RECENT AMENDMENT OF 14A O.S. 3-506 (1991), THIS SUBSECTION REFERRED TO THE "MAKING" OR "ADOPTION" OF "REGULATIONS." IN SHORT, THE SUBSTANCE OF THE AMENDMENT OF THIS SUBSECTION WAS TO REMOVE ANTIQUATED LANGUAGE AND REPLACE IT WITH LANGUAGE CONSISTENT WITH TERMINOLOGY USED IN THE ADMINISTRATIVE PROCEDURES ACT WITH REGARD TO RULEMAKING. HOWEVER, THE METHODOLOGY OF RULE PROMULGATION IN THE REVISED 3-506 IS QUITE DIFFERENT FROM THAT USED IN THE APA. FOR EXAMPLE, 3-506 HAS NO REQUIREMENT FOR PUBLICATION IN THE OKLAHOMA REGISTER OR FOR LEGISLATIVE OR GUBERNATORIAL REVIEW AND APPROVAL.
THE PRIMARY RULE OF STATUTORY CONSTRUCTION IS TO DETERMINE THE LEGISLATIVE INTENT OF A STATUTE IN LIGHT OF ITS GENERAL PURPOSE AND OBJECT. TXO PRODUCTION CORP. V. OKLAHOMA CORPORATION COMMISSION, 829 P.2D 964 (OKLA.1992). FURTHER, WE MUST PRESUME THAT THE LEGISLATURE EXPRESSED ITS INTENT IN A STATUTE AND THAT IT INTENDED WHAT IT EXPRESSED. DARNELL V. CHRYSLER CORPORATION, 687 P.2D 132 (OKLA.1984). LEGISLATIVE ACTS ARE TO BE CONSTRUED IN SUCH A MANNER AS TO RECONCILE THE DIFFERENT PROVISIONS AND RENDER THEM CONSISTENT AND HARMONIOUS, AND GIVE INTELLIGENT EFFECT TO EACH. EASON OIL CO. V. CORPORATION COMMISSION, 535 P.2D 283 (OKLA.1975).
IN THIS REGARD, THE LEGISLATURE HAS CREATED A SPECIFIC PROVISION WHICH REQUIRES THAT FOR CERTAIN RULES PROMULGATED BY THE DEPARTMENT OF CONSUMER CREDIT ACTUAL NOTICE TO LICENSEES OF THE DEPARTMENT BE GIVEN PRIOR TO PROMULGATION. SECTION 14A O.S. 3-506 RELATES SOLELY TO RULES PROMULGATED BY THE DEPARTMENT UNDER THE UNIFORM CONSUMER CREDIT CODE, 14A O.S. 1-101 (1991) ET SEQ. WHILE THE PROCEDURE SET FORTH IN 3-506 DIFFERS MARKEDLY FROM THE PROCEDURES IN THE APA, THE EVIDENT INTENT IS TO REQUIRE THE DEPARTMENT TO GIVE NOTICE IN ADDITION TO THAT REQUIRED UNDER THE APA. THERE IS NO INDICATION THAT THE DEPARTMENT MAY FOREGO PROMULGATION REQUIREMENTS UNDER THE APA FOR THESE RULES. INDEED, THE PLAIN LANGUAGE OF THESE STATUTES REQUIRE THE DEPARTMENT TO UNDERGO, FOR CERTAIN RULES, TWO PROMULGATION PROCESSES IN ORDER TO PROVIDE ADDITIONAL PUBLIC NOTICE AND HEARINGS. THIS CONSTRUCTION ALLOWS BOTH ACTS TO BE GIVEN EFFECT WITHOUT DOING DAMAGE TO EITHER.
IT IS, THEREFORE, THE OPINION OF THE UNDERSIGNED THAT THE AMENDMENT OF 14A O.S. 3-506(6) OF TITLE 14A OF THE OKLAHOMA STATUTE, IN S.B. NO. 393 OF THE 1ST SESSION OF THE 44TH LEGISLATURE, AFFECTS THE PROCEDURE BY WHICH THE DEPARTMENT OF CONSUMER CREDIT PROMULGATES RULES UNDER TITLE 14A BY REQUIRING THE DEPARTMENT TO COMPLY WITH BOTH THE ADMINISTRATIVE PROCEDURES ACT RULE PROMULGATION REQUIREMENTS AND THE REQUIREMENTS SET FORTH UNDER 14A O.S. 3-506(6) (1993).
(JAMES ROBERT JOHNSON)