reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 75. Statutes and Reports › §75-26.11. Prefiling of bills and resolutions.

Beginning on the 15th day of November of each even-numbered year and ending at the time of sine die adjournment of the second regular session during the following even-numbered year, members of the first regular legislative session who have taken the required oath of office therefor and holdover members of the Senate are hereby authorized to prefile legislative bills and resolutions for introduction. Such bills and resolutions shall be in the form required by the rules of the respective houses of the Legislature.
Laws 1959, p. 490, § 1; Laws 1965, c. 37, § 1, emerg. eff. Mar. 8, 1965; Laws 1967, c. 173, § 1, emerg. eff. May 1, 1967; Laws 1981, c. 272, § 38, eff. July 1, 1981.
2023 Oklahoma Statutes › Title 75. Statutes and Reports › §75-26.12. Manner and place of filing.

Senate bills and resolutions may be prefiled with the Secretary of the Senate; House of Representatives bills and resolutions may be prefiled with the Chief Clerk of the House of Representatives. Bills and resolutions are prefiled when delivered in person by the author or principal author thereof or mailed to the appropriate legislative official as provided herein; provided, however, the electronic transmission of bills and resolutions, including, but not limited to electronic mailing, by the author or author’s designee shall satisfy the requirements of this section.
Added by Laws 1959, p. 490, § 2. Amended by Laws 2009, c. 117, § 1, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 75. Statutes and Reports › §75-26.13. Numbering.

The Secretary of the Senate and the Chief Clerk of the House of Representatives shall, upon receipt of bills and resolutions for prefiling, number said bills and resolutions consecutively in the same manner as during regular legislative sessions and shall be responsible for the safekeeping of the such bills and resolutions.
Laws 1959, p. 490, § 3.
2023 Oklahoma Statutes › Title 75. Statutes and Reports › §75-26.14. Referring of bills upon convening of session - Introduction and reading.

Immediately upon the convening of each regular session of the Legislature, the Secretary of the Senate and the Chief Clerk of the House of Representatives shall refer all prefiled bills and resolutions to the respective presiding officers of the two (2) houses of the Legislature. All bills and resolutions prefiled, in accordance herewith, shall, prior to the introduction of bills and resolutions, be placed immediately upon first reading in the same manner as bills and resolutions introduced after the convening of the Legislature. Bills and resolutions introduced after the first reading of prefiled bills and resolutions shall be numbered consecutively with said prefiled bills and resolutions, respectively, in the manner provided by legislative rules for bills and resolutions introduced after the convening of the Legislature.
Laws 1959, p. 490, § 4; Laws 1981, c. 272, § 39, eff. July 1, 1981.
2023 Oklahoma Statutes › Title 75. Statutes and Reports › §75-26.41. Submission of the question - Procedure.

When a question, "Shall the Legislature of this state ratify a proposed amendment of the Constitution of the United States," is for legislative decision, said matter shall be introduced by joint resolution. In each house the joint resolution submitting said proposal shall be read in full on three (3) different days but, in either house, the first reading may be dispensed with by two-thirds (2/3) vote of the quorum present. Following the second reading the joint resolution by which the proposed Constitutional amendment is presented shall be assigned to committee. After favorable committee report, the joint resolution by which the proposed amendment of the United States Constitution is presented shall be placed on the calendar for third reading and final passage. When the joint resolution is considered on final passage, the question shall be "Shall the proposed amendment of the United States Constitution be ratified?", which question shall be decided by roll call vote, opportunity being given first for debate. Unless a majority of the members elected to and constituting the membership of the body considering the question vote in favor of ratifying the amendment of the Constitution, the same shall have failed. If a majority of the members elected to and constituting the membership of the body indicate their approval, the presiding officer shall sign the joint resolution and direct that it be made available to the other, or second, legislative house.
The procedure shall be the same in each legislative house except that the presiding officer of the second house that has by vote approved said ratification of the amendment of the United States Constitution shall sign the joint resolution and attest to the state's action, through its Legislature, of ratifying the said Constitutional amendment.
Laws 1974, c. 182, § 1.
2023 Oklahoma Statutes › Title 75. Statutes and Reports › §75-26.42. Expiration of approval - Rescission of ratification.

The joint resolution shall expire on the date of sine die adjournment of the 2nd Session of the Legislature by which it was adopted unless the resolution states another expiration date. The joint resolution shall not be counted in favor of ratification after the expiration date thereof. The Legislature may rescind any ratification resolution previously approved; in which event, the ratification resolution shall not be counted in favor of ratification if such rescission occurs before the proposed amendment becomes part of the United States Constitution.
Laws 1974, c. 182, § 2.
2023 Oklahoma Statutes › Title 75. Statutes and Reports › §75-27. Declaration and designation of reports of decisions of Supreme Court and Criminal Court of Appeals.

From and after the effective date of this act the Supreme Court and the Criminal Court of Appeals shall have authority, in such manner as they deem advisable, to declare the published volumes of the decisions of the Supreme Court and the Criminal Court of Appeals of the State of Oklahoma, as the same may be published by one or more persons, firms or corporations, and containing only the decisions of the Supreme Court of Oklahoma and/or the Criminal Court of Appeals of Oklahoma, to be official reports of the decisions of said Courts, whether the decisions of said Courts are published in separate volumes or the same volume.
Laws 1953, p. 425, § 2, eff. Jan. 1, 1954.
2023 Oklahoma Statutes › Title 75. Statutes and Reports › §75-192. Oklahoma Statutes – Certification by the Justices of the Oklahoma Supreme Court – Adoption as official Statutes.

A. The Oklahoma Statutes shall be certified by the Justices of the Oklahoma Supreme Court and adopted as the official Statutes of the State of Oklahoma and after certification be in full force and effect. Provided, however, that this section shall not be construed to repeal or in any way affect or modify any special or local laws or any law making an appropriation or any law relating to any special election or validating act, or any law affecting any bond issue or by which any bond issue may have been authorized, nor to affect any pending proceedings or any existing rights or remedies, nor the running of the statutes of limitations in force at the time of the approval of this section; but all such local and special laws, laws making appropriations, laws relating to special elections, validating acts, and laws relating to or authorizing bond issues, pending proceedings, and existing rights and remedies, and statutes of limitations running and in force at the time of the approval of this section shall continue and exist in all respects as if this section had not been passed. Provided, further, that this section shall not be construed to alter, change, impair, disparage, vest or divest, or in any way affect any right or interest in the United States, the State of Oklahoma, any Indian tribes or Nations of Indians within the State of Oklahoma, nor shall the same be construed to repeal any act of the Legislature of the State of Oklahoma.
B. The Secretary of State shall issue a proclamation and publish it in a newspaper of general circulation within the State of Oklahoma stating the date upon which the statutes were published.
Added by Laws 2012, c. 293, § 1, emerg. eff. May 25, 2012. Amended by Laws 2020, c. 44, § 2, eff. Nov. 1, 2020.
2023 Oklahoma Statutes › Title 75. Statutes and Reports › §75-250. Short title.

A. This section and Sections 250.1 through 323 of this title shall be known and may be cited as the "Administrative Procedures Act".
B. All statutes hereinafter enacted and codified as part of the Administrative Procedures Act shall be considered and deemed part of the Administrative Procedures Act.
Added by Laws 1987, c. 207, § 1. Amended by Laws 1989, c. 360, § 1, emerg. eff. June 3, 1989; Laws 1997, c. 206, § 2, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 75. Statutes and Reports › §75-250.1. Composition of act.

A. The Administrative Procedures Act shall be composed of two Articles. Sections 250, 250.1, 250.3, 250.4, 250.5 and 250.8 of this title are applicable to both Articles I and II. Article I relating to agency filing and publication requirements for rules shall consist of Sections 250.2, 250.6, 250.7 and 250.9 through 308.2 of this title and Section 5 of this act. Article II relating to agency notice and hearing requirements for individual proceedings shall consist of Sections 308a through 323 of this title.
B. Except as otherwise specifically provided in Section 250.4 of this title, all agencies shall comply with the provisions of Article I and Article II of the Administrative Procedures Act.
Added by Laws 1987, c. 207, § 2. Amended by Laws 1989, c. 360, § 2, emerg. eff. June 3, 1989; Laws 1997, c. 206, § 3, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 75. Statutes and Reports › §75-250.2. Legislative intent.

A. Article V of the Oklahoma Constitution vests in the Legislature the power to make laws, and thereby to establish agencies and to designate agency functions, budgets and purposes. Article VI of the Oklahoma Constitution charges the Executive Branch of Government with the responsibility to implement all measures enacted by the Legislature.
B. In creating agencies and designating their functions and purposes, the Legislature may delegate rulemaking authority to executive branch agencies to facilitate administration of legislative policy. The delegation of rulemaking authority is intended to eliminate the necessity of establishing every administrative aspect of general public policy by legislation. In so doing, however, the Legislature reserves to itself:
1. The right to retract any delegation of rulemaking authority unless otherwise precluded by the Oklahoma Constitution;
2. The right to establish any aspect of general policy by legislation, notwithstanding any delegation of rulemaking authority;
3. The right and responsibility to designate the method for rule promulgation, review, repeal and modification;
4. The right to approve or disapprove or repeal any adopted rule by joint resolution; and
5. The right to disapprove a proposed permanent, promulgated or emergency rule at any time if the Legislature determines such rule to be an imminent harm to the health, safety or welfare of the public or the state or if the Legislature determines that a rule is not consistent with legislative intent.
Added by Laws 1987, c. 207, § 3. Amended by Laws 1991, c. 326, § 1, eff. July 1, 1991; Laws 1992, c. 310, § 1, eff. July 1, 1992; Laws 2013, c. 357, § 1, eff. Nov. 1, 2013; Laws 2021, c. 11, § 1, eff. Sept. 1, 2021.
2023 Oklahoma Statutes › Title 75. Statutes and Reports › §75-250.4a. Exempt rules to be made for public inspection.

Any agency exempt from all or part of the Administrative Procedures Act pursuant to subsection A of Section 250.4 of this title shall maintain and make available for public inspection its exempt rules at its principal place of business and on any website associated with the agency.
Added by Laws 1997, c. 206, § 6, eff. Nov. 1, 1997. Amended by Laws 2005, c. 227, § 1, eff. Nov. 1, 2005; Laws 2021, c. 11, § 3, eff. Sept. 1, 2021.
2023 Oklahoma Statutes › Title 75. Statutes and Reports › §75-250.5. Act not to apply to certain governments, authorities, etc.

This act shall not apply to municipalities, counties, school districts, and other agencies of local government; nor to specialized agencies, authorities, and entities created by the legislature, performing essentially local functions, such as, but not limited to, Urban Renewal Authorities, Port Authorities, City and City-County Planning Commissions, Conservancy and other Districts, and public trusts having a municipality or county, or agency thereof, as beneficiary; but this act shall apply to public trusts having the state, or any department or agency thereof, as beneficiary.
Laws 1963, c. 371, § 24. Renumbered from § 324 by Laws 1987, c. 207, § 27.
2023 Oklahoma Statutes › Title 75. Statutes and Reports › §75-250.7. Conflicts between filed rules and published rules - Corrections of errors - Status of Code rules - Presumption of compliance with act.

A. Prior to publication in the "Code" or any of its supplements, in cases where there is a conflict between the finally adopted rules filed with the Office pursuant to Section 251 of this title and rules published in "The Oklahoma Register", the rules published in "The Oklahoma Register" pursuant to Section 255 of this title shall govern and shall constitute the official rule of the agency. Except as provided in subsection C of this section, permanent rules published in "The Oklahoma Register" shall be void and of no effect upon publication of the next succeeding "Code" or "Code" supplement, if not published in such "Code" or "Code" supplement.
B. The Secretary is authorized to establish procedures for correcting spelling errors in:
1. The finally adopted rules of any agency or any document submitted for publication in "The Oklahoma Register" or the "Code"; or
2. Any rules or other document published in "The Oklahoma Register".
C. Rules published in the "Code" and in the supplements thereto, and permanent rules published in "The Oklahoma Register" after the closing date for publication in the last preceding "Code" or "Code" supplement, as announced by the Secretary, but prior to publication of the next succeeding "Code" or "Code" supplement, shall constitute the official permanent rules of the state.
D. For any rule published in the "Code" or the supplements thereto, there shall be a rebuttable presumption that such rule has been promulgated in compliance with the Administrative Procedures Act.
Added by Laws 1988, c. 292, § 3, emerg. eff. July 1, 1988. Amended by Laws 1990, c. 300, § 4, eff. July 1, 1991; Laws 1991, c. 326, § 3, eff. July 1, 1991; Laws 1994, c. 384, § 3, eff. July 1, 1994; Laws 1997, c. 206, § 9, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 75. Statutes and Reports › §75-250.8. Time computations.

In computing any period of time prescribed or allowed by the Administrative Procedures Act, the day of the act, or event, from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday as defined by the Oklahoma Statutes or any other day when the receiving office does not remain open for public business until 4:00 p.m., in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday as defined by the Oklahoma Statutes, or any other day when the receiving office does not remain open for public business until 4:00 p.m.; provided, permanent rules shall become effective on the tenth day after the rules are published in “The Oklahoma Register”, as set forth in subsection B of Section 304 of this title, regardless of the day of the week.
Laws 1989, c. 360, § 4, emerg. eff. June 3, 1989. Amended by Laws 2004, c. 183, § 1, emerg. eff. May 3, 2004.
2023 Oklahoma Statutes › Title 75. Statutes and Reports › §75-250.9. Transfer of powers, duties and responsibilities of Director of Department of Libraries relating to publication of The Oklahoma Register and Administrative Code to Secretary of State.

There is hereby established an Office of Administrative Rules within the Office of the Secretary of State. The Office of Administrative Rules shall have the primary responsibility for publishing "The Oklahoma Register" and the "Oklahoma Administrative Code" and otherwise implementing the provisions of Article I of the Administrative Procedures Act. The Secretary of State shall provide for the adequate staffing of the Office to implement the provisions of this section including but not limited to an editor-in-chief.
Added by Laws 1990, c. 300, § 5, eff. July 1, 1991. Amended by Laws 1991, c. 326, § 4, eff. July 1, 1991; Laws 1997, c. 206, § 10, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 75. Statutes and Reports › §75-250.10. Request for agency review of rules.

The Governor by Executive Order or either house of the Legislature or both houses of the Legislature by resolution, or a small business, may request an agency to review its rules to determine whether or not the rules in question should be amended, repealed or redrafted. The agency shall respond to requests from the Governor or the Legislature within thirty (30) calendar days of such request. The agency shall respond to requests made by a small business within ninety (90) calendar days.
Added by Laws 1994, c. 384, § 11, eff. July 1, 1994. Amended by Laws 2002, c. 495, § 7, eff. July 1, 2002; Laws 2013, c. 227, § 49, eff. Nov. 1, 2013; Laws 2021, c. 11, § 5, eff. Sept. 1, 2021.
2023 Oklahoma Statutes › Title 75. Statutes and Reports › §75-252. Filing as condition of validity - Notification of failure to comply.

A. Any rule, amendment, revision, or revocation of an existing rule made by an agency on or after October 16, 1987, may be held void and of no effect pursuant to Sections 306 and 307 of this title. All provisions herein shall also apply to all agencies that may hereafter be created. All courts, boards, commissions, agencies, authorities, instrumentalities, and officers of the State of Oklahoma shall take judicial or official notice of any rule, amendment, revision, or revocation of an existing rule promulgated pursuant to the provisions of the Administrative Procedures Act.
B. Upon failure of an agency to comply with the provisions of Sections 251 through 256 of this title except when not applicable, the Secretary shall forward a written notice of the failure to comply to the chief administrative officer of the agency. The notice shall state a reasonable time, not to exceed thirty (30) calendar days, in which the agency shall fully comply. Further failure to comply shall be reported in writing to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Governor, and the Attorney General. Upon such notification, the Attorney General shall immediately seek agency compliance and if required, to institute mandamus proceedings to secure compliance by said agency.
Laws 1961, p. 603, § 2; Laws 1987, c. 207, § 5; Laws 1988, c. 292, § 5, emerg. eff. July 1, 1988; Laws 1989, c. 360, § 6, emerg. eff. June 3, 1989; Laws 1990, c. 300, § 7, eff. July 1, 1991.
2023 Oklahoma Statutes › Title 75. Statutes and Reports › §75-254. Attestation of rules - Proof of publication - Copies - Preservation.

A. Prior to the submission to the Governor of emergency rules, or prior to the transmission of a finally adopted rule to the Secretary, the rulemaking authority or its designee shall attest:
1. To the correctness of copies of any rule and any amendment, revision, or revocation thereof; and
2. That such rules were made and adopted if the rules are emergency rules or finally adopted if the rules are permanent rules in substantial compliance with the Administrative Procedures Act.
Such attested rules shall then be transmitted to the Secretary or if the rules are emergency to the Governor's office, for filing and publication pursuant to the Administrative Procedures Act.
B. Upon publication of such transmitted rules pursuant to Section 255 of this title, the Secretary shall send proof of publication to the agency submitting the rules for publication. The agency submitting the rules shall make such rules available to the public in accordance with the Open Records Act.
C. Copies of such rules shall be permanently preserved by the Secretary.
Added by Laws 1961, p. 603, § 4. Amended by Laws 1987, c. 207, § 7; Laws 1988, c. 292, § 8, emerg. eff. July 1, 1988; Laws 1990, c. 300, § 9, eff. July 1, 1991; Laws 1998, c. 239, § 6, eff. Nov. 1, 1998.
2023 Oklahoma Statutes › Title 75. Statutes and Reports › §75-255. Publication of The Oklahoma Register - Publication of rules and regulations.

A. 1. The Secretary is hereby authorized, directed, and empowered to publish "The Oklahoma Register" not less than monthly for the publication of new rules, any amendment, revision or revocation of an existing rule, emergency rules, any notices of such rulemaking process and Executive Orders as are required by law to be published in "The Oklahoma Register". Said rules or amendments, revisions, or revocations of existing rules shall be published in the first issue of "The Oklahoma Register" published pursuant to Sections 251, 253, 256, 303, 303.1, 303.2 and 308 of this title after the date of acceptance by the Secretary.
2. The Secretary shall cause a copy of each publication of "The Oklahoma Register" to be sent to those county clerks who request it, to members of the Legislature upon request, and to such other agencies, libraries, and officials as the Secretary may select. The Secretary may charge recipients of the publication a cost sufficient to defray the cost of publication and mailing.
3. The Secretary shall cause a copy of all rules, all new rules, and all amendments, revisions, or revocations of existing rules to be on file and available for public examination in the Office during normal office hours.
4. The Secretary shall promulgate rules to systematize the designations of rules. To establish said system or to preserve uniformity of designations, the Secretary may require the agency to change the title or numbering of any rule or any amendment, revision, or revocation thereof.
B. The Secretary is authorized to provide for the publication of rules in summary form when the rules are of such length that publication of the full text would be too costly. The summary shall be prepared by the agency submitting the rules and shall state where the full text of the rule may be obtained.
C. The notice required pursuant to the provisions of Section 303 of this title shall be published in "The Oklahoma Register" prior to the adoption of a new rule, or amendment, revision or revocation of any existing rule. The notice shall include the information required by Section 303 of this title.
Added by Laws 1961, p. 603, § 5. Amended by Laws 1983, c. 76, § 1, eff. Nov. 1, 1983; Laws 1987, c. 207, § 8; Laws 1988, c. 292, § 9, emerg. eff. July 1, 1988; Laws 1989, c. 360, § 8, emerg. eff. June 3, 1989; Laws 1990, c. 300, § 10, eff. July 1, 1991; Laws 1996, c. 35, § 1, eff. Nov. 1, 1996; Laws 1997, c. 206, § 13, eff. Nov. 1, 1997; Laws 1998, c. 239, § 7, eff. Nov. 1, 1998.
2023 Oklahoma Statutes › Title 75. Statutes and Reports › §75-256.3. Fees for copying, reproducing or certifying records.

The Office of Administrative Rules shall charge the public for the costs of copying, reproducing or certifying records of the Office of Administrative Rules pursuant to Section 24A.5 of Title 51 of the Oklahoma Statutes.
Added by Laws 1992, c. 310, § 5, eff. July 1, 1992.
2023 Oklahoma Statutes › Title 75. Statutes and Reports › §75-257. Implementation of Article I of Act - Legal assistance.

A. Upon the request of the Secretary, the Office of the Attorney General shall provide such legal assistance to the Office as is necessary to implement the provisions of Article I of the Administrative Procedures Act.
B. The Attorney General shall prepare and provide for the publication and distribution to the agencies, a pamphlet or information sheet as to the procedures required by the Administrative Procedures Act for the adoption, review, and promulgation of rules.
Added by Laws 1987, c. 207, § 10. Amended by Laws 1990, c. 300, § 14, eff. July 1, 1991.
2023 Oklahoma Statutes › Title 75. Statutes and Reports › §75-257.1. Reciprocal agreements for exchange of administrative codes - Offices entitled to free copy of Code.

A. The Secretary is authorized to enter into and make reciprocal agreements with other states to allow exchanges of administrative codes of such states.
B. 1. Each of the following offices shall be entitled to receive, as soon as available from the Secretary, without cost, one copy of the printed volumes of the "Code" and the supplements thereto or, upon request from an office, one copy of the “Code” and the supplements thereto on compact disc:
a.
County clerk of each county;
b.
Clerk of the Supreme Court;
c.
Attorney General;
d.
Governor;
e.
Speaker of the House of Representatives and the President Pro Tempore of the Senate;
f.
the Research, Legal and Fiscal Divisions of the House of Representatives;
g.
the Legislative Division of the Senate; and
h.
the Department of Libraries for the Law Library.
2. The Department of Libraries is authorized to obtain number of copies of the "Code" and the supplements thereto necessary for use for deposit with the Publications Clearinghouse pursuant to Sections 3-113.1 through 3-115 of Title 65 of the Oklahoma Statutes. The Secretary is authorized to retain sufficient copies for exchange purposes with other states for copies of their rules.
Added by Laws 1988, c. 292, § 13, emerg. eff. July 1, 1988. Amended by Laws 1990, c. 300, § 15, eff. July 1, 1991; Laws 1991, c. 326, § 8, eff. July 1, 1991; Laws 1997, c. 206, § 15, eff. Nov. 1, 1997; Laws 2005, c. 227, § 3, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 75. Statutes and Reports › §75-304. Filing of adopted rules - Effective date of adopted rule or Executive Order.

A. Each agency shall file copies of each rule finally adopted by it with the Secretary, as required by Section 251 of this title.
B. 1. Each rule finally adopted is effective ten (10) calendar days after publication in "The Oklahoma Register" pursuant to Section 255 of this title unless a later date is required by statute or specified in the rule, the agency rule report, or "The Oklahoma Register", the later date is the effective date. A rule shall only be applied prospectively from its effective date.
2.
a.
Subject to applicable constitutional or statutory provisions, an emergency rule becomes effective immediately or at a stated date after certification by the Governor. An emergency rule shall only be applied prospectively from its effective date.
b.
The agency shall take appropriate measures to make emergency rules known to the persons who may be affected by them.
C. Executive Orders signed by the Governor shall become effective upon the date specified therein or immediately upon issuance.
Added by Laws 1963, c. 371, § 4. Amended by Laws 1987, c. 207, § 15; Laws 1988, c. 292, § 16, emerg. eff. July 1, 1988; Laws 1990, c. 300, § 19, eff. July 1, 1991; Laws 1997, c. 206, § 19, eff. Nov. 1, 1997; Laws 1998, c. 239, § 13, eff. Nov. 1, 1998.
2023 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.
2023 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; and
4. that the laws and administrative rules relating to the adoption, review and promulgation of such rules were faithfully followed.
The provisions of this subsection shall not be construed to impair the power and duty of the Attorney General to review such rules and regulations and issue advisory opinions thereon.
D. A declaratory judgment may be rendered whether or not the plaintiff has requested the agency to pass upon the validity or applicability of the rule in question.
Laws 1963, c. 371, § 6; Laws 1977, c. 114, § 1, eff. Oct. 1, 1977; Laws 1987, c. 207, § 17.
2023 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.
2023 Oklahoma Statutes › Title 75. Statutes and Reports › §75-307.1. Legislative rule review – Rule committee – Standing committee of each house.

A. The Speaker of the House of Representatives and the President Pro Tempore of the Senate may establish a rule committee or designated standing committee of each such house to review administrative rules.
B. Such committees may meet as needed during sessions of the Legislature and in the interim.
C. The function of the committees shall be the review of all adopted agency administrative rules and the promotion of adequate and proper rules by agencies. Each committee may review all adopted rules and such other rules the committee deems appropriate and may make recommendations concerning such rules to its respective house of the Legislature, or to the agency adopting the rule, or to both its respective house of the Legislature and the agency.
D. In addition to the review of agency-adopted rules pursuant to this act, the committees shall have the power and duty to:
1. Conduct a continuous study and investigations as to whether additional legislation or changes in legislation are needed based on various factors, including but not limited to review of proposed rules, review of existing rules including but not limited to consideration of amendments to or repeal of existing rules, the lack of rules, the ability of agencies to promulgate such rules, the burden of administrative rules on the regulated community and the needs of administrative agencies;
2. Conduct a continuous study of the rulemaking process of all state agencies including those agencies exempted by Section 250.4 of this title for the purpose of improving the rulemaking process;
3. Conduct such other studies and investigations relating to rules as may be determined to be necessary by the Committee; and
4. Monitor and investigate compliance of agencies with the provisions of the Administrative Procedures Act, make periodic investigations of the rulemaking activities of all agencies and evaluate and report on all rules in terms of their propriety, legal adequacy, relation to constitutional or statutory authorization, economic and budgetary effects and public policy.
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; Laws 2023, c. 38, § 4, emerg. eff. April 20, 2023.
2023 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.
2023 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.
2023 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 the date established pursuant to paragraph 1 of subsection A of Section 308 of this title 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; Laws 2023, c. 38, § 6, emerg. eff. April 20, 2023.
2023 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.
2023 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; and
4. A short and plain statement of the matters asserted. If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter upon application a more definite and detailed statement shall be furnished.
C. Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved.
D. Deliberations by administrative heads, hearing examiners, and other persons authorized by law may be held in executive session pursuant to paragraph 8 of subsection B of Section 307 of Title 25 of the Oklahoma Statutes.
E. Unless precluded by law, informal disposition may be made of any individual proceeding by stipulation, agreed settlement, consent order, or default.
F. The record in an individual proceeding shall include:
1. All pleadings, motions and intermediate rulings;
2. Evidence received or considered at the individual proceeding;
3. A statement of matters officially noticed;
4. Questions and offers of proof, objections, and rulings thereon;
5. Proposed findings and exceptions;
6. Any decision, opinion, or report by the officer presiding at the hearing; and
7. All other evidence or data submitted to the hearing examiner or administrative head in connection with their consideration of the case provided all parties have had access to such evidence.
G. Oral proceedings shall be electronically recorded. Such recordings shall be maintained for such time so as to protect the record through judicial review. Copies of the recordings shall be provided by the agency at the request of any party to the proceeding. Costs of transcription of the recordings shall be borne by the party requesting the transcription. For judicial review, electronic recordings of an individual proceeding, as certified by the agency, may be submitted to the reviewing court by the agency as 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.
2023 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.
2023 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.
2023 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, and
f.
has not been engaged in the performance of investigative or prosecuting functions for the State Department of Health regarding the party receiving the final agency order; and
3. The Commissioner in delegating the authority to issue final agency orders adverse to a party pursuant to this section specifically designates by written agency policy and procedure the type or category of final agency order which may be issued by the administrative law judge.
B. The provisions of this section shall not be construed to authorize or allow restraints on the authority of the Commissioner to adopt, reject, review, modify or correct the findings of fact and conclusions of law or any proposed order issued by the administrative law judge.
C. When the administrative law judge issues a final agency order, that order becomes the final order of the State Department of Health without further proceeding unless there is a request for rehearing, reopening, or reconsideration pursuant to Section 317 of Title 75 of the Oklahoma Statutes or a filing for judicial review pursuant to Section 318 of Title 75 of the Oklahoma Statutes.
Added by Laws 1995, c. 317, § 2, emerg. eff. June 5, 1995.