Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 13 - Correction of Errors › Section 655:10-13-2 - Errors prior to Register publication

Current through Vol. 41, No. 20, July 1, 2024
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 contact the OAR for a determination as to whether the OAR is able to
				  accept the corrections, based on the following:
(1)
Timeliness.
The timeliness
				of the agency's request to correct an error(s) in a document filed with the OAR
				but not yet published will determine the OAR's ability to accept corrections on
				any document filed. This determination will be based on how far the OAR has
				progressed in its processing of that document at the time the request is
				received, as well as the impact a correction would have on the OAR's ability to
				complete the production and distribution of the applicable Register issue by
				the publication date.
(2)
Qualifying errors.
If the OAR determines the corrections to be
				timely, as described in (1) of this Section, the OAR will use the following
				additional criteria to determine if the errors may be corrected:
(A)
Notice documents.
Errors
				discovered in notice documents may be corrected prior to publication.
(B)
Permanent rule documents.
Errors discovered in permanent rule documents may be corrected prior to
				publication, unless the correction would cause a conflict with the following
				statutory provisions:
(i)
[T]he text
				of the rule submitted for publication shall be the same as the text of the rule
				that has been finally adopted
[75:308.1(B)], and
(ii) The agency may
change the format
				of . . . rules . . . to comply with the standard provisions established by the
				Secretary . . . so long as there is no substantive change to the rule
[75 O.S., Section 251(B)(2)(i)].
(C)
Emergency rule documents.
Emergency rule documents may not be corrected after approval by the Governor;
				except, the agency may change the format to comply with the ARR, as described
				in 75 O.S., Section 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.
(D)
Preemptive rule documents.
Preemptive rule documents may not be corrected after approval by the Governor;
				except, the agency may change the format to comply with the ARR, as described
				in 75 O.S., Section 251(B)(2)(i), before filing the preemptive rule document
				with the OAR. If these errors are discovered after the agency has submitted a
				preemptive rule document to the OAR [see
				655:10-9-1(c)(1)
				(relating to filing preemptive rule documents)] but prior to publication, the
				agency may correct the errors.
(E)
Expedited rule repeal documents.
Expedited rule repeal documents
				may not be corrected after final legislative adoption; except, the agency may
				change the format to comply with the ARR before filing the expedited rule
				repeal document with the OAR [see
				655:10-9-1(c)(3)
				(relating to filing expedited rule repeal documents)]. If these errors are
				discovered after the agency has submitted the expedited rule repeal document to
				the OAR but prior to publication, the agency may correct the
				errors.