiently and intelligently exercise their inherent political power."

. 

### Copyright (c) West Group 2001 

### No claim to original 

### U.S. Govt. works

### OK ST

### T. 51 

## 5 24A.2, Public policy--Purpose of act
ANNOTATIONS
NOTESOF DECISIONS 

### Page 2

Confidential privilege 1 Timingof 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 daysbefore meeting and was made available toprotestants as soon as it came into existence. Petition ofUniversity Hospitals Authority, Okla., 953 P.2d 314 (1997), rehearing denied.

Copyright (c) West Group 2001 No claim to original U.S. Govt. works

### OK ST 

### T. 51 § 24A.3, 

### Definitions Page 

### 1



### OKLAHOMA STATUTES ANNOTATED TITLE 

### 51. OFFICERS CHAPTER 

### 1. GENERAL PROVISIONS

OKLAHOMA OPEN RECORDSACT Current through Chapter9 

### of2000 1st

### Ex. Sess. 

# 524A.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 authorityof, 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 ofbecoming qualifiedto contractwith 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 subdivisionthereof, supported in whole or 

### in part by public fundsor 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;

### "503134. "Publicofficial" means any official or employee of any public body as defined herein; and 

### 5. "Law enforcement agency" means any publicbody charged with enforcing state or local criminal laws and initiating criminalprosecutions, including, but not limited to, police departments, county sheriffs, the Department of Public Safety, the Oklahoma State Bureau ofNarcotics and Dangerous Drugs Control, the Alcoholic Beverage Laws Enforcement Commission,and the Oklahoma StateBureau ofInvestigation.

2000 

### Main Volume


### Copyright(c) West Group 2001 

### No claimto 

### original

### U.S.Govt. worksOK ST 

### T. 51 

## 5 24A.3, 

### Definitions 

### Page 2
Laws 1985,c. 355,$3,efl Nov. 1, 1985; Laws 1987, c. 222, $ 11 7,operativeJuly 1,1987; Laws 1988, c. 187, $3, emerg, efl June 6, 1988; Laws 1993, c. 39, $1,effSept. 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. [FNI] 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 ofthis title" for "4 ofthis act". The 1988amendmentrewrote paragraph 1,which prior theretoread: 

### " '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 enforcementor medical personnel or material pertaining to financial information ofprivate 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 respectiveboard of directors to constitute confidentialinformation;" T
*50314 The 1993 amendment rewrote the second sentence ofparagraph 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 statementssubmitted to a public body for the purpose of obtaininga license, permit, or for the purpose ofbecoming qualified to contractwith 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 "orany entity createdby a trust", deleted "State" preceding "Legislature", and substituted "legislators" for "State Legislators"; and in paragraph 5, inserted "State" preceding "Bureau ofNarcotics". Laws 1998,c. 368, 

### 4 11inserted "the Council on Judicial Complaints"in paragraph2. 

### REFERENCES
LIBRARY REFERENCES
2000 Main 

### Volume
Records -30 et seq. C.J.S. Records

### 4 34et seq. 

### ANNOTATIONS NOTES OFDECISIONS
Business records 2 

### Copyright (c) West Group 2001

### No claim to original 

### U.S. GOM. works

### 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 RecordsAct, 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 copyingunder the Oklahoma Open Records Act. 0p.Atty.Gen. No. 95-15 (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 ofRecords Commission Act, and 

### 8 590 ofthe 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).



### Copyright (c) 

### West Group2001 No claim 

### to original U.S. Govt. works

### OK ST T. 51 

## 5 24A.5, 

### Inspection, copying and/or mechanical reproduction of records--Exemptions Page 1



### OKLAHOMA STATUTESANNOTATED TITLE 51. OFFICERS CHAPTER 1. GENERALPROVISIONS

OKLAHOMA OPEN RECORDS ACT Current throughChapter9 of

### 2000 1st Ejc. 

### Sess. tj

### 24A.5. Inspection, copyingandlormechanical reproductionofrecords-Exemptions

I 

### All records of public bodies and public officials shall be open to any person for inspection, copying, andlormechanical reproduction during regular businesshours; provided:
1. 

### The Oklahoma Open Records Act, Section 24A.1 

### et seq. ofthis 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. ofTitle 25 

### ofthe Oklahoma Statutes, or c. personal information within driver records as defined by the Driver's Privacy ProtectionAct, 18

### United States Code, Sections2721

### 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 requestingperson. The Oklahoma State Bureau of Investigation shall not be required to assemble for the requesting person any criminal history records relatingto persons whose names and dates ofbirth are not furnishedby the requesting person.
3. 

### Any request for a record which contains individual records of persons and the cost of copying, reproducing or certifying such individualrecord which is otherwise prescribed by state law, the cost may be assessed for each individual record, or portion thereofrequested 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 feeexceed 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 certifiedcopy. However, ifthe request: *SO318 

### a. is solely for commercial purpose, or b. would clearly causeexcessive disruptionofthe public body's essentialfunctions,
then the public body may charge a reasonable fee to recover the direct cost of document search; however, publication in a newspaper or broadcastby news media for news purposes shall not constitute a resale or use of datafor trade or commercial purpose and charges for providing copiesof electronicdata to the news Copyright (c) West Group 2001 

### No claim to 

### original U.S. GOM. works

### OK 

### ST 

### T. 

### 51 § 

### 24A.5, Inspection, copying andlor mechanical reproduction of

### records--Exemptions Page 2 

### 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 aspublic servants. The fees shall not be used for the purpose of discouraging requests for information or as obstacles to disclosure ofrequisted information.


### 4. The land description tract index of all recorded instrumentsconcerningreal property required to be kept by the county clerk of any county shall be available for inspection or copying in accordancewith 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 integrityand organization of its records and to prevent excessive disruptions of its essential functions.
6. A publicbody shall designate certain personswho are authorizedto release records of the public body for inspection, copying, or mechanical reproduction. At leastone 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.eflJune 6, 1986; Laws 1986,c.279,

### 529, operative July I, 1986; Laws 1988, c. 187, 4, emerg.eff June 6, 1988; Laws 1992, c.231,

### 52, emerg. eff May 19, 1992; Laws 1993, c.97,

### 5 7,en: Sept. 1, 1993; Laws 1996,c.209,J3, effNov. 1, 1996. 

### 2001 Electronic Update
*SO319 Amended by Laws 2000, c.342.58,eflJuly 1,2000. 

### <General Materials (GM)

# - References, Annotations,orTables>
HISTORICALNOTES HISTORICALAND 

### 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 subparagraphs4 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". 

### Copyright (c)West Group 2001 No claimto original

### U.S. Govt. 

### works

### OK ST T. 

### 51 

### 8 24A.5, Inspection, copying and/or mechanical reproduction of records--Exemptions 

### Page 3 

# - The 1988amendment, in paragraph 1, deleted subparagraph

### & which read:
"recordsnot discoverableunder state law such as materialprepared 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 introductoryparagraph, inserted the third sentence. The 1992 amendment, in the introductoryparagraph of paragraph 3, in the third sentence, substituted "Notwithstanding any stateor local provision to the contrary, in" for "In". The 1993amendmentinserted "and datesofbirth or whose driver license numbers" in paragraph2. The 1996 amendment inserted the citation in the introductory clause ofparagraph 1; in paragraph 2, added the second sentence; and in paragraph 3, in the introductoryparagraph, in the second sentencesubstituted "or" for "and/orw, in subparagraph a inserted "is" and substituted a comma for a semicolon, in subparagraphb 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 developmentincrement districtreports, exemptionfrom copying fees providedunderthis section, see Title 51, 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). 

### *50320LIBRARY REFERENCES
2000 

### Main Volume
Records -50 et seq. C.J.S. Records

### 4 35 et seq. 

### UNITED STATESSUPREME COURT
District court tax decisions as agency records of Departmentof Justice, alternative sources, see U.S. Dept. of Justice v. Tax Analysts, U.S.DistCol.1989, 109S.Ct 2841,492 U.S. 136, 106L.Ed.2d 112.
Freedom ofinformation, Addressesof agencyemployees, see U.S. Dept. ofDefensev. Federal Labor RelationsAuthority, 1994, 114 S.Ct. 1006, 510 U.S. 487, 127L.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, 508U.S. 165, 124L.Ed.2d 84, on remand 873 F.Supp. 884. Public interesttest, Bureau of Land Management mailing list, see Bibles v. Oregon Natural Desert Ass'n, 1997, 117S.Ct. 795, 519U.S. 355, 136L.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 Statev. Ray, U.S.Fla1991, 112S.Ct 541,502 U.S. 164, 116L.Ed.2d 526. 

### ANNOTATIONS NOTES OF DECISIONS
Alcohol testing 14 Arrest records 12 Commercial interests 13 Computerized records 9

- Copyright (c) West Group 

### 2001 No claim to original U.S. Govt. worksOK ST 

### T. 51 j24A.5, 

### Inspection, copying and/or mechanical reproduction of records--Exemptions Page 4
Construction and application 1 Drug and alcohol testing 14 -% Election materials 10 Excessive disruption ofessential 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 orcharges 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 ofrequest for disclosure 5 Review 27 Schoolteachers24 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. Stateex rel. Oklahoma Dept. ofCorrections, Okla, 970P.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 StateBd. of Medical Licensure and Supervision v. Migliaccio, 0kla.App. Div. 3,917P.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. 3,917P.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., 735P.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 TribuneCO.v. Fulton, Okla., 696P.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 ofpersonal information regarding drivers nor conscripted state officials to enforce 

### Copyright (c) West Group 2001 

### No claim to original 

### U.S.Govt. worksOK ST T. 51 S24A.5, 

### Inspection, copying andlor mechanical reproductionof records--Exemptions 

### Page 5

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 Safetyv. U.S., C.A.10 (Okla)1998, 161 F.3d 1266, certiorari denied 120 S.Ct 930, 528 U.S. 1114, 145L.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).
+SO3236. Time 

# - Elected county officers asdefined in title 19, 

### 8 161, in performing recordkeeping duties, are required by the provisions of statuteto make their records available tothe public on weekday mornings and afternoons, excluding holidays, for approximately eighthours. 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, ifrelease 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 discoverableunder state law such asmaterial prepared in anticipation oflitigation ortrial 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 seeksto establish it. 0p.Atty.Gen. No. 95-97 (March 13, 1996).
8. Excessive disruption ofessential 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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### U.S.Govt. works

### OK ST T. 51 § 24A.5, 

### Inspection, copying andlor mechanical reproductionof records--Exemptions 

### Page 6 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 ofcrime-related documents available from such agencies. Transportation Information Services, Inc. v. State ex rel. Oklahoma Dept. of Corrections, Okla., 970P.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 ofproviding 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. ofCorrections, Okla, 970P.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 theirjob to fill request for computer tape and many persons made copies of Commission records without incurring cost by using their own copyingmaterials in Commission office. Merrill v. Oklahoma Tax Com'n, Okla., 831P.2d 634 (1992).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 1P.2d 634 (1992).
A countyassessor may only charge the fees for records that areregularly 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 

### Copyright (c) 

### West Group 2001 

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### claim to original U.S. Govt. 

### works

### OK 

### ST 

### T. 51 

## 8 24A.5,Inspection, copying andlor mechanical reproduction of records--Exemptions 

### Page 7

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 1O.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 (June23, 1988).
12. Arrest records
I Party had no right to notice and hearing before city released public records ofhis arrest under Open Records Act. City of Lawton v. Moore, Okla, 868P.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 ofconfidentiality. 0p.Atty.Gen. No. 99-58 (August 19, 1999).
13. Commercial interests A public body in determining what materials may be exempted from disclosure ormay 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 forrehsal 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 ofHuman 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 "publicrecord" 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 isno 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 Copyright (c) West Group 

### 2001 No 

### claim to original 

### U.S.Govt. worksOK ST 

### T. 51 

## 5 24A.5, 

### Inspection, copying and/or mechanical reproductionof records--Exemptions Page 8 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 asCouncil 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., 607P.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 1404or 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 subjectto the secrecy requirements setforth 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 tobeing disclosed on request ofnewspaper absent evidencethat they fell within somedelineated 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
Therecords kept by the Oklahoma tag agents which indicate the existence or nonexistence of security interests retained in motor vehicles are matters ofpublic record under former 

### 8 23.2b oftitle 47 (Repealed; see, now, 

### 4 1110of title 47) and are to be accessible to all legitimate inquirers. 0p.Atty.Gen. No. 81-8 (April 9, 1981).
22. Municipal bills orcharges 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 RecordsAct, 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 

### Copyright (c) 

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### Inspection, copying and/or mechanical reproduction of records--Exemptions 

### Page 

### 9

P interests. Merrill v. Oklahoma Tax Com'n, Okla, 831P.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 forpublic 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 ofthe 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 ofthe "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 ofthe 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 31, 1978).
*5033026. Presumptions and burden of proof In ruling on a request for disclosurethe public body and the reviewing court must consider that, pursuant to the intent of the Open Records Act, disclosure of information is tobe favored over a finding of exemption and the party urging the exemption of materials from disclosure will have the burden ofproof to show the applicability of such an exemption. TulsaTribune 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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## 8 24A.9, 

### Personal notes and personally created material--Confidentiality Page 1



### OKLAHOMA STATUTESANNOTATED TITLE51. 

### OFFICERS CHAPTER 1. 

### GENERALPROVISIONS

OKLAHOMA OPEN RECORDS ACT

Currentthrough Chapter

### 9 

### of2000 1st

### Ex. Sess. 

### @ 

### 24A.9. Personal notes andpersonally 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 leadingto the adoption of a public policy or the implementationofa public project.

2000 Main 

### Volume
Laws 1985, c.355,59,eflNov. 1, 1985. 

### <General Materials (GM) 

## - References,Annotations, orTables>
REFERENCES
LIBRARY REFERENCES


### 2000 Main 

### Volume
Records -57. 

### C.J.S.Records 

### 9 36.



### Copyright (c) West Group 2001 

### No claimto original 

### U.S.Govt. works

### OK 

### ST T. 

### 51 

## 5 24A. 

### 10, Voluntarily supplied information-Bids, computerprograms, appraisals and Page 1 

### prospective business locations--Departmentof Commerce records--Confidentiality--Disclosure

,- 

### "5034151 0kl.St.A~~. 

## 8 24A.10 

### OKLAHOMA STATUTESANNOTATED TITLE 51. 

### OFPICERS CHAPTER 1. 

### GENERAL PROVISIONS

OKLAHOMA OPEN RECORDSACT Current through Chapter9 

### of2000 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 consideredby that agency, board or commission in the performance of its duties may, within thirty

### (30) days from the effective date ofthis 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 subjectto full disclosure pursuant to this act. B. If disclosurewould give an unfair advantageto competitors or bidders, a public body may keep confidential records relating to:F

### 1.Bid specificationsfor competitivebidding prior to publication by the public body; or 2. 

### Contentsof sealed bids prior to.theopening of bids by a publicbody; or 

### 3. Computer programs or softwarebut not data thereon; or 

### 4. Appraisals relating to the sale or acquisition ofreal 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 otherwiseopen to inspection such as applications for permits or licenses.
C. Except as set forth hereafter, the OklahomaDepartment ofCommerce may keep confidential: 

### 1. Businessplans, feasibility studies, financingproposals, 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 Copyright (c) West Group 2001 

### No claimto original

### U.S.Govt. works

### OK ST T. 51

## 8 24A. 10, 

### Voluntarily supplied information-Bids,computerprograms, appraisals and Page 2 

### prospective business locations--Departmentof 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, orTables>
HISTORICAL NOTES
HISTORICAL AND STATUTORY NOTES
2000 

### Main Volume
The 1988 amendmentinserted subsectionA; designated the existing text as subsectionB; and added subsectionC. The 1996 amendment added subsectionD. 

### 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 

### "5035151 0kl.St.Ann. §

### 24A.17 

### Page 1



### OKLAHOMA STATUTESANNOTATED TITLE 51. OFFICERS CHAPTER 1. GENERAL PROVISIONS

OKLAHOMA OPEN RECORDS ACT

Currentthrough Chapter9 

### of2000 

### 1st

### Ex. Sess. 

# 524A.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 countyjail for a period not exceeding one (1) year, orby 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 entitledto 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,efiNov. 

### I, 1985. [FNI] Title 51, § 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. Constructionand application


### Copyright (c)West Group 2001 

### No claim to originalU.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. TulsaTribune Co. v. Oklahoma Horse Racing Com'n, Okla., 735 P.2d 548 (1986). T

2. Attorneyfees Private corporation which obtained mandamus relief directing Department of Corrections to provide information requested under Open Records Act was entitled to statutory award offees 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 Group2001 Noclaim to original 

### U.S.Govt. works

### OK ST T. 51 

## 5 24A. 

### 19, Researchrecords--Confidentiality Page 1



### OKLAHOMA STATUTESANNOTATED TITLE 51. OFFICERS CHAPTER 1. GENERAL PROVISIONS

OKLAHOMA OPEN RECORDS ACT

Currentthrough Chapter9

### 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 OklahomaOpen Records Act, a public body may keep confidential:
1. Any information related to research, the disclosure of which could affect the conduct or outcome ofthe research, the ability to patent or copyrightthe research, or any other proprietary rights any entitymay have in theresearch ortheresultsofthe research including, but not limited to, trade secretsand commercial or financial information obtained fiom an entity financing or cooperating in the research, research protocols, and research notes, data, results, or otherwritings abouttheresearch; and
2. The specific terms and conditions of any licenseor 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 StateSystem ofHigher Education shall:

a. report to the Oklahoma State Regents for Higher Education as requested, on formsprovided by the Regents,research activities fundedby external entitiesor 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 supportedby 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 entitywith 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 StateRegents for Higher Education. The reports required in subparagraphs a and b ofthis paragraph shall not be deemed confidential and shall be subjectto full disclosure pursuant to the OklahomaOpen RecordsAct.
Copyright(c) West Group 2001

### No claim to original U.S. Govt. worksOK 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.eflMay 27, 1999. 

### <General Materials 

### (GM)

# - References, Annotations, or Tables>
HISTORICAL NOTES
HlSTORICAL AND STATUTORY NOTES

4 

### 2000 Main Volume
The 1999amendment rewrote the section, which prior theretoread: I "In addition to other records that a public body may keep confidential pursuant tothe 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 ofthe research, the ability to patent orcopyrightthe 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 orother unpublished writings about the research." 

### REFERENCES
LIBRARY REFERENCES


### 2000 Main Volume
Records -59. WESTLAW TopicNo. 326. C.J.S. Records 

### 4 106.



### Copyright (c)West Group 2001 

### No claimto original

### U.S. Govt. works

### OK ST T. 51 

## 8 24A.20, Records in litigation or investigation file--Access Page 1



### OKLAHOMA STATUTESANNOTATED TITLE 

### 51. OFFICERS CHAPTER 

### 1. GENERAL PROVISIONS

OKLAHOMA OPEN RECORDSACT

CurrentthroughChapter9 of

### 2000 1st

### Ex. Sess. 

### 24A.20. Records in litigation orinvestigationfile--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 anotherpublic 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 11.



### Copyright (c) 

### West Group 2001 No claim to original U.S. GO~. works

### OK ST T. 51 

### # 24A.25, 

### Order ofcourt for removal of materials frompublic record Page 1



### OKLAHOMA STATUTESANNOTATED TITLE 51. OFFICERS CHAPTER 1. GENERALPROVISIONS

OKLAHOMA OPEN RECORDS ACT Current through Chapter9 

### of2000 1st

### Ex. Sess. tj 

### 24A.25. Order of court for removal ofmaterialsfrom public record Any order of the court for removal of materials from 

### the public record shall require compliance with the provisions ofparagraphs 

### 2 through 

### 7 of subsection 

### C of Section 

### 3226 ofTitle 

### 12ofthe Oklahoma Statutes.

2001 

### Electronic Update
Added by Laws 2000, c. 172,

### J 4, efl Nov. 1,2000. 

### <General Materials (GM) 

# - References, Annotations, or Tables>

Copyright (c) West Group 2001 

### No claim to original U.S. Govt. works

# 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 differencebetween APM ROS and in how the 

### Air Quality Division (AQD) ofthe 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 ofEnvironmental Quality 

## Administrative ProceduresManual



## PARTI. 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 shouldbe 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 stringentthan 

## a similar federal rule, unless state law specifically authorizes a more stringentrule.

sCc Standardsset by theAmerican Societyof TestingMaterials
a Standards set by theAmricanWater Works Authority


### # 

## R05 Rulemaking Page 1 of 20 Rev. 12-09-99 

# 79

## DepartmentofEnvironmental Quality Administrative ProceduresManual Before proposing any rule that exceeds federal specificationswithout 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 significantlychanges currentrequirementsor 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 distributionto 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/orthe Executive Director. BACKGROUND: The Administrative Procedures Act (APA) mandates public notice be given when proposing rules for adoptionby 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 shouldprovidethe legal citation. The APA requires this information in the Notice:

a 

## In simple language, a brief summary of the rule;

a 

## The proposed actionbeing taken;

a 

## The circumstanceswhich createdthe need for the rule;

a 

## The specific legal authority authorizingthe 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 ofEnvironmental Quality Administrative ProceduresManual 

# - construction, labor, professional services, revenue loss, or other costs expectedto 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 OklahomaRegister is published on the 1stand 

## 15thof eachmonth 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 hustbe submittedto 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 submitit 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 forpublication.

,+ 

## 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 describethe process used in preparing and 

## submitting Rule Impact Statements (RIS) and Economic ImpactJEnvironmentalBenefit 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 submittedto the Governor and the Legislature. Rule Impact Statement (RIS): 

## The APA requires that agencies issue a RIS within 15days after the date of publication of the Notice in the Oklahoma Register. However, ifthe 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 informationbe includedin the RIS, as follows:
# 

## R05 Rulemaking Page 3

## of 20 Rev. 12-09-99 

# 76

## DepartmentofEnvironmentalQuality Administrative ProceduresManual

a brief descriptionof 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 ofpersons who will benefit fromthe 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 separatejustification 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 enforcemedto'f the proposed rule, and any anticipatedeffecton state revenues including a projected net loss or gain in such revenues if 

## it canbe 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 ifmodified, 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 10days 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 10days 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 rightto 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 consumergroups, business entities and political subdivisions.

# 

## R05 Rulemaking Page 4 

## of 20 Rev. 12-09-99

## Department ofEnvironmental Quality AdministrativeProceduresManual

#--. 

## 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 

## ProceduresAct; (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, inhard copy and ondisk. ContactPerson. 

## Within 15 days after the Notice is 

## published, the 

## contactperson 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 arepart of the official rulemaking record of the agency and shouldbe 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 

## allpersons or entities who have requested advance notice of rulemakingprocedures. BACKGROUND: 

## The Administrative Procedures Act (APA) requires agenciesto 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 OklahomaRegister. PROCEDURE: Maintainingthe 

## 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

,- 

## officialrulemaking record of the agency and 

## should be Ned 

## in accordance with this AP.

# 

## R05 Rulemaking Page 5 of 20 Rev. 12-09-99 

# ??

## DepartmentofEnvironmental Quality Administrative Procedures Manual PART 

## V. SUBJECT: PUBLIC COMMENTPERIOD ONPROPOSED 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-allinterested 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 

# MArequires 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 commentand 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/ENVIRON

## MENTAL 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 otherdocuments) 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

## DepartmentofEnvironmental Quality AdministrativeProcedures 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 staffknow 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 

## 15thof each month or the first workday after. The EIEBS must be 

## issued within 15days 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 "PreparingRule Impact Documents" on page 3. 

## Receiving ,publiccomments: 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 andbriefly answering each one. 

## Official rulemaking 

## record. The EIEBS, public comments and DEQ response are part of the official rulemakingrecord of the agency and shouldbe 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 Councilmeetings. 

## 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 EnvironmentalQuality 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 Councilmeetings.

FC 

## Council meeting. During the Council meeting, the Division Director or designee is responsible forpresenting the proposed rule to the Council.

# 

## R05 Rulemaking Page 7

## of 20 Rev. 12-09-99

### Department ofEnvironmental Quality 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 specifiedpublic 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"mewwritten formal advice given by a Council t~the Board regarding the proposed adoptionof new or amended rules or the repeal of existing rules. See OAC 252:003-1-2.

Shouldthe 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 ofwhat was publishedin the Notice? Two, did the Notice fairly a rise interested persons of the changes in the subjectand &e issues? 1feiieer answeris "no". then the Notice should be republished. 

# Jb5 Rulemaking Page 8 

### of 20 Rev. 12-09-99

### Department ofEnvironmental Quality Administrative Procedures Manual


## Briefing Papers. The rule number must appear on each of the following documents: 

## Executive 

## Summary. In less 

## thanone page, the Division shouldbriefly 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 areparallel federal rules, explaininghow the state rule is differentfiom 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 

### 14calendar 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 Officerulemaking file; and (3) 30 copies ofjust the Preamble and Rules Text for the Agency Executive Secretaryto hand out atthe 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 includedin the Executive 

### Summary. # 

### R05 Rulemaking Page 9 of 20 Rev. 12-09-99

## Department ofEnvironmentalQuality Administrative ProceduresManual considered at least 10days before the regularly scheduled meeting. The EIEBS is also a part of this Board packet. The Agency Executive Secretarymails 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 gubernatorialand legislativereview 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 10days after the rule is adopted by the Board. Ifthe 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 AdministrativeRule 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 disapprovingthem byjoint resolution or concurrentresolutionprior 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 failureto 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 withinthe 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 10of 20 Rev. 12-09-99

## Department ofEnvironmental Quality Administrative ProceduresManual 

# - 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 Speakerof the House of Representatives and the President Pro Tempore of the Senate. The APA requires that the Rule Reportmust 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 citationto the,statutoryauthority 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 effectivedate 

## 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 Senaterule review committee. The Environmental Quality Act adds the EIEBS to the rules reportunder certainconditions. 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.

Forpermanent rules, see 74 O.S. Supp. 1999, 83117,and for emergency rules, see 75 O.S. Supp. 1999,5253.


### # 

## R05 Rulemaking Page 11 

## of 

## 20 Rev. 12-09-99

### Department of Environmental Quality Administrative Procedures

### Manual PART 

## X. SUBJECT:OFFICIAL RULEMAKING RECORD OBJECTIVE: To describe the processused 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 forjudicial review. The record and all materials incorporatedby 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 presentationsmade in the proceeding upon which the rule is based, or, if not transcribed, any tape recording or stenographic record of those presentations, and any memorandumprepared 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 exceptionsto, amendments of, or repeal or suspension of, the rule; a copy of the FUS; 

### and other information concerning the rule as may be determinednecessary 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 maintainthe officialrulemaking 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 rulemakinghearing held before a Council where the proposed nde was discussed or recommended tathe Board for adoptionand each Board meeting where the nde was discussed or adopted.


### # 

### R05 Rulemaking Page 

### 12of 20 Rev. 12-09-99

### Department of Environmental Quality Administrative Procedures Manual [NOTICEOFRULEMAKINGINTENT]
TITLE252. DEPARTMENT OFENVIRONMENTAL QUALITY CHAPTER530. SOLID WASTEMANAGEMENT [NEW]
INTENDEDRULEMAKINGACTION: Notice of proposed PERMANENTRulemaking PROPOSED 

### RULES: Chapter 530. SolidWaste 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 subchaptershave been created. Many rules have been simplifiedandlorbroken 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 ifall landfillshave met the requirement. A "summaryof changes" documentis availablefiom the DEQ upon request. AUTHORITY: Environmental Quality Board powers and duties, 27A O.S. 

## 5 2-2-101; and the Oklahoma Solid Waste ManagementAct, 27A O.S. 

## 5 2-10-101 etseq. 

### COMMENT PERIOD: Deliveror mail commentsto the contactperson fiom September 15through 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, ata locationto be 

### announced. REQUESTFOR COMMENTSFROMBUSINESS 

## ENTITIES: The DEQ requests that business entities affectedby 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 costsexpectedto be incurred by a particular entity due to compliance withthe proposed rule. COPYOF PROPOSED

### RULE: The proposed rule may be may be obtained from 

### the contact person and reviewed at the DepartmentofEnvironmentalQuality, 707 N. Robinson, Oklahoma City, Oklahoma, 73102. RULE IMPACT STATEMENT: The rule impact statement for the proposed rule will be on file atthe DepartmentofEnvironmental Quality, 707N. Robinson, OklahomaCity, Oklahoma and may be

### requestedfrom the contactperson. 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 73101 

# -1677. ADDITIONAL INFORMATION: Persons with disabilities who desireto attend the rulemaking hearing and need an accommodation shouldnotify the contactperson three days in advanceofthehearing, TDDRelay Number 1-800-522-8506.



### # R05 Rulemaking Page 

### 13of 20 Rev. 12-09-99

### Department ofEnvironmental

## Quality AdministrativeProcedures Manual

[RULEIMPACT STATEMENT]
TITLE252. DEPARTMENT OFENVIRONMENTAL QUALITY CHAPTER410. RADIATIONMANAGEMENT [NEW1 RULE IMPACT STATEMENT 

### DESCRIPTION: This rule was originally OAC 252:400; the rules were substantially rewritten and reorganized through the rerightldewrongprocess. This rulemaking also supports Oklahoma's applicationto the Nuclear Regulatory Commission 

### (NRC) for State Agreement statuswhich will, on

## NRC approval, shift regulation of certain Source, byproduct and special nuclear material fromthe

## NRC to the DEQ. Further, the proposed rules include National Emission Standards for Hazardous Air Pollutants (NESHAP)for radionuclideswhich will be delegated to the DEQ by the USEPA. The purpose ofthis Chapter is to ensure radiation management activities conducted within the jurisdiction of the DEQ are protective of health, safety, propertyand 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 approvedby the Governorand the legislatureas 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 therenumbering effort. The Notice only appliesto the re-numbering oftherule. 

### 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.lapply to any person to the extent such person's activity is subjectto regulationunder a specific license issued by the U.S. Nuclear Regulatory Commissionoras a diagnosticx-ray facility by the Oklahoma StateDepartment 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 ofradiation; provided, however, that nothing inthis Chapter shallapply 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 FROMPIUVATEYPUBLICEms: None received as of this date. 

### CLASSES OF PERSONS BENEFITTED: All citizens of Oklahoma and regulated entities. State agreement licensees will have better accessto the stateregulatory entity and fasterresponsewhen they need to obtain,renew or amend a radioactive materials license than was availablefrom the

### NRC. Thepermitting and registration requirements for current DEQ radiation managementpermittees have been standardizedfor greaterconsistency between programs.



### # 

### R05 Rulemaking Page 14of 20 Rev. 12-09-99

### DepartmentofEnvironmental Quality Administrative Procedures Manual

P- 

### PROBABLE ECONOMIC IMPACT ON AFFECTED CLASSES OFPERSONS: 

### Minimal increasein administrative costs. Persons constructing new facilities or adding new x-ray machines or acceleratorsto be used for therapeutic purposes will need to obtain a no-fee permit before installation of new machines. Industrial and analyticalx-ray machine permittees will need to have a written radiation safetyprogram. All DEQ radiation management permittees will need to have shielding calculations and designs approved by DEQ before constructing anew shielded room or vault.
There should be no impact on agreement state licensees since the technical regulations that apply to agreement state 

### licensees arethe same as

### those currently in effectunder federal jurisdiction.
PROBABLE ECOWOMIC IMPACT ON POLITICAL SUBDIVISIONS: 

### Minimal. There may be some increased administrative costs to hospitalsowned 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 ofnew radiationmachines used for therapeuticpurposes. 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 areanticipated.

F 

### SOURCE OF REVENUE TO BE USED TO IMPLEMENT 

## AND ENFORCE RULE: 

### License and permit fees and appropriated funds.
PROJECTED NET LOSS OR GAIN 

### INREVENUES 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 subdivisionshave licensesto possess radioactivematerial and will be regulated by the state under Subchapter 

### 10of 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 ano-fee permit fornew machines.
EXPLANATION OF 

## TRE MEASURES 

## TAE DEQ TOOK TO MINIMIZE COMPLIANCE COSTS: 

### During the re-righttde-wrongreview the permitting and registration process was standardized acrossdifferentprogram areas to ease administrativeburden onpermittees. The additional requirements for persons using radiation machinesfortherapeuticpurposes were intendedto conformwith accepted standard practices already in place at most therapy facilities. Federal regulations were adopted by reference sothat the resulting state ruleswould require littleor 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



### # 

### R05 Rulemaking Page 15of 20 Rev. 12-09-99

### Department ofEnvironmental Quality Administrative Procedures

## Manual DETERMDTATION OF 

### THE EFFECT ON PUBLIC HEALTH, SAFETYAND ENVIRONMENT: Ability ofDEQto review the design ofnew therapy machines before they 

### are installedby requiring a nonfeepermit could prevent an increase in risk to patients and workers caused by designrequirements 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 levelsofradiation that might have occurred iferrorswere made in shielding calculations.


### IF

## TMEPROPOSED 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

### WILLREDUCE

### 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 environmentwould 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 ableto attain agreement status with the Nuclear Regulatory Commission nor would Oklahoma DEQ be able to obtain delegation of the Radionuclide 

### NESHAP fiom the EnvironmentalProtection 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 QUANTIFIABLEDATA WHERE POSSIBLE: Qualitative impact: 

### a. Removes outmoded and sometimes conflicting requirements from radiation safety and protection programs. b. Clarifiesrequirements. c. Simplifiescompliance. Quantitative impact: 

### Costs of compliance are not expected to be significantly different because most companiesare already in compliancewith updated requirements.

RULE IMPACT STATEMENT WAS PREPARED ON: September9,1999



### # R05 Rulemaking Page 

### 16

### of 20 Rev. 12-09-99

## Department ofEnvironmental 

## Quality Administrative Procedures 

## Manual [ECONOMICIMPACT/ENVIRONMENTALBENEF'ITSTATEMENT]

OKLAEIOMADEPARTMENT OFENVIRONMENTALQUALITY 252530 

### SOLIDWASTE MANAGEMENTRULES ECONOMIC IMPACT 1

### ENVIRONMENTALBENEF'IT STATEMENT MORE STRINGENT RULE: The proposed state rule is more stringent than its corresponding federal rule in the followingway: 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 definitionof "household waste" is any garbage, trash, yard waste or sanitary waste generatedby persons from their residences. RATIONALE: Thereason forthe 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. See27A O.S. 52- 10-301(B). ENVIRONMENTALBENEFIT:

PL 

### Minimizes uncontrolled disposal of solid waste by clarifyingwhat constitutes householdwaste for purposes ofthe 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 onthe general public. There isonly a slight adverse impact on the regulated community to the extent that any entitiesidentified above may have read the statutoryexemption more broadly than that reflected in this action andthus have avoided costs for disposal ortreatment at permitted siteor facilities.

Notice of proposed rulemaking was published on September 15, 1999. This statement was prepared on August27,1999.



### # R05 Rulemaking Page 

## 17of 20 Rev. 12-09-99 

# 4 C?
3

## DepartmentofEnvironmental Quality Administrative Procedures

## Manual [EXECUTIVESUMMARY] Chapter 100,

### AirPollution Control Rules SUBCHAPTER8. 

### 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 establishan acid rain program to reducethe adverse effectsofacidicdeposition.In orderto 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

### FROMANALOGOUS FEDERALRULES:
There are no differences since this rule incorporates by reference the federal rule regarding acid rain permitting. ENVIRONMENTAL BENEFIT STATEMENT:
Theserules arenot more stringentthan correspondingfederalrules. SUMMARY OFCOMMENTSAND 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 commentswere received from any smaller utilities, power generators, orpotential sources. Response: Staffagrees. Oklahoma must pass thisrule to retain Title

### V approval statusand avoid sanctions.
Comment: Affected electric utilities will be required to submit dual forms unless the StateofOklahoma or EPA allows a change 

### in the reportingmethod. Response: Staff agrees it is redundant to force New Source Performance Standards monitoring and reporting requirements in caseswhich are in conflictwith acid rain requirements. Staffhas written a letterto 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: Thisrule could not address this issue. Allowances were set by federal regulation and law.



## Page 18

## of 20 

## Rev. 12-09-99

### Department ofEnvironmental 

### Quality Administrative Procedures

## Manual
[RESPONSE TOCOMMENTS]
OKLAHOMA DEPARTMENT OFENVIRONMENTAL

### QUALITY CHAPTER610

# -GENERALWATER 

### QUALITYRULES

RESPONSIVENESS SUMMARY, NOVEMBER 1993 

### Responseto comments ofthe

### 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, itwas deleted in responseto thecomment. 

### 2. 252:6 10-3-4. Comment: This language dealing with application requirements for 

### 401 certifications is not consistent with past practice orEPA regulations in 

### 40 CFR 

### 122.11relating to certificationsofNPDES permits. Response: Discussion with commentorand review ofNPDES 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 ofthe discharger, not the federal agency, to apply for a 

### 401 certification, and declinesto always make such a requirement ofthe federal agencyto 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 certificationon behalf ofthe applicant for a federal permit. The Department, however, retains the rightto require additionalinformation and payment of fees for the certification servicesfrom the applicant. Responseto comments of theABC Federation, stated in October 

### 1993:
3. 252:610-3-6. Basis and contentofcertifications Comment: Discharge permits have not traditionallybeen subjectto all ofthe types of conditionslisted in the examples Response: Language has been added which clarifies that these examples generally pertain to certifications for othertypes of federal permits and that conditionsin certificationsforNPDES permitswill 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 topossible enforcement action is inappropriate. Response: Thisreference 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 ensuresthat such state requirements are also met through insertion of appropriate conditions in the federal permit.
P-



### # R05 Rulemaking Page 

### 19of 20 Rev. 12-09-99

### Department ofEnvironmental Quality Administrative ProceduresManual THE WATER QUALITYMANAGEMENTADVISORY COUNCIL RULEMAKINGRECOMMENDATION TO 

### THE ENVIRONMENTAL QUALITY BOARD
Identification ofProposed Rulemaking: Chapter Number and Title: OAC:
On the members of this Council, by authorityvested in them by the Oklahoma Environmental Quality Code (27 O.S. Sec. 2-2-201), by roll callvote, recommended to the Environmental Quality Board that the rulemakingdescribed abovebe adopted as:

I 

### permanent [take effect after legislativereview] emergency [temporary, to take effectupon approval by the Governorbecause oftime]

This Council has considered the proposed rulemaking and comments about it and determined, to the best of its knowledge, that all applicable requirements ofthe OklahomaAdministrative Procedures Act have been followed.
This council authorizes the Departmenttoprepare this recommendedrulemaking for the Board, making any changes approved by the Council, correctingtypographical, grammatical and reference errors, and formattingthem 

### as required by the Office ofAdministrativeRules. This is to be donewith the understanding that such changes shall neither alter the sense ofwhat this Councilrecommends nor invalidatethis 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 rulesare published in The OklahomaAdministrative Codeand 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]

Effectiveas 

## of 

## July 1,

## 2001

## TITLE 655. SECRETARY OF 

## STATE CHAPTER 10. 

## ADMINISTRATIVE RULES ON 

## RULEMAKING

BeginningSection No.



## .................................. Subchapter 1. General Provisions 655: 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 11. 

### Submissionsto 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- 11-1



## ............................... 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 theAdministrativeRules 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) 521-4911 (405) 522-3555 (fax)

### SUBCHAPTER 1. 

### GENERAL PROVISIONS Purpose

. Defmitions Statutorycitations 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 ThisChapterestablishesprocedures and standards for filing and publishing rules, rulemaking notices, and executive orders in The Oklahoma Register and The Oklahoma Administrative Code as authorized under theprovisions 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 toterms defined in 75O.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 250et seq. "ARRn means the Administrative Rules on Rulemaking, OAC 655:lO. "Agency" meansanyconsCitutionahyorstatutorilycreatedstate 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 oficerthereof. [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 atthe end of a Chapter. [See 65510-3-37] "Attestation" means certification by an agency as to the correctness

### ofcopies 

### ofany rule



### . .

## .and that such rules were made and adopted if the rules are emergency [or preemptive] rules orfmally 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 divisionof the OAC which designates a broad area of regulatory control within an agency's Title. [Seealso 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 75O.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. "Docketnurnbe?' means the identificationnumber assigned to a document upon its receipt in theOAR. [See 655:10-1 5-4 (relating to docket numbers)] ''Document" means thetotal 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 thetwo-part heading required at the beginning of each notice document

UNOFFICIAL 7/1/01or rule document submitted to the OAR. [See 655: 10-7-3(relating to document headings)] "Emergencyrule"means a "rule," as defined in the APA, which must be approved by the Governor under the special provisions of75 O.S., Section 253 prior to promulgation of the rule. "Enactingclause"means the portion of a rule document which proclaims the agency's rulemaking action and introducesregulatory text. [See 655: 10-7-13(relating to enacting clauses)] "Existingrulen means an effective rule. "Graphics" meanstabular material,forms, illustrations, diagrams, maps, charts, graphs, figures, or other pictorial material. [See655:lO-3-37 (relatingto graphics and appendices)] 'localproject funding contract"means 

### anagreementbetween a state agency and either a localgovernment orprivate entity, or both, in which the

### stateagencyagrees 

### to providefunding to the localgovernment orprivate entity who agrees to accomplish apublic purpose. In addition, the direct benefits ofsuch a contract accrueprimarily to the local population rather than 

### the state 

### as a whole. Local projectfunding 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. [Seealso definition of "Code" in this Section] "OACnumber"means a Title. Chapter, Subchapter, Part, or Section number, or Appendix letter designation. "OAR" means the Office of Administrative Rules. [See also definition of "Officeof Administrative Rules" in this Section] "OfficeofAdministrativeRules"meansthe office, created pursuant to 75 O.S., Section 250.9 within the Officeof the Secretary of State. with the

### primary responsibilityforpublishing "TheOklahoma Register"and the "Oklahoma Administrative Code" and otherwise implementing theprovisions ofArticle I oftheAdministrative ProceduresAct [75:250.9]. [Seealso 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 (relatingto 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 (relatingto Part numbers and headings)] 'Permanentrule" means a "rule," asdefined in theAPA, which must be reviewed by the Governor and theLegislaturepursuant to75O.S.,Sections303.1, 303.2, and 308prior topromulgation of the rule. [See also 655: 10-7-10 (relatingto types of rules)] "Preambl$'means the portion of a rule document that summarizes the rule(s) and the history of the rulemakingaction,citeslegal authority, and functions

### as a preface to the rule(s). [See655:10-7-1 1 (relating to preambles)] "Preemptiverule"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 topromulgation of the rule. "Proposedrule"means an emergency or preemptive rule prior to approval by the Governor, or a 

# - permanent rule prior to final adoption [see75:250.3(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, successorpublication 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" meansthe repeal of anexisting 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)]. "Ruledocument"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. "Rulemakingaction"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 ofrulemaking 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"meansthe board, commission,officer,or otherperson 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)] "Sectionsubdivision"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. "Sourcenote"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 SectionIAppendixsource 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" meansthe third levelof 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 toSection subdivisions)] 'Subunit" meansthe fifth level of subdivision within a Section. A subunit is a subdivision of a unit in

UNOFFICIAL 7/1/01 

### 4a Section; it is the smallest possible subdivision of a Section. [See 655:lO-3-25 (relating to Section subdivisions)] 'Title" meansthe broadestdivisiondf the OAC; a Title contains all rules of an agency. [See 655:10-3- 2 1 (relating to Title numbers and headings)] "Unit" meansthefourthlevel ofsubdivisionwithin a Section; a unit is a subdivision of a subparagraph in a Section. [See 655:10-3-25(relatingto 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 officersor employees, persons to serve in the followingcapacities. The sameperson 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 officeris 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) Coordinationofdocuments; verification. Theagencyliaison officer shall act 

### as liaison between the agencyand the OAR in all mattersconcerning 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) Proofofpublication. 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. Therulemakingentityshall report the appointment of agency representatives in writing 

## + to theOAR. Notification mustinclude the representative's name, title, office address, and office telephone

UNOFFICIAL 7/1/01 

### 5number. When a new representativeis appointed, the rulemaking entity must report the name of the new representativein writingto the OAR within 30days after such appointment. Provided, the OAR shall not accept a rule document forRegister 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. Thelast day of theperiod socomputedshall be included, unless it is not a working day, in which event theperiod runs until the end of the next day which is a working day. For example, ifa document is submittedon Mohday,the first day of the OAR'Ssix-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 followingforms 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. ReservingOAC 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 RENUMBEREDTO 655:10-5- 12.I.] 655: 10-3-50. External cross references [REVOKED] 655:10-3-51. Recodification [RESERVED] 655:10-3-52. Agency publications 655: 10-3-53. Maintenance of codified rules; fdingson 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 

### 7PART 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 tothe 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 specificallynoted. the rules of this Subchapter apply to permanent, emergency. and preemptive rules.'
655:lO-3-2. First OAC; "dateof codification";rulemaking actions before publication offirst 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 thefirst 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) appearsas 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-3-23tthrough 655:10-3-24.1and 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 identifiesan administrative agency, except for Title 1which 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 tothe 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 Sectionis considered to be a single "rule." [SeePart 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 considersto be regulatory text (i.e., text requiring promulgation). Each Appendix is considered to be a single "rule."
655:10-3-11. 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: 10-3-21. Title numbers and headings (a). Titlenumbers. 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) Titleheadings. 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 headingas describedin (b) ofthis Section. This information is typed in uppercase letters, bolded, and centered. (2) No punctuation followsthe Title heading. (3) Thefollowingis anexampleof a Title number and heading: TITLE 310. OKLAHOMA STATE DEPARTMENT OF HEALTH (d) Assignment. Title numbersand headingsare assigned by the OAR, in compliance with the Secretary's codification scheme. Acurrentlist of assignedTitles shallbe maintained by the OAR and published in each issueofthe 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 theagency's~1eInaking authority. as described in 655: 10-3- lO(2). Chapters 1through 9 of each Title are

### used onlyforrules required by 75 O.S., Sections302.305,and 307. [See 655: 10-5-7(relating to "required rules"): see also 655: 10-3-27 (relating to gapping numbers)] (b) Chapterheadings. 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 followsthe 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. andtheSubchapterheadingas describedin (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) Nopunctuation 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 numberis a uniquenumber 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 1is 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

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### 10consists 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 atthe 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 ofprovisions 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 textbeginswith an "impliedsubsection (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)")] Subsectionsand 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 topublication in the Register and Code. Section numbers and taglines must be promulgatedaspart of theregulatorytext. Whenanagencyproposesa new Section, the agency must assign the Section a number which locatesit ina logicalplacein the Code, paying attention to its interrelationship with otherrules,and the degree towhich a particular placement will make the Section easier to find. [See also 655:lO-3-28 (relatingto 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 otherpictorial material) thatthe agency considers tobe 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 graphicitselfhas a heading,both thegraphic heading and the Appendix heading must be included, even if they are identical. (c) Format. Appendix letters and headings are formatted in regulatory text asfollows: (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) Thefollowing is an example of anAppendix letter and heading: APPENDIX S. RESTRICTED AREAS FOR APPLICATION OF HORMONE-TYPEPESTICIDES (d) Location; Appendix text. (1) All Appendices within a Chapter are placed atthe 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 topublication 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 subsectionis designatedby a lower-casedletter 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 subparagraphisdesignated by an upper-cased letter ofthe alphabet enclosed in parentheses [e.g.,(A). 

### (B), (C)1. 

## 0) Aunit is designatedby a lower-casedroman 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. Tabulationis 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 aieindented 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 ofthe 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)(relatingto "implied (a)")] (2) If a Section subdivision does not contain at least one complete sentence, or does not begin a sentencewhich 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 taglinesareused at a subdivision level,taglinesmust 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, asexemplified 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) Thefirst letter ofthefirstword ofthe 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) "ImpliedSubchapter 1". If a Chapter does not include Subchapters, the digit "1"is used as the

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### 12Subchapter 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 consideredan "implied(a)." As such, it shall not be designated as an (a),and the first enumeration underthe "implied (a)"shall be designated atthe paragraph level. For example, 655: 10-3-10 illustrates the use of an "implied (a)

### ."

655:lO-3-27.Gapping numbers Toallow 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 numbersassignedforthe 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." Chapternumbers within a Title are initially gapped by four beginning with the number 10 (i.e., 10, 15, 20, 25). [See 655:lO-5-7 (relatingto "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 tothis paragraph. (4) Sectionnumbers. Thefirst Sectionin 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 Sectionnumbersincrease with no gapping:except,if Parts are used, the first Section number of a new Part increases by atleast 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 Decimalpoint numberingmay 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 tocorrect a numbering gap that is: (A) not discoveredinrules priorto approvalby 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 orwithdrawal results in a gap in numbering not authorized under 655:10-3-27.

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### 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 Sectionis laterreplaced 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 promulgatedat 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 entireTitle 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

### iftheAppendixis replaced with anAppendix coveringthe same topic [see 655:10-5-3(a) (2) (relating to revocation andreenactment of Appendices)]. Theletter,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 beginsat the Sectionlevel. 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) PlacementofSections. 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 toregulatory text)]. Sections should be separated by one or two blank lines. (b) PlacementofSectiontext. Thetext of a Section, referred to as "Sectiontext,"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. Ifthe Sectionbegins with an "implied (a)" [see 655:10-3-261, the first line of text is indented approximately 114inch, 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 taglineis not used. For formattingsubsequent 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 designatedusing subdivisionnumbersiletters,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

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### 14subdivisions.


### 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. Agraphic shouldbe used onlywhen an agencydeemsit 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) Thearea'oftextforgraphics in Appendices may not exceed 7H inches by 10inches. 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) Graphicsin appendices. When anagencyfmds 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., "asset 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) Agraphic 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'scontentsconsist 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 graphicis included within a Section,the graphic must be preceded by appropriate introductorylanguage which explains its function and contents (e.g., "Thefollowing table sets forththe requirements for


## . . .:"). (B) Format. A graphictyped 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) Graphicsin Sections. When amending a graphic within a Section, the agency shall indicate the changes with strikeouts and underscoring. (B) Appendices. When amendinganAppendix,the agency shall amend the Appendix by revoking and reenactingthe Appendix as set forth in 655: 10-5-3(a) (2).

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### 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) Addinggraphicsto existingAppendices. When adding a new graphic to an existing Appendix,the agencyshall 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,theagencyshall amend the Appendix by revoking and reenacting the Appendix as set forth in 655:10-5-3(a)(2). (II) Revoking Appendices. Whenrevoking an Appendix, the agency shall type the word [REVOKED] approximately two spaces after the centered Appendix heading. Thetext 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 orreserved 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 [AMENDEDAND 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 Chapterbeginswith a Section called "Purpose"which contains a purpose statement. Purpose Sectionsmay 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 Chaptercontains Subchapters,theagency must prepare a purpose statement or statements for the Chapter pursuant to one of the following:

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### 16(I) Thefirst Sectionof the first Subchapter must be a purpose statement for the Chapter; provided,the first Subchapter mustconsist only ofprovisions 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 [RENUMBEREDTO 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 agencieshave brochures, handbooks, manuals, or other publications which contain their rules. Theserule texts are not official. The official rule text is the text as published in the Register and included .r" 

### in the Code [75:250.7and 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 setforth in 75:251 (A)(1).an agency must supply a complete set of current permanent rules to the OAR 

### insuchform as is required by the 

### Secretary.
PART 1 1. SUBMISSIONS TO FIRST CODE [REVOKED]
655: 10-3-60. Submissionprocedure; 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 ofcurrent rules [REVOKED]

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### 17

### 655:lO-3-69. Agency noncompliance; mandamus proceedings [REVOKED]

UNOFFICIAL 7/1/01SUBCHAPTER 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. "Requiredrules" 655: 10-5-8. Renumbering Sections and Appendiceswithin a Chapter 655: 10-5-9. Renumbering vs. recodification [RESERVED] 655: 10-5-10. Use df definitions 655: 10-5- 11. "Nochange"policy [REVOKED] 655: 10-5-12. Quoting and paraphrasingfrom legal instruments 655: 10-5-12.1. Cross references; "relatingto";ambiguous references 655:10-5-13.Amending. revoking, and adding graphicsand 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) Draftingand codification. Agenciesshall 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 SectionsandAppendices. Whenpreparing new Sections orAppendices, 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. Whenpreparing new Parts. Subchapters, and Chapters, agencies shall underscorethecentered 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) Ifreplacingdeleted text with new text, type new language following the language which it replaces.

UNOFFICIAL7/1/01 

### 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. Torevoke and reenact anAppendix, revoke the existingAppendix and simultaneously reenact a new Appendix (onthe 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 anAppendix, prepare pursuant to 655: 10-5-8. (b) Amended Part, Subchapter,Chapterheadings. 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) RevokedParts, Subchapters,Chapters. When preparing revoked Parts, Subchapters, and Chapters (i.e..the revocation of all Sectionsin thePart or Subchapter or all Sections and Appendices in the Chapter), agenciesshall type the centered Part, Subchapter, or Chapter number and heading, followed by the word [REVOKED],and then followed by therevoked Sectionsin that Part, Subchapter, or Chapter. Therevoked 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 emergencyamendmentis superseded by a permanent action or another emergency action which affects the same Section or Appendix, the later action must be preparedas anamendment 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 

### 20enactment 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 ofthe 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 ofsuperseding 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) Preamblestatement. Whentherules 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: 10-7-11(b)(5)]of the rule document. (d) Expired emergencyactions. 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 tothe Register publication of the emergency action.


### 655:lO-5-7. "Requiredrules" (a) "Requiredrules"defined. The APA requires every agency topromulgate certain organizational and procedural rules. These "required rules" include the following: (1) Rules which describe the organization 

### ofthe agency, stating the general course and method ofthe 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 informalprocedures available, including 

### a description of allforms and instructions issued by the agency for use by thepublic [75:302(A)(2)l. (3) Rules prescribingthe 

### fm forpetitions and theprocedurefor their submission, consideration, and disposition [75:305]. (4) Rulesprovidingfor theMing andpmmptdispasition

### of petitionsfor declaratory rulings as to the applicability of

any rule or order 

### ofthe agency [75:307]. 

### (b) Location;use. Chapters 1through 9 in a Title are reserved for "required rules." However, the agency is notrestricted 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 tomove a Section to an UNUSED Section number withinthe same Chapter or to move anAppendix 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 Appendicesis 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 tothe decimal point system in 655: 10- 3-28.

UNOFFICIAL 7/1/01 

### 2

### 1(2) If a Sectionor Appendixis moved to anotherChapter, it must be revoked in one rulemaking action and adopted as a new Section orAppendix 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 orAppendix: (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 thetext of the Chapter. The capitalized phrase "[RENUMBEREDTO (new Section orAppendix)]" follows the tagline or heading. The text of the Section being renumbered is stricken. Thecontents 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 theAppendix 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. Thetext of the Section being renumbered is stricken. The contents of the Appendix being renumbered is not stricken: and (B) Thenewly-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 atleast once in the remaining regulatory text of the applicable Chapter, Subchapter, Part, or Section. 

### (b) Substantiveprovisions 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: "Alcoholicbeverage"means beer, wine, or liquor. An owner of a business establishment serving alcoholic beverages shall obtain a license. (c) Formatofdefinitions 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 eachdefinitions Section with thefollowing language: "Thefollowing words and terms, when used in this (Chapter, Subchapter, Part), shall have the followingmeaning, unless the context clearly indicates otherwise:". If necessary, the introductory language may be supplemented with additional information such as "Inaddition to terms defined in 

### xxxx,the following 

### ...."

UNOFFICIAL7/1/01 

### 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 theleft 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 atthe subparagraph level [i.e., (A), (B), (C),etc.]


## . (d) Format of ~dction definitions. Section definitions (i.e.. definitionsthat 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 655:10-3-251and 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 [75:251(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 languagein 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 tothis 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 "thisPart,"or the full OAC citation. (2) Unnecessary terminology. (A) Because everySectionnumber is a unique numberin the Code, it is not necessary to follow the Section number with such words as "inthis Chapter," "in Chapter 10of this Title," "inPart 1 of Subchapter 3of 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) "Whenapplying (e) of this Section 

### ..." (3) Table ofinternal (OAC) citations. The table in Appendix Aof 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) Seriesofconsecutive Sections. When referring to a series of consecutive Sections, the first and last Sections in theseriesare joined with the word "through." "Et seq."is not used toreference a series of consecutive Sections in the Code. (b) External crossreferences. Rules frequentlyrefer to otherprimary sources of law. These external cross 

### .c references should be formatted in a stylerecognized 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 requiresthat



### . 

## . ."must be revised to read "Title75 of the Oklahoma Statutes requires that



### . 

## . ."or "75 O.S. requires that.



### . ." (3) O.S. Sectionsvs OAC Sections. ReferencestoSectionsin 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 abbreviatedformat,which citesthe Title number and Section number separated by a colon, may be used in bracketed citeswhich 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 Titlein the Code,thephrase "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 amendmentreferences. Whenreferringtoanotherrule or statute, terms such 

### as "as amended or 

### "asamended 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". Atagline consistsof 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 briefand 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 toserve 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'staglinereads "Due date for taxes," do not begin the Section's text with "Theyare 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 1years of age or older, and


## . . .." Instead, repeat the subject of the tagline as follows: "To be eligible for licensurebythe Board as an electrician, each applicant must be: (1) 2 1years 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) Lengthystandards. When imposingstandardsof recognizedorganizations and technical societies.

UNOFFICIAL 7/1/01 

### 24or state or federal agencies, the preferred method is to rewrite the standards as part of the rule. However,if the standard is lengthy. 

### inorder to avoid unnecessaryexpense,anagency may 

### ... incorporat[e] the standards



### ... in 

### itsrules



### ... byreference



## ... without reproducing the standards 

### Infull [75:251(D)]



### . Theagency rule which incorporates the standards shall identify 

### the specificissue or issues ofpublications in 

### which the standards are published [75:251(D)]



### . (2) Textnot 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 ofthe

### agency. [75:25 1(D)] The agency shall cite the hours when and the place where thestandards are available to the public for examination. Such citation shall appear in the preamble [see 655:107111(b) 

### (6)l.A copy ofsuch standards shall be 

### kept and maintained bythe agencypursuant to the provisions ofthe Preservation ofEssential RecordsAct. [75: 251(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. EffectiveSeptember 1, 1998,the use of footnotesin Sections is prohibited. Footnotes used in rules prior to September 1, 1998are 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. Agenciesshall 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 misleadthe 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 specificallyapproved by the OAR. (B) Agency Notes are used to clarify or identify something unique or unusual about a specific rulemaking ACTIONrather than therule 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 promulgatedintherule 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) Beginningat the left margin and two single spaces below the last line of the Section orAppendix. type "Agency Note:", followed by the necessary information. (2) When anAgency 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 

### 25is stated in the preamble and the enacting clause of a rule document.
655:lO-5-19. Acronyms 

### and abbreviations (a) Acronymsmust 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'stext. [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 (forFahrenheit) and C (forCelsius),are acceptable because of their widespread use.
655:lO-5-20. Enumerations; parallel structure; "floating" text [REVOKED]

UNOFFICIAL 7/1/01SUBCHAPTER 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 submissionfor gubernatorial and legislativereview 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. MISCELLANEOUSDOCUMENTS 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) Rulemakingdocuments. 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 theRegister 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 Whenpreparingrules and documentsthat 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 intothe OAR'Sdatabases. Ifan 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 11inches. 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 atone inch. Set bottom margin at .5 inch (toallow for page numbering, as described in 655:10-7-4). (E) Set the font sizeto 11 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) Underscoringis reservedfor the purposeof 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 somemethod other thanunderscoringor italicization to identify the title, such as capitalization or quotation marks. (B) Strikeoutsarereserved forthe purposeof showingdeleted 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. Donot italicize letters, numbers, words, or symbols except as expressly reservedby 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 ofthe 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 anyportion of the document except: (i) the signature or signatures and date required on attestations: (ii) the signature and date required on a transmittal sheet [see655: 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)Donot turn on linehyphenation. Donot 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 tothe database and published in the Register and Code. 

### (M) Do not center text within Sections, preambles, notice documents, or local project funding contractannouncements. The centering is not retained (except in Appendices) when a document is moved tothe 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) Donot 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 specificallyrequiredin this Chapter. If used (other than in Appendices), the extra spacing will not be retained when the document is moved toand 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 dotleaderswill not be retained when moved to and published in the Register and Code. 

## O Donot 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) IdentificationofTitle. Onthefirst 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

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### 29is 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 inuppercase 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 atthe 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 "LIAISONVERIFICATION:",include the following signed statement: "I verify that I have reviewed the attached document and that it substantially conforms tofiling 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

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### 3

### 0(a) Types of rules and rule documents. A rule document contains either permanent, emergency, or preemptive rules. (1) Apermanent rule document contains finally adopted permanent rules. (2) An emergency rule document contains adopted emergency rules. (3) Apreemptive rule document contains adopted preemptive rules. 

### (b) Rule documentcomponents. A rule documentconsistsof the following components, in the following order: (1) Document heading [see 655:10-7-31. (2) Preamble [see655: 10-7- 111. (3) Summary of the rules (ifrules are too lengthy to publish in the Register) [see 655: 10-7-121. (4) ~nacting' clause [see655:10-7-131. (5) Regulatory text [see655:10-7-141. (6) Supplemental information (ifapplicable) [see655: 10-7-151. (7) Attestation [see655:10-7-161. (c) Rule document scope. See 655:10-7-5 1 for information about the scope of a rule document. (d) Transmittalsheet. 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 [see655:10-7-31, followed by a preamble prepared pursuant to this Section. The preamble is followed by the enactingclause [see65510-7-13]; except, if the text of the rules exceeds 75pages, 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. Thepreamble 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 atthe 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 "PERMANENTfinal adoption." (B) If emergency rules, type "EMERGENCYadoption." (C) If preemptive rules, type "PREEMPTIVEadoption." (2) Rules. Underthebolded heading "RULES:", identify adopted rules (if emergency or preemptive) or finally adopted rules (ifpermanent) pursuant tothe following: (A) Less than 30 SectionsIAppendicesaffected. If less than 30 Sections and/or Appendices are added, amended, revoked, renumbered, andlor reserved: (i) cite each Sectionand Appendix,followed by the word [NEW],[AMENDED],[REVOKED],

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### 3 1[RENUMBERED], [AMENDEDAND 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 

## - 10and 10:1 0-1 - 11 [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 beingamended,identifythe changes using strikeouts and underscoring as described in 6.5510-5-3(b). (B) 30 

### or more SectionsIAppendices affected. If 30or more Sections and/or Appendices are added, amended, revoked, renumbered. and/or reserved: (i) cite the Chapternumber 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 anexistingChapter 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 statuteor other legalinstrument which authorizes the rules. Do not cite APA statuteswhich authorizerulemakingprocedures except when promulgating "required rules" pursuant to 655:10-5-7. (4) 

### Dates. Under thebolded heading 

### "DATES:", identify each of the following dates which apply to the rulemaking action. (A) 

### Comment period. Under the bolded subheading 

### "Commentperiod:",cite one of the following: (i) 

### Permanent rules. Iftherules are permanent rules, cite thebeginning 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 oneof 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 hearingwas announced in a publishedNotice 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.

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### 32(D) 

### Submitted to Governor. (i) 

### Permanent rules. If the rules are permanent rules, under the bolded subheading 

### "Submitted to Governor:", citethedate thepermanent rules were submitted tothe 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:", citethe datethe permanent rules weresubmitted tothe President Pro Tempore of the Senate forreview. (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,underthe bolded subheading 

### "Gubernatorialapproval:", 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],underthebolded 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)." [see75:303.2(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 ofjoint or concurrent resolution approving the permanent rule(s)] by [number ofjoint or concurrent resolution]." or 01) "Failure of the Legislature to disapprovetherule(s)resulted in approval on (date): [see 75:308(E)],or 011) "Approved [effectivedateof joint orconcurrent resolution waiving Legislature'sreview period] by [number ofjoint or concurrent resolution], waiving the Legislature's thirty legislative-dayreview period" [see75:308(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.

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### 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 "tendays 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 dovemorhas already approved the rules, type "Immediately upon Governor's approval or (specific date),whichever is later": or (III) Ifthe emergencyrules 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 ruleswill be effective on a specific date that followsthe 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 emergencyis rulesare in effect on thefirstday 

### ofthe 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 "Effectivethrough 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 "SUPERSEDEDEMERGENCY ACTIONS:", cite one of the following: (i) Rules that doNOT supersedeemergency 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 supersedeanemergencyaction, 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], [AMENDEDAND RENUMBERED], or [RESERVED]. (11) Gubernatorial approval. Under thebolded subheading "Gubernatorialapproval:",

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### 34cite the date the superseded emergency rules were approved by the Governor. (111) Register publication. Under the bolded subheading "Registerpublication:", includethe full citationtotheRegisterpublication of the superseded emergency rules. [see 655: 10-15-6 (relatingto citingthe 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) Ifa Section orAppendixwas added,revoked,amended, reserved, or renumbered by emergency rulemakingand will not be supersededby a permanent orpreemptive 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 doNOT incorporateby reference. If the rules do not incorporate any standards or rules by reference, type "nla." [See 75:25 1 (D) and 655: 10-5-15relating 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 "Incorporatedstandards:", identify the incorporated standards by the proper title, edition, volume number, date, etc. (i) Incorporating rules. Under the bolded subheading "Incorporatingrules:", identify the Section(s) or Appendix(ces) which incorporates the standards by reference. (iii) Availability. Under thebolded subheading "Availability:", cite the hours when and the place where the standards are 

### readily available to thepublic for examination at the administrative offics oftheagency [75:251(D)]. (7) Finding of emergency. (A) Emergencyrules. If therulesare emergency rules, under the bolded heading "FINDINGOF EMERGENCY:", describethe

### imminentperil.



### . .to thepreservation ofthepublic health,safety,or welfare, or. 

## . .compeUingpublicinterest [75:253(A)]which necessitatesthepromulgation of the emergency rule. (B) Permanent,preemptive rules. If therulesare permanent or preemptive rules, do not include the heading or information described in this paragraph. (8) 

### Analysis. Under the bolded heading "ANALYSIS:", 

### prepare, inplain language, an analysis of new or amendedrules 175:251(B)(2)(01. 

### The analysisshall include but not be 

### limited to: (A) 

### a reference to any statute that the rule interprets, any related statute or any related rule [75:251(B)(2)(01,and (B) 

### a referenceto anyrule requiring a new or revisedform [75:251(B)(2)(e)

### 1. (9) Contact person. Under the bolded heading "CONTACTPERSON:", 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 intheRegister,but is maintainedin theofficialfiles. When the text exceeds 75pages, 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 atthe left margin two single spaces below the preamble, type the following: DUE TO EXCESSIVELENGTH 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 INSPECTIONAT (agencyname and location)AND AT THE SECRETARY OF STATE'S OFFICE OF ADMINISTRATIVERULES. THE FOLLOWING SUMMARYHAS BEEN PREPARED PURSUANT TO 75 O.S., SECTION 255(B):.

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### 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 thefull 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 (ifrequired) [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),WITHAN 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 SETFORTH 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) Ifthe effective date cited by the agency in the preamble of the emergency rule document is a specificdatethatfollowsthe completion of the Governor's review period [as described in 655: 10-7- 11(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),WITHA 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 "Immediatelyupon 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 "Immediatelyupon Governor's approval or (date), whichever is later" [as described in 655:lO-7- 11(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 specificdatethat followsthe completionof the Governor's review period [asdescribed 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). WITHA LATER EFFECTIVEDATE OF (date):

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### 36655: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, 

### briefnotes,~illustrations, findings of facts, and references to digests ofSupreme Court cases, other court decisions, or Attorney General? opinions, and other explanatory material [75:251(B)(2)(g)]



### . The text of supplemental informationis not consideredregulatory text. Supplemental information is not published but is maintained in the official RegisterfCode files. (b) Location; heading. Agenciesshallbegin 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 "SUPPLEMENTALINFORMATION" 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 [see655:10-7-31.
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 [see655:10-7-151. (c) Original signature. At least one copy of the attestation in permanent rule documents submitted to the OAR and emergency orpreemptive ruledocumentssubmitted 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 thecopy enclosed herewith is a true and correct copy of (amendments to, additions to, revoked, new) (Chapter number), (Chapterheading) which (was,were) (adopted, considered finally adopted) by (title of rulemaking entity) on (date) under (emergency, preemptive, permanent) rulemaking provisions of the Administrative ProceduresAct. 75 O.S., Sections 250 et seq. (2) Secondparagraph. The language of the second paragraph must read: (I. We), the undersigned, do hereby attestthat such (rule,rules) (was, were) (adopted,finally adopted) in substantial compliance with theAdministrative ProceduresAct. (3) Authorized signature. The attestation must be signed by an attestation officer [see655: 10- 1-6). The signature is followed by, the typed name and title of the attestation officer, and the date the attestation is signed.

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### 37655: 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. Priorto adoption of a permanent rule, the agency must publish in the Register a notice describingthe intendedrulemakingaction. 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 noticeof rulemakingintent that announces a full or abbreviated comment period and/or a hearing. If the agency electsto publisha noticeof rulemakingintent, 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 spacesbelow 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. Anotice 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 "Noticeof proposed PERMANENTrulemaking." (B) If emergency rulemaking is proposed, type "Noticeof 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 "Noticeof 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) (relatingto 

### 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) insimple language,a briefsummary ofthe rule[s]. [75:303(B)(I)] (B) theproposed action[s]being taken. [75:303(B)(2)] (C) the circumstances which created the needfor the rule[s]. [75:303@)(3)] (D) the intended effect ofthe 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 specificlegal authority authorizing theproposed 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 statuteor otherlegal 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) Iftheagency schedulesa hearing, cite the date, time and place of such hearing, and the manner in which interested persons maypresent their views [75:303(B)(7)]. (B) If the agency does not schedule a hearing, cite the time when, theplace where,and the manner in whichpersons maydemand a hearing [75:303(B)(9)l. (7) Requests for commentsfrombusiness entities. 

### Under the bolded heading "REQUESTSFOR COMMENTS FROM BUSINESS ENTITIES," identifywhether any ofthe proposed rules affect business entities,asfollows: 

### (A) Ifthe agencydeterminesthatthe rule[s]aflectsbusinessentities,includea requestthatsuch entities provide the agency, within the comment period, in dollar amounts ifpossible, the increase in the level of direct costs



### .

. 

### .and indirect costs


## . . . ,orother costs expected to be incurredby aparticular entity due to compliancewith theproposed rule[s] 

### [75:303(B)(6)];or (B) Ifthe agencydetermines that therule(s) does not affectbusiness entities, as described in 

### (A) ofthis paragraph and in 

### 75 O.S., Section

### 303(B)(6),type "nla." (8) Copies ofproposedrules. 

### Under the bolded heading "COPIES OF PROPOSED RULES:", 

### cite wherecopies oftheproposedrulesmay

### beobtained farreview by thepublic [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 "RULEIMPACT STATEMENT:", 

### state if the

### agency intends to issue a rule impact statement


### ...and where copies of such impact statementmaybe obtained forreviewbythepublic [75:303@)(8)l. Do not include the rule impact statement itself. The rule impact statementmust be issuedprior toor within ffieen (15)

### days afterthe date of publication ofthe notice of proposed rule adoption (i.e.. the Notice ofRulemakingIntent) [75:303(D)(I)]. (10) Contact person. 

### Under the bolded heading "CONTACTPERSON:", 

### include the name and phone number of a contact person for information regarding the proposed rulemaking. (11) 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.

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### 39655: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 ofCancelled Hearing or Comment Period pursuant to this Section. [Seealso 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 ofRulemakingIntentis not publishedandtheNotice of Cancelled Hearing or Comment Period is not-published. Both notices are maintained in the official files. (2) Whenthe 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, includethe headingsand information described in (d) of this Section, formatted pursuant to the following: (1) Begin each heading atthe 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 listingrulesunder the headingPROPOSED RULES [see (d)(2) of this Section],begin each rule number on a separate indented line under the heading. (d) Content. ANotice 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) Rulemakingaction. Underthebolded 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: "TheNotice of Rulemaking Intent for this action was published at (Register cite)

### ." [See 655: 10-15-6 (relating to citing the Register)] (4) Cancelledcomment period. Under the bolded heading "CANCELLEDCOMMENT PERIOD:" (ifcancelling 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 RulemakingIntent, the agency may submit a Notice of Continued Hearing or Comment Period to the OAR. [See also 655:lO-7-52 (relatingto notice document scope)] (b) Publication. If the hearing or comment period is continued to a date which is earlier than five days afterthe 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, includethe headingsand informationdescribed in (d) of this Section, formatted pursuant tothe following:(1) Begin each heading and subheading at the left margin. (2) Begin the contents required for each heading and subheading onthe 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 rulesunder theheadingPROPOSED RULES [see (d)(2) of this Section],begin each rule number on a separate indented line under the heading. (d) Content. ANotice 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) Rulemakingaction. Underthebolded heading "RULEMAKINGACTION:", 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 thebolded heading "PROPOSED RULES:", type the same information included under the heading "PROPOSEDRULES"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: "TheNotice of Rulemaking Intent for this action was published at (Registercite)

## ." [See 655: 10-15-6(relatingtociting theRegister)] (4) Continued comment period. (A) Under thebolded heading "CONTINUED COMMENT PERIOD:"(if continuing a comment period), include the following: (i) Originalcommentperiod. Under the bolded subheading "Originalcomment 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) Donot include this heading or this information unless a comment period is being continued. (5) Continued public hearing. (A) Under the bolded heading "CONTINUEDPUBLIC 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 commentsfrom 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)Iftheagencydetenninesthatthe rule[s]afechbusiness entities,includea request that such entitiesprovide the agency. within the commentperiod, in dollaramounts ifpossible,the increase in the level ofdirect costs.



### . .and indirect costs 

## .. . , orother costs expected to be incurred by a particular entitydue to compliance with theproposed rule[s] [75:303(B)(6)];or (B) Iftheagency determinesthattherule(s) does not affect business entities,as describedin (A) of this paragraph and in 75 O.S., Section303(B)(6),type "nta." (7) Copiesofproposed rules. Under the bolded heading "COPIESOF PROPOSED RULES:", cite where copies oftheproposed rules maybe obtainedfor review bythe public [75:303(B)(9)]. (8) Rule impact statement. Under the bolded heading "RULE IMPACT STATEMENT:", stateif theagency has issued or intends to issue a rule impact statement


### ... and where copies ofsuchimpact statement maybe obtainedfor review bythepublic [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 1655: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 GovernorandtheLegislaturefor review pursuant to 75 

### 0.5, Section 303.1. Upon submission of the rules for review,the agencyshaU alsosubmit to theoffice 

### of

AdministrativeRulesforpublication in The Oklahoma Register, 

### a statementthattheadoptedmleshave been submitted to the Governor and the Legislature [75:303.1

### (C)].[See also 655: 10-7-52 (relatingto notice document scope)] (b) Format;document heading. TheStatement of Submission for Gubernatorial and Legislative Review beginswith thedocument heading required in 655:10-7-3. Beginningtwo single spaces below the document heading, include the headings and information described in (c) of this Section, formatted pursuant tothe following: (1) Begin ea'ch heading atthe 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) Rulemakingaction. Underthebolded heading "RULEMAKINGACTION:",type the following: "Submission for gubernatorial and legislative review." (2) Rules. Underthebolded heading "RULES:", identifythe submitted rules as described in 655:10-7- 1l(bI(2). (3) Submitted to Governor. Underthebolded heading "SUBMITTED TO GOVERNOR:", cite the date the rules were submitted tothe Governor for review. (4) Submittedto House. Underthebolded heading "SUBMITTED TO HOUSE:", cite the datethe 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 tothe OAR for publication in the Register. (b) Format;document heading. The Notice of Gubernatorial Approval of Permanent Rules begins with thedocument heading required in 655:lO-7-3. Beginning two single spaces below the document heading, includethe headings and information described in (c) of this Section, formatted pursuant to the following: (1) Begin each heading atthe 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) Rulemakingaction. Under thebolded heading "RULEMAKING ACTION:", type the following: "Gubernatorial approval of permanent rules." (2) Rules. Under thebolded heading "RULES:", identify the approved rules as described in 655:lO-7- 1l(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) 

### Rulemakingaction. Underthebolded heading 

### 'RULEMAKINGACTION:", type the following: "Gubernatorial disapproval of permanent rules." (2) 

### Rules. Under thebolded heading 

### "RULES:", identifythedisapproved rules as described in 655: 10- 7-1 1(b)(2). (3) 

### Gubernatorial disapproval. Underthebolded 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 approvalor disapproval is not made by the Governor within 45 calendar days after submission. type "Failureof 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 disapprovalof a rule by the Legislature pursuant to 75O.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 thejoint 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 (relatingto notice document scope)] (b) 

### Format;documentheading. The Notice of LegislativeDisapproval ofRules 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 tothe 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. ANotice ofLegislativeDisapprovalof 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) 

### Ifthe disapprovedrules are permanent, type "Legislativedisapproval of PERMANENTrules." (B) 

### Ifthedisapprovedrules are emergency,type "Legislativedisapproval of EMERGENCY rules." (C) 

### Ifthedisapprovedrules arepreemptive,type "Legislativedisapproval of PREEMPTIVE rules." (2) 

### Rules. Under thebolded heading 

### "RULES:", identifythedisapproved rules as described in 655: 10- 7-1l(b)(2). (3) 

### Legislative disapproval. Underthebolded heading 

### "LEGISLATIVE DISAPPROVAL:", type thefollowing: "(Theserules were, This rule was) disapproved by the Legislature in (number ofjoint or concurrent resolution or other legislative instrument), effective (date)

### ." (4) Emergency rules terminated. Under the bolded heading "EMERGENCY RULES TERMINATED:", type thefollowingif the disapprovedrules are permanent or preemptive rules which are based on effective emergency rules [75:253(H)(2)(c)]: "Thefollowing 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. Underthebolded subheading "Gubernatorial approval:", cite the date or dates of emergency approval by the Governor. (C) ~L~ister publication. Under the bolded subheading "Registerpublication:", type the docket number and the full citation to the Register publication of the emergency rules. [see 655:lO-15-4 (relatingto 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 adoptionbut prior to itsfinal 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 75O.S.. Section 253(K). When an agency withdraws an emergency rule after its submissionto theGovemorbut prior to its approval by the Governor, the agency must submit a Notice of Withdrawn Rules pursuant to this Section. (1) Ifthe agency published a Notice ofRulemakingIntent 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. Beginningtwo single spacesbelow 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 rulesunder the heading WITHDRAWN RULES [see (d)(2) of this Section], begin each rule number on a separate indented line under the heading. (d) Content. ANotice 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 "RULEMAKINGACTION:", type one of the following: (A) If the withdrawn rules are permanent, type "Withdrawalof PERMANENT rulemaking." (B) If the withdrawn rules are emergency, type "Withdrawal of EMERGENCY rulemaking." (2) Withdrawn rules. Under thebolded heading 'WlTHDRAWNRULES:", identify the withdrawn rules as described in 655:10-7-11(b)(2). (3) Dates. Under the bolded heading "DATES:", identify any of the following dates which apply to the withdrawal. (A) Adoption. Underthebolded subheading "Adoption:", cite the date the rules were adopted. (B) Submitted to Governor. Include this subheading and information if rules are withdrawn after submissiontotheGovemor. Under the bolded subheading "Submittedto 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 

### 44rules 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 subheadingand information if the rules are permanent rules and are withdrawn after approval by the Governor but prior to approval by the Legislature (finalad?ption)



### . Underthebolded 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 tothe 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 PublishedDocument prepared pursuanttothis Section. [See also 655: 10-7-52(relatingto notice document scope)

## I (b) Format; documentheading. 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 "Noticeof error in published document." (2) Document corrected. Under the bolded heading "DOCUMENTCORRECTED:", 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. [Seerestrictionsin 655:10-13-31 (iv) Notice of Cancelled Comment Periomearing. [See restrictions in 655:lO-13-3] (v) Notice of Continued Comment Periomearing. [Seerestrictionsin 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:", identifytherules affected pursuant to 655: 10-7- 11(b)(2). (C) Register publication. Under the bolded heading "Registerpublication:", include the full citationtotheRegisterpublication of the document being corrected. [see655: 10- 15-6 (relatingto

UNOFFICIAL 7/1/01 

### 45citing 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 citingthe information being corrected.followed by theinformation as it should be stated. For example, "Informationcitedunderthe 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 95-26requires executive agencies to announce the availability ofcontractsfor local projecthndsbypublication 

### in the Oklahoma Register at least one monthprior to the deadlinefor applicationsfor such contracts [ExecutiveOrder 95-26,paragraph 51. (b) Heading. A Local Project Funding Contract Announcement begins with a bolded centered heading, as follows: (1) Onthefirstline, 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 atthe 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 "DESCRIPTIONOF PROJECT:", include
a descriptionofthe 

### typeofprojectseligiblefor localpq'ectfunding contracts, such description being simple and easily readyetsu6Ficentlydetailed to allow a reasonableperson toknow whether a project he maydesire would be eligible [Executive Order 95-26. Paragraph 5b]. (2) Funds available. Underthebolded heading "RINDS AVAILABLE:", cite the total amount of money availablehm theagency for the localprojectfunding contract program described 

### in the announcement [Executive Order 95-26,Paragraph 5c]. (3) Eligibility. Under the bolded heading "ELIGIBILITY:", include a description ofthe type ofpersons or entities who areeligible for localprojectfunding contracts and a citation to the specificauthority which establish the eligibility criteria [Executive Order 95- 26, Paragraph 5d]

. (4) Applicationdeadline. Underthebolded heading "APPLICATION DEADLINE:", cite the closing date and timefor receipt ofapplications [ExecutiveOrder 95-26, Paragraph 5e]. (5) Contact person. Under the bolded heading "CONTACTPERSON:", 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 

### 46PART 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 documentmay 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 SecfiondAppendicesin 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 ofthe 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) Agenciesmay announce more than one comment period or more than one hearing in a single noticeof rulemakingintent,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 SectionorAppendix in a singleStatementof Submission forGubernatorial and Legislative Review only when the rules are: (A) submitted to the Governor on the same date, (B) submitted tothe Legislature on the same date, and (C) in the same Chapter. (3) Notices ofgubernatorial approvddisappmval. Agencies may announce gubernatorial approval or disapprovalofmore than one Section or Appendix in a single Notice of Gubernatorial Approval of PermanentRulesor 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 oflegislativedisapproval. Agencies may announce legislative disapproval of more than one SectionorAppendixin a singleNotice ofLegislative Disapproval of Rules only when the rules are: (A) disapproved on the same date, and (B) in the same Chapter. (5) Notices ofwithdrawn 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 Governoron the same date,

UNOFFICIAL7/1/01 

### 47

### (C) submitted to the Legislature on the same date, (D) withdrawn onthe same date, and 

### (E) in the same Chapter. (6) Notices oferrors. Agenciesmay 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 Whentwo or more ~lemaking authorities are authorized tojointly 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 ofpaper copies: electronic copies; special treatment ofrule documents 65510-9-2. Filing hours; location 655: 10-9-3. Filing deadlines 655: 10-9-4. Receipt date; acceptancedate 655: 10-9-5. Acknowledgementofreceipt 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. asrequired by 655:10-7-2 (1)(A). (b) Submissionofdocuments. When submittinga documenttothe OAR for publication in the Register, agenciesshallsubmit the document as set forthin 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 agencywishes to receive a stamped copy noting receipt andlor acceptance of a document,the agency should submit additionalcopiespursuant to 655:10-9-5 and 655:10-11-3. (2) Electroniccopies. Documentsmust also be submitted to the OAR in electronic form, as set forth in this paragraph; except Appendices, attestations, and supplemental information (inrule 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 identifythe Title, Chapter, and type of filing of each document on the diskette. (C) Compressionofrecords. Arecord which contains a large rule document may be compressed using PKZip software utility. However, the agency must identifythe 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, tothe 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 diskettecopy 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 documentto the OAR [75:308.1(A)]. The document must be submitted in paper and electronic form, as set forth in (b) ofthis 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) Agenciesmay 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 documentwhich is receivedthrough postalor 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 issuein month. If a documentis tobe included in an issue of the Register published on the first working day of the month, the documentmust be reviewed and accepted by the Editor pursuant to 655: 10- 11-1no later than 4:30p.m. on the firstworking day preceding the 16th day of the preceding month. [See also 655:10-15-1 (relatingtopublication 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 followingthe 14thday of the month,the document must be reviewed and accepted by the Editor pursuant to 655: 10- 11-1no 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 scheduleof thefollowingvolume'sfilingdeadlines 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 compliancewith the APA requirement to file rules within thirty (30) calendar days after they becomefinally adopted [75:251 (B)]. (2) Date of acceptance. The date of acceptance is the date the reviewed document is accepted for publicationby 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 7/1/01SUBCHAPTER 1 1. REVIEW OF DOCUMENTS
655: 10-1 1-1. Review of Register submissions 655: 10-11-2. Pre-review of rules [REVOKED] 655: 10-11-3. Acknowledgementof 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 ofthe Register. (2) Rejection of documents. The OAR may refuse to acceptforpublication any document that does not substantiallyconform to the promulgated rules 

### ofthe Secretary [75:25 1

### (C) 1. If a document is rejected, the OAR shallprovide 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

### ofanagency to comply with theprovisions 

### ofSections 251 through 256 

### ofthis Title [Title 751,



### ... the Secretaryshallforward a written notice 

### ofthefailure to comply to the chief administrative omcer 

### ofthe agency. Thenoticeshall state

### a reasonable time, not to exceed thirty (30)calendardays, in which the agencyshall fully comply. Furtherfailure to comply shall be reported in writing to the Speaker

### ofthe House 

### ..., the President Pro Tempore

### ..., the Governor, and theAttorney General. Uponsuch notification, theAttorney Generalshall immediately seek agency compliance and, ifrequired, to institute mandamus proceedings to secure compliance 

### of said agency. [75:252(B)]
655:10-1 1-2. Pre-review of rules [REVOKED]
655:10-11-3. Acknowledgement of acceptance If the agency wishes to receive notification of a document's acceptance pursuant to 655: 10-11-1,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 acknowledgeacceptanceof a documentby noting the date of acceptance and the docket number on the extra copy and return it to the agency. 655:10-11-4. Review of Code submissions [REVOKED]

UNOFFICIAL 7/1/01SUBCHAPTER 13. CORRECTION OF ERRORS
655: 10-13-1. Agency responsibility [REVOKED] 655: 10-13-1.1. Format changesin 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 ofthe rule submittedfor publication shall be 

### thesame 

### as the text ofthe rule considered by the Legislature and the Governor [75:308.1(B)

### 1,and (ii) The agency may 

### change theformat of.



### . .rules



### . 

## . . to comply with the standardprovisions establishedbythe 

### Secretary.



### .

## .solongas there

### isno substantivechange to the rule 175O.S., Section 251(B)(2)(i)l. 

### (C) Emergencyrule 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 251(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. @) Preemptiveruledocuments. 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 75O.S.. Section 251(B) (2) (i), beforefiling 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) (relatingtofiling preemptiverule 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 agencydiscoversan emrin the preamble (except effective date)

UNOFFICIAL7/1/01 

### 5

### 3or enacting clause (except effective date) in a permanent rule document after publication in the Register,the agency may submita 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 supplementalinformation 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 oneof the following types of notice documentsafterpublication in the Register, the agency may correct such error by submitting a Notice of Error in Published Document [see655:10-7-351: (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 theRegister. Theagencymay 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. Theagencymay submita 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

### ofcontractsfor local projectfunds bypublication in the Oklahoma Register atleastonemonthprior to the deadlinefor applicationsfor 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 7/1/01SUBCHAPTER 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. Docketnumbers 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: 10-15-11. Proof of publication

65510-15-1. Publication dates and filing deadlines (a) The Registeris published onthe firstworking dayofeach month and on the first working day following the 14thdayof eachmonth. Ascheduleof 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 issuesof the Registerare numbered consecutively. Each volume includes twenty-four (24) issues beginning in November and ending in October. ,? 655:10-15-3. Register pagination Thepages of the Registerarenumbered consecutivelywithin each volume. Each issue within a volume continues the pagination of the preceding issue.
65510-15-4. Docket numbers The OAR shallassigna docket number to each documentupon receiptin 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 

### 55arrangedby Title and Chapternumber. Local Project Funding Contract Announcements are arranged alphabetically by name of issuing agency. (b) Tableofcontents. 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 SectionsAffected 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 "OkReg"and the beginning page number on which the document is published. For example, a document beginning onpage 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 periodicallyreviewits production and distribution costs to determine subscription prices that are suffcientto 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) Individualissues. If available, individualissues ofthe Register may be purchased from the OAR. The OAR shallperiodically review its production and distribution costs to determine a fee suficient to defray the costofpublicationand 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 ofpublication 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. exceeds75pages in length,the regulatory text is not published in the Register but is maintained in the official files [see655:10-7-1 2 (relatingto lengthy rule documents)]. Upon request, one copyof the regulatory text not published due to excessive length is available at no charge to paid Register subscribers;except,standards adoptedby 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 thepublicfor examination at the administrative ofices ofthe agency [75: 251(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 655:10-7-15is 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'sNotes areused 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'sNotes may appear

### as notes to a specificdocumentor 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, relevantlegislative or gubernatorial actions, or other unusual circumstances related to a rule orrulemakingaction. 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 

### 5-11. Proof ofpublication 

### Upon publication of a rule document in the Register, the OAR shall send proof of publication tothe agency's liaison officer. [75:254(B)]
I

UNOFFICIAL 7/1/01SUBCHAPTER 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 Supplementprices 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 Codeor 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 15for publication in thefmt Registerissue in September [75:256(B)(I)]. Afinally adopted permanent rule not accepted by August 15shall be void and 

### ofno effect uponpublication ofthe



### . . . "Code" or "Code" supplement [75:256 (A)(1)(b)]



### . 655: 10-1 7-4. Code and Supplement prices The Codeand its annual supplements may be purchasedfrom the Office of Administrative Rules. Prior to announcingtheavailabilityof anannual supplement or a new edition of the Code, the OAR shall review the productionand distribution costs to determine a price sumcient to defraythe 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 -91.1 (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,includesa sourcenote which identifiesthe date of the Subchapter's codification. The date of thenew 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) Sectionand Appendix sourcenotes 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 codificationand the convenienceof thereader. Theyarenot rules and do not have the force of law. (C) Thefollowingis 

### 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, includinga citation tothe action's Registerpublication [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 (effectivedate)

### ." (ii) Revoked SectiodAppendix. Thesourcenote 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. Thesourcenote 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: "Revokedand reenacted at (citeto Register publication), eff (effective date)

## ." (v) RenumberedSectiodAppendix. The source note entries for an action which renumbers a Section or Appendix, with no amendments tothe Section orAppendix, appear in the Code 

### as follows: 

### (I) For theprior Section orAppendix: "Renumberedto (new Section orAppendix number) at (cite to Register publication), eff (effective date)." (11) For the newly-numbered Section orAppendix: "Renumbered from (prior Section or Appendix number) at (cite toRegisterpublication), eff (effectivedate)

## ." (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 (effectivedate)." (11) For the newly-numbered Section: "Amended and renumbered from (prior Section number) at (cite to Register publication), eff (effectivedate)." (vii) Reserved SectiodAppendix. The source note entry for an action which reserves a Section or Appendixappears in the Code asfollows: "Reserved at (cite toRegister publication), eff (effectivedate)

## ." (viii) ExpiredSectiodAppendix. The sourcenote entryfor anemergency 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 emergencyactions. Ifemergency 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 followedby theword "(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 emergencyactions. 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 8-21-91 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 toone of the following: (i) The issuing agency may request that the OAR add a supplemental authority note to the Code. TheOAR 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, orAppendix.

UNOFFICIAL 7/1/01SUBCHAPTER 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 atleast 24 hours in advance. (2) Documents and publications may not be borrowed or removed from the Office of Administrative Rules. Documentsmay be photocopied,and publicationsmay be photocopied or purchased, 

### as set forth in this Subchapter. 655: 10-15-7.and 655:10- 17-4. (b) Issuing agency'sresponsibility. Theagencysubmitting the rules shall make such rules available to the public 

### in accordance with the OpenRecordsAct. [75:254 (B)] (c) Countyclerks'responsibility. A copy ofthe published Code and each annual Supplement is mailed toeverycounty 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. Copiesofthe published Code and each annual Supplement, and copies of each issueoftheRegister.aredeposited 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 25cents 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 OFINTERNAL (OAC) CITATIONS This table establishes format for referencing the OAC within the text of a rule. The left column describes the materialbeingreferenced. Theright 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 sameTitle Chapter 10of this Title-OROAC 20:10



### ......................... A Chapter of another OAC Title OAC 20:10

UNOFFICIAL 7/1/01 

### 62Another Subchapter of the same Chapter.



### ................. Subchapter 10of this Chapter



### .......... A Subchapter of another Chapter of the same Title Subchapter 10of 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 ofthis 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 1of Subchapter 1of Chapter 10of 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 ofthe 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 ofthe OAC



### .............................this unit
The same subunit of the OAC



### ........................... this subunit

UNOFFICIAL 7/1/01

# Page 159

Certification of Public Hearings

### MARKCOLEMAN Executive Director 

### OKLAHOMA DEPARTMENT OF ENVIRONMENTALQUALITY 

## OKLAHOMA DEPARTMENT 

## OF ENVIRONMENTAL QUALITY FRANK KEATING Governor



### March 4,2002



### Mr. Gregg Cooke, Regional Administrator (6RA) 

### U. S. Environmental Protection Agency, Region 

### VI 1445RossAvenue, Suite 1200 Dallas, 

## TX 75202-2733 Subject: Revisionstothe OklahomaAir 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 51.102 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 QualityBoard are listed in the tablesbelow:

OAC 

### 252:100, AppendixE. PrimaryAmbient Air Quality Standards OAC 

### 252:lOO-3. Air Quality Standardsand Increments

OAC 

### 252:100, ~bpendix F. ~econdary Ambient Air~uality Standards 

# 1 NOTICE 

# 1 PUBLIC 

## HEARING 

# 1CONDUCTED 

## HEARING NOTICE 03115/95 09115/95

107115/98 108/18/98 

### l~ir Quality Council 

# 1 PUBLIC 

## HEARING 04118/95 09/26/95 

### CONDUCTED

## HEARING Air Quality Council Environmental Quality Board

07115/98 11/15/99 01/18/00

707 NORTH ROBINSDN, P.O. BOX 1677, 

### OKIAHOMA CITY, OKLAHOMA73101-1677 printed on recycled paper with soy ink 

## Q OAC 

### 252:lOO-5. Registration, Emission Inventoryand Annual Operating Fees 09115/98 12114/99 02/25/00

P 

### Environmental QualityBoard Air Quality Council Environmental Quality Board



### NOTICE 07115/97 

### PUBLIC 

## HEARING 08/19/97 

### CONDUCTED

## HEARING Air Quality CouncilPage 2



### OAC 252:lOO-7. Permits For MinorFacilities 

### 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 

### 09115/97 11117/97 11/17/97 0 1/02/98 01/02/98 09115/98 11/16/98 01/15/99 09115/99 I 

### 11115/99 0 1118/00

106101/87 107/21/87 l~ir Quality Council 

### 10/21/97 1211 6/97 0 1/09/98 0 1/27/98 03/20/98 1 0/20/98 12115/98 03/05/99 1 011 9/99 1 2114/99 02/25/00



### OAC 252:100, Appendix 

## H. De MinimisFacilities



### 108/03/87 109/22/87 l~ir Quality Council 

### NOTICE 02/02/87 04101/87 PUBLICHWG 03117/87 05/19/87

0 1/04/88 08/03/92 08117/92 1 011 5/92 07115/93 08/02/93 CONDUCTED HEARING Air Quality Council Air Oualitv Council



### 09115/93 12101/93 - - 

### 01/28/88 0811 1/92 09/15/92 1 1/05/92 08117/93 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 BoardPage 3



### OAC 252:100-8. Permits for Part 70 Sources OAC 252:100, Appendix I. Insignificant Activities (Registration)List

OAC252:lOO-9. Excess Emission and MalfunctionReporting Requirements 

## 1 NOTICE 

## 1 P UBLICHEARING 

## 1CONDUCTED

### HEARING 

### 1 -0AC252: 100, ~p~endix 

### J. gal Activities (De ~inimis) List

0511 7/99 10611 5/99 

### l~ir Quality Council 08/02/99 

## 10 8/24/99 

### l~ir Oualitv Council CONDUCTEDHEARING 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 09115/97 11/17/97 11/17/97 1 1/17/97 11/16/98 11/16/98 05/15/00 07117/00 07117/00 

### PUBLICHEARING 10121/97 12116/97 0 1/27/98 03/20/98 12/15/98 03/05/99 06/14/00 08116/00 1 1/14/00

09115/99 11/15/99 01/18/00 03115/00 03115/00



### 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 10119/99 12/14/99 02116/00 04119/00 06/20/00



### NOTICE 09115/99 1 1/15/99 11/15/99 

# . d 

### Air Quality Council Air Quality Council Air Quality Council Air Quality Council Environmental QualityBoard

NOTICE 0911 6/96 

### PUBLIC HEARING 1 011 9/99 1 2114/99 02/25/00 

### CONDUCTEDHEARING Air Quality Council Air Quality Council Environmental Quality Board

PUBLIC HEARING 10/15/96 

### (CONDUCTED HEARING Air Quality Council 

# 9 Air Quality Council Environmental QualityBoard Environmental Quality Board Air Quality Council Environmental Quality Board 01/15/97 02119/97 11/17/97 11/17/97 11/17/97 03/15/00 03/15/00 12116/97 01/27/98 03/20/98 04/

### 1 9/00 06/20/00Page 4



### OAC 252:lOO-19. Control ofEmission 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 forFuel-Burning Equipment OAC 252:100, Appendix D. Particulate Matter Emission Limits for Wood-Waste Burning Equipment 

# 1 NOTICE 

# 1PUBLICHEA~G 

# 1CONDUCTED

### HEARLWG 

# 1 08/02/99 09115/99 0911 5/99


### OAC 252:lOO-23. Control ofEmissions From Cotton Gins 08/24/99 1011 9/99 11/16/99



### OAC 252:lOO-24. ParticulateMatterEmissions from Grain, Feed orSeed Operations OAC 252:100, Appendix L. PM-10 Emission Factors forPermit by Rule for Grain Elevators Air Quality Council Air Quality Council Environmental Quality Board



### CONDUCTEDHEARING Air Quality Council Air Quality Council Environmental Quality Board 

### NOTICE 07115/98 09/15/98 09115/98

IC.C



### OAC 252: 100-25. Smoke, Visible Emissions and Particulates 

### NOTICE PUBLIC HEAWG CONDUCTEDHEARING 03/16/98 04121/98 

### PUBLIC HEARING 0811 8/98 10120198 11/10/98

08/03/98 09115/98 09115/98


### OAC 252:lOO-29. Control ofFugitive Dust 

### NOTICE 05115/00 07117/00 

### CONDUCTEDHEARING Air Quality Council Air Quality Council 

### NOTICE 02/01/94 0210 1 194

08118/98 10/20/98 11/10/98 

### PUBLIC HEAmG 03108/94 04112/94



### 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 07118/98 09/15/98 09115/98



### CONDUCTEDHEARING Air Quality Council Air Quality Council 

## - Air Quality Council Environmental QualityBoard 09115/00 09115/00 06114/94 09/28/94 02/22/95 06/27/95 08118/98 1

0/20/98 11/10/98

10118/00 11/14/00 

### Air Quality Council Environmental Quality Board Air Quality Council Environmental Quality Board Air Quality Council Air Quality Council Environmental Quality BoardPage 5



### OAC 252:lOO-31. Control ofEmission of Sulfur Compounds

OAC252:lOO-35. Control ofEmission of Carbon Monoxide 

## 1 NOTICE [P UBLICHEARING 

## 1CONDUCTED HEARING OAC 252:lOO-33. Control ofEmission ofNitrogen Oxides 

### CONDUCTEDHEARING Air Quality Council Air Quality Council Environmental Quality Board 

### NOTICE 04/02/94 0710 1/94 0710 1/94



### OAC252:lOO-37. Control ofEmission ofVolatile Organic Compounds (VOCs) 

### NOTICE 

### ICOND

### I~CTED 

### HEARING 07115/98 

### cil 09115/98 

### P UBUCHEARING 06114/94 08/09/94 11130194



### CONDUCTEDHEARING Air Quality Council Air Quality Council Environmental Quality Board 

### NOTICE 01/18/00 03115/00 03115/00

08/02/99 09115/99 0911 5/99 

### PUBLIC HEARING 02116/00 04119/00 06/20/00

08/24/99 10119/99 11116/99



### OAC 252:lOO-39. Emission of Volatile Organic Compounds (VOCs) in Nonattainment Areas and FormerNonattainment Areas Air Quality Council Air Quality Council Environmental Quality Board



### NOTICE 07115/98 09115/98 11/16/98 01/15/99 01/15/99



### OAC 252:100-45. Monitoring 

### ofEmissions 

### NOTICE 09101 I94 11/01/94 

### PUBLIC HEARING 08118/98 1

0/20/98 12115/98 02117/99 03/05/99 

### CONDUCTEDHEARING Air Quality Council Air Quality Council Air Quality Council Air Quality Council Environmental Quality Board



### PUBLIC HEARING 10111/94 1 1

130194 

### CONDUCTEDHEARING Air Quality Council Environmental Quality Board

# - All notices of DEQ's intent to adopt new or amended rules were published in the 

### OklahomaRegister. 

### 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