reglab/housing_qa huggingface dataset:
75 OK Stat § 75-305 (2021)
2021 Oklahoma Statutes|Title 75. Statutes and Reports|§75-305. Petition requesting promulgation, amendment or repeal of a rule - Form and procedure.

|An interested person may petition an agency requesting the promulgation, amendment, or repeal of a rule. Each agency shall prescribe by rule the form for petitions and the procedure for their submission, consideration, and disposition. Within thirty (30) calendar days after submission of a petition, the agency shall initiate rulemaking proceedings or provide a written response and explanation of its failure to initiate rulemaking proceedings. |Added by Laws 1963, c. 371, § 5. Amended by Laws 1987, c. 207, § 16; Laws 2021, c. 11, § 11, eff. Sept. 1, 2021.
75 OK Stat § 75-306 (2021)
2021 Oklahoma Statutes|Title 75. Statutes and Reports|§75-306. Validity or applicability of rules - Action - Parties - Presumption of validity - Burden of proof when rule appealed - Declaratory judgment.

|A. The validity or applicability of a rule may be determined in an action for declaratory judgment in the district court of the county of the residence of the person seeking relief or, at the option of such person, in the county wherein the rule is sought to be applied, if it is alleged the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff. |B. The agency shall be made a party to the action.C. Rules promulgated pursuant to the provisions of the Administrative Procedures Act are presumed to be valid until declared otherwise by a district court of this state or the Supreme Court. When a rule is appealed pursuant to the Administrative Procedures Act it shall be the duty of the promulgating agency to show and bear the burden of proof to show:1. that the agency possessed the authority to promulgate the rule;2. that the rule is consistent with any statute authorizing or controlling its issuance and does not exceed statutory authority;3. that the rule is not violative of any other applicable statute or the Constitution; and4. that the laws and administrative rules relating to the adoption, review and promulgation of such rules were faithfully followed.The provisions of this subsection shall not be construed to impair the power and duty of the Attorney General to review such rules and regulations and issue advisory opinions thereon.D. A declaratory judgment may be rendered whether or not the plaintiff has requested the agency to pass upon the validity or applicability of the rule in question.Laws 1963, c. 371, § 6; Laws 1977, c. 114, § 1, eff. Oct. 1, 1977; Laws 1987, c. 207, § 17.
75 OK Stat § 75-307 (2021)
2021 Oklahoma Statutes|Title 75. Statutes and Reports|§75-307. Filing and disposition of petitions for declaratory rulings - Judicial review.

|Each agency shall provide by rule for the filing and prompt disposition of petitions for declaratory rulings as to the applicability of any rule or order of the agency. A declaratory ruling, or refusal to issue such ruling, shall be subject to a judicial review in the manner provided for review of decisions in individual proceedings as provided in Sections 317 through 323 of this title. |Laws 1963, c. 371, § 7; Laws 1987, c. 207, § 18.
75 OK Stat § 75-307.1 (2021)
2021 Oklahoma Statutes|Title 75. Statutes and Reports|§75-307.1. Legislative rule review - Joint Committee on Administrative Rules.

|A. The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall establish a joint rule committee to be designated as the Joint Committee on Administrative Rules. |B. The President Pro Tempore and the Speaker shall appoint current members of the Senate and House of Representatives to the Committee. The President Pro Tempore and Speaker shall designate one of their respective appointments as co-chair of the Committee.C. A quorum shall be required to conduct any business of the Committee. A quorum shall be a majority of the Senate members of the Committee and a majority of the House members of the Committee.D. The Committee shall meet as needed and during sessions of the Legislature and at regular intervals in the interim.E. The function of the Committee shall be the review of all adopted agency administrative rules including recommending by concurrent majority an approval or disapproval of each proposed rule to the Legislature. The Committee may also recommend by concurrent majority an agency amend or further consider a proposed rule.F. The Committee shall approve or disapprove by concurrent majority a repeal of rules under the expedited repeal process pursuant to this act. Such rules shall be presented to the Legislature for final approval for repeal.G. In addition to the review of agency-adopted rules pursuant to this act, the Committee shall have the power and duty to:1. Conduct a continuous study and investigations as to whether additional legislation or changes in legislation are needed based on various factors, including but not limited to, review of proposed rules, review of existing rules including but not limited to consideration of amendments to or repeal of existing rules, the lack of rules, the ability of agencies to promulgate such rules, the burden of administrative rules on the regulated community and the needs of administrative agencies;2. Conduct a continuous study of the rulemaking process of all state agencies including those agencies exempted by Section 250.4 of this title for the purpose of improving the rulemaking process;3. Conduct such other studies and investigations relating to rules as may be determined to be necessary by the Committee; and4. Monitor and investigate compliance of agencies with the provisions of the Administrative Procedures Act, make periodic investigations of the rulemaking activities of all agencies and evaluate and report on all rules in terms of their propriety, legal adequacy, relation to constitutional or statutory authorization, economic and budgetary effects and public policy.Added by Laws 1987, c. 207, § 19. Amended by Laws 1988, c. 292, § 18, emerg. eff. July 1, 1988; Laws 2021, c. 11, § 12, eff. Sept. 1, 2020.
75 OK Stat § 75-308.1 (2021)
2021 Oklahoma Statutes|Title 75. Statutes and Reports|§75-308.1. Adoption of rule upon approval by Legislature and Governor - Submission for publication.

|A. Upon final adoption, the agency shall submit the rule to the Secretary for filing and publishing such rule pursuant to Sections 251 and 255 of this title. |B. The text of the rule submitted for publication shall be the same as the text of the rule that has been finally adopted.Added by Laws 1987, c. 207, § 22. Amended by Laws 1988, c. 292, § 20, emerg. eff. July 1, 1988; Laws 1989, c. 360, § 11, emerg. eff. June 3, 1989; Laws 1990, c. 300, § 21, eff. July 1, 1991; Laws 1997, c. 206, § 21, eff. Nov. 1, 1997; Laws 1998, c. 239, § 15, eff. Nov. 1, 1998; Laws 2013, c. 357, § 5, eff. Nov. 1, 2013.
75 OK Stat § 75-308.2 (2021)
2021 Oklahoma Statutes|Title 75. Statutes and Reports|§75-308.2. Rules - Necessity of promulgation - Interpretations not to change - Prospective effect only - Limitation period on contest proceedings - Force of law and prima facie evidence.

|A. No agency rule is valid or effective against any person or party, or may be invoked by the agency for any purpose, until it has been promulgated as required in the Administrative Procedures Act. |B. A proceeding to contest any promulgated rule on the ground of noncompliance with the procedural requirements of Article I of the Administrative Procedures Act must be commenced within two (2) years from the effective date of the promulgated rule.C. Rules shall be valid and binding on persons they affect, and shall have the force of law unless amended or revised or unless a court of competent jurisdiction determines otherwise. Except as otherwise provided by law, rules shall be prima facie evidence of the proper interpretation of the matter to which they refer.Added by Laws 1987, c. 207, § 23. Amended by Laws 1991, c. 326, § 11, eff. July 1, 1991; Laws 1996, c. 225, § 4, eff. Nov. 1, 1996; Laws 1997, c. 206, § 22, eff. Nov. 1, 1997.
75 OK Stat § 75-308.3 (2021)
2021 Oklahoma Statutes|Title 75. Statutes and Reports|§75-308.3. Joint resolution of the Legislature.

|A. The Legislature shall have joint resolutions prepared for consideration each session. |B. For the purpose of this section, a proposed permanent rule may be disapproved, in whole or in part, in a joint resolution considered by the Legislature.C. If any rule received on or before April 1 is not subject to a joint resolution passed by both houses of the Legislature and signed by the Governor or is found by the Governor to have a technical legal defect preventing approval of administrative rules intended to be approved by the Legislature, the Governor may declare any rules received on or before April 1 and not subject to a joint resolution passed by both houses of the Legislature to be approved or disapproved and finally adopted by publishing a single declaration in “The Oklahoma Register” on or before July 17. If the Governor finds that the joint resolution has a technical legal defect, the Governor shall make the finding in writing and submit the finding to the Legislature.Added by Laws 2013, c. 357, § 6, eff. Nov. 1, 2013. Amended by Laws 2021, c. 11, § 14, eff. Sept. 1, 2021.
75 OK Stat § 75-308a (2021)
2021 Oklahoma Statutes|Title 75. Statutes and Reports|§75-308a. Jurisdiction.

|The provisions of Article II of the Administrative Procedures Act govern the hearing procedures of agencies, and does not grant jurisdiction, not otherwise provided by law. The Legislature recognizes that agencies take actions and make decisions, other than by individual proceedings for which the right to judicial review is intended to be exercised pursuant to other laws. |Added by Laws 1992, c. 310, § 7, eff. July 1, 1992.
75 OK Stat § 75-309 (2021)
2021 Oklahoma Statutes|Title 75. Statutes and Reports|§75-309. Individual proceedings - Notice - Hearing.

|A. In an individual proceeding, all parties shall be afforded an opportunity for hearing after reasonable notice. |B. The notice shall include:1. A statement of the time, place and nature of the hearing;2. A statement of the legal authority and jurisdiction under which the hearing is to be held;3. A reference to the particular sections of the statutes and rules involved; and4. A short and plain statement of the matters asserted. If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter upon application a more definite and detailed statement shall be furnished.C. Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved.D. Deliberations by administrative heads, hearing examiners, and other persons authorized by law may be held in executive session pursuant to paragraph 8 of subsection B of Section 307 of Title 25 of the Oklahoma Statutes.E. Unless precluded by law, informal disposition may be made of any individual proceeding by stipulation, agreed settlement, consent order, or default.F. The record in an individual proceeding shall include:1. All pleadings, motions and intermediate rulings;2. Evidence received or considered at the individual proceeding;3. A statement of matters officially noticed;4. Questions and offers of proof, objections, and rulings thereon;5. Proposed findings and exceptions;6. Any decision, opinion, or report by the officer presiding at the hearing; and7. All other evidence or data submitted to the hearing examiner or administrative head in connection with their consideration of the case provided all parties have had access to such evidence.G. Oral proceedings shall be electronically recorded. Such recordings shall be maintained for such time so as to protect the record through judicial review. Copies of the recordings shall be provided by the agency at the request of any party to the proceeding. Costs of transcription of the recordings shall be borne by the party requesting the transcription. For judicial review, electronic recordings of an individual proceeding, as certified by the agency, may be submitted to the reviewing court by the agency as part of the record of the proceedings under review without transcription unless otherwise required to be transcribed by the reviewing court. In such case, the expense of transcriptions shall be taxed and assessed against the nonprevailing party. Parties to any proceeding may have the proceedings transcribed by a court reporter at their own expense.H. Findings of fact shall be based exclusively on the evidence received and on matters officially noticed in the individual proceeding unless otherwise agreed upon by the parties on the record.Added by Laws 1963, c. 371, § 9. Amended by Laws 1992, c. 310, § 8, eff. July 1, 1992; Laws 1994, c. 384, § 12, eff. July 1, 1994.
75 OK Stat § 75-310 (2021)
2021 Oklahoma Statutes|Title 75. Statutes and Reports|§75-310. Procedures before agency.

|In individual proceedings: |1. Agencies may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs. They shall give effect to the rules of privilege recognized by law in respect to: self-incrimination; confidential communications between husband and wife during the subsistence of the marriage relation; communication between attorney and client, made in that relation; confessions made to a clergyman or priest in his or her professional capacity in the course of discipline enjoined by the church to which he or she belongs; communications made by a patient to a licensed practitioner of one of the healing arts with reference to any physical or supposed physical disease or of knowledge gained by a practitioner through a physical examination of a patient made in a professional capacity; records and files of any official or agency of any state or of the United States which, by any statute of a state or of the United States are made confidential and privileged. No greater exclusionary effect shall be given any such rule or privilege than would obtain in an action in court. Agencies may exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form;2. Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original;3. A party may conduct cross-examinations required for a full and true disclosure of the facts;4. Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the agency's specialized knowledge. Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The agency's experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence.5. Any party shall at all times have the right to counsel, provided that such counsel must be duly licensed to practice law by the Supreme Court of Oklahoma, and provided further that counsel shall have the right to appear and act for and on behalf of the party represented.6. A party may request the exclusion of witnesses to the extent and for the purposes stated in Section 2615 of Title 12 of the Oklahoma Statutes. Exclusion of a witness shall not be a violation of the Oklahoma Open Meeting Act.Added by Laws 1963, c. 371, § 10. Amended by Laws 1999, c. 46, § 1, eff. Nov. 1, 1999.
75 OK Stat § 75-311 (2021)
2021 Oklahoma Statutes|Title 75. Statutes and Reports|§75-311. Proposed orders.

|A. Except as otherwise provided by Section 311.1 of this title, if the administrative head of an agency has not heard the case or read the record of an individual proceeding, a final agency order adverse to a party shall not be made until a proposed order is served upon the party, and an opportunity is afforded to the party to file exceptions and present briefs and oral argument to the administrative head who is to render the final agency order. The proposed order shall be accompanied by a statement of the reasons therefor and of each issue of fact or law necessary to the proposed order, prepared by the hearing examiner or by one who has read the record. |B. Such proposed order shall be served upon the parties at least fifteen (15) days prior to a hearing or meeting at which the administrative head is to consider or render a decision on the proposed order. At such hearing or meeting, the parties shall be afforded an opportunity to present briefs and oral arguments concerning the proposed order.C. The parties by written stipulation may waive compliance with this section.Added by Laws 1963, c. 371, § 11. Amended by Laws 1992, c. 310, § 9, eff. July 1, 1992; Laws 1995, c. 317, § 1, emerg. eff. June 5, 1995; Laws 1998, c. 239, § 16, eff. Nov. 1, 1998.
75 OK Stat § 75-311.1 (2021)
2021 Oklahoma Statutes|Title 75. Statutes and Reports|§75-311.1. Department of Health - Final agency orders - Authority.

|A. The Commissioner of the State Department of Health may delegate the authority to issue a final agency order adverse to a party to an agency administrative law judge if: |1. The administrative law judge has a general knowledge of the Public Health Code, and rules promulgated thereto;2. The administrative law judge:a.is currently licensed to practice law by the Supreme Court of this state,b.has a working knowledge of the Administrative Procedures Act and administrative rules of the State Department of Health,c.is not an owner, stockholder, employee or officer of, nor has any other business relationship with, any corporation, partnership, or other business or entity that is subject to regulation by the State Department of Health,d.is separate and apart from the legal division or office of general counsel of the State Department of Health,e.is not responsible to or subject to the supervision or direction of an employee or agent engaged in the performance of investigative or prosecuting functions for the State Department of Health, andf.has not been engaged in the performance of investigative or prosecuting functions for the State Department of Health regarding the party receiving the final agency order; and3. The Commissioner in delegating the authority to issue final agency orders adverse to a party pursuant to this section specifically designates by written agency policy and procedure the type or category of final agency order which may be issued by the administrative law judge.B. The provisions of this section shall not be construed to authorize or allow restraints on the authority of the Commissioner to adopt, reject, review, modify or correct the findings of fact and conclusions of law or any proposed order issued by the administrative law judge.C. When the administrative law judge issues a final agency order, that order becomes the final order of the State Department of Health without further proceeding unless there is a request for rehearing, reopening, or reconsideration pursuant to Section 317 of Title 75 of the Oklahoma Statutes or a filing for judicial review pursuant to Section 318 of Title 75 of the Oklahoma Statutes.Added by Laws 1995, c. 317, § 2, emerg. eff. June 5, 1995.
75 OK Stat § 75-312 (2021)
2021 Oklahoma Statutes|Title 75. Statutes and Reports|§75-312. Final agency orders - Contents - Notification.

|A. A final agency order adverse to a party shall: |1. Be in writing; and2. Include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, in accordance with agency rules, a party submitted proposed findings of fact, the final agency order shall include a ruling upon each proposed finding.B. Parties shall be notified either personally or by certified mail, return receipt requested, of any final agency order. Upon request, a copy of the order shall be delivered or mailed forthwith to each party and to his attorney of record.Laws 1963, c. 371, § 12; Laws 1992, c. 310, § 10, eff. July 1, 1992.
75 OK Stat § 75-313 (2021)
2021 Oklahoma Statutes|Title 75. Statutes and Reports|§75-313. Agency members not to communicate.

|Unless required for the disposition of ex parte matters authorized by law, members or employees of an agency assigned to render a decision or to make findings of fact and conclusions of law in an individual proceeding shall not communicate, directly or indirectly, in connection with any issue of fact, with any person or party, nor, in connection with any issue of law, with any party or his representative, except upon notice and opportunity for all parties to participate. An agency member (1) may communicate with other members of the agency, and (2) may have the aid and advice of one or more personal assistants. |Laws 1963, c. 371, § 13.
75 OK Stat § 75-314 (2021)
2021 Oklahoma Statutes|Title 75. Statutes and Reports|§75-314. Issuance or denial of new license - Revocation, suspension, annulment, withdrawal or nonrenewal of existing license.

|A. Except as otherwise specifically provided by law, the issuance or denial of a new license shall not require an individual proceeding. |B. Except as otherwise prohibited by law, if a licensee has made timely and sufficient application for renewal of a license or a new license with reference to any transfer of an activity of a continuing nature, the existing license does not expire until the application has been finally determined by the agency. In case the application for renewal or for a new license with reference to any transfer of an activity of a continuing nature is denied or the terms of the new license limited, the existing license does not expire until the last day for seeking review of the final agency order or a later date fixed by order of the reviewing court.C. 1. Unless otherwise provided by law, an existing license shall not be revoked, suspended, annulled, withdrawn or nonrenewed unless, prior to the institution of such final agency order, the agency gave notice by mail to the licensee of facts or conduct which warrant the intended action, and the licensee was given an opportunity to show compliance with all lawful requirements for the retention or renewal of the license.2. If the agency finds that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.Laws 1963, c. 371, § 14; Laws 1992, c. 310, § 11, eff. July 1, 1992.
75 OK Stat § 75-314.1 (2021)
2021 Oklahoma Statutes|Title 75. Statutes and Reports|§75-314.1. Implementation of emergency action pending final outcome of proceedings.

|As authorized by or pursuant to law, if an agency finds that the public health, safety, or welfare imperatively requires emergency action, has promulgated administrative rules which provide for such action and incorporates a finding regarding the emergency in its order, emergency actions may be ordered pending the final outcome of proceedings instituted pursuant to this article. |Added by Laws 1994, c. 384, § 10, eff. July 1, 1994.