reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 5 - Rule Drafting Requirements › Section 655:10-5-6 - Superseded emergency actions; expired emergency rules

Current through Vol. 41, No. 20, July 1, 2024
(a)
Text affected.
(1)
Superseded amendments.
When an emergency amendment is superseded by a permanent action or another emergency action, which affects the same Section or Appendix, the later action must be prepared as an amendment to or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 The previous emergency action is superseded by the later action upon the effectiveness of the later action.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Superseded new Section/Appendix.
When an emergency enactment of a new Section or Appendix is superseded by a permanent enactment of the Section/Appendix, or another emergency enactment of the Section/Appendix, each action must be prepared as the enactment of new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 Emergency rule text is never amended, but is superseded by later rulemaking actions. The earlier emergency rule is superseded upon the effectiveness of the later rule.
(3)
Superseded revocations.
When an emergency revocation is superseded by a permanent or emergency revocation of the same Section or Appendix, the later revocation must be prepared as a revocation of the last promulgated permanent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.
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 5 - Rule Drafting Requirements › Section 655:10-5-6 - Superseded emergency actions; expired emergency rules

Current through Vol. 41, No. 20, July 1, 2024
(a)
Text affected.
(1)
Superseded amendments.
When
				an emergency amendment is superseded by a permanent action, another emergency
				action, or an expedited repeal which affects the same Section or Appendix, the
				later action must be prepared as an amendment 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 The previous emergency action is superseded by the later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Superseded new
				Section/Appendix.
When an emergency enactment of a new Section or
				Appendix is superseded by a permanent enactment of the Section/Appendix, or
				another emergency enactment of the Section/Appendix, 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 of the later rule.
(3)
Superseded revocations.
When
				an emergency revocation is superseded by a permanent or emergency revocation or
				an expedited repeal 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.
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 5 - Rule Drafting Requirements › Section 655:10-5-7 - "Required rules"

Current through Vol. 41, No. 20, July 1, 2024
(a)
"Required
				rules" defined.
The APA requires every agency to promulgate certain
				organizational and procedural rules. These "required rules" include the
				following:
(1) Rules which describe
the organization of the agency, stating the general course and method
				of the operations of the agency and the methods whereby the public may obtain
				information or make submissions or requests
[75:302(A)(1)].
(2)
Rules of practice setting forth
				the nature and requirements of all formal and informal procedures available,
				including a description of all forms and instructions issued by the agency for
				use by the public
[75:302(A)(2)].
(3) Rules prescribing
the form for
				petitions and the procedure for their submission, consideration, and
				disposition
[75:305].
(4)
				Rules providing for
the filing and prompt disposition of petitions for
				declaratory rulings as to the applicability of any rule or order of the
				agency
[75:307].
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 5 - Rule Drafting Requirements › Section 655:10-5-8 - Renumbering Sections and Appendices within a Chapter

Current through Vol. 41, No. 20, July 1, 2024
(a)
"Renumbering" defined; restrictions.
"Renumber" means to move a Section to an UNUSED Section number within the same Chapter.
(1) When moving Sections within a Chapter, the number newly-assigned to the Section must be an unused Section number. Other forms of renumbering are not allowed and are unnecessary pursuant to the following:
(A) When a Section is revoked, renumbering of the subsequent Sections is not allowed and is unnecessary because the number and source note of the revoked Section remain in the Code and the number/letter is not used again except pursuant to 655:10-3-30.
(B) When a Section is added between two existing Sections, renumbering of the subsequent Sections is not allowed and is unnecessary because the new Section is numbered/lettered pursuant to the decimal point system in 655:10-3-28.
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 5 - Rule Drafting Requirements › Section 655:10-5-8 - Renumbering Sections and Appendices within a Chapter

Current through Vol. 41, No. 20, July 1, 2024
(a)
"Renumbering" defined;
				restrictions.
"Renumber" means to move a Section to an UNUSED Section
				number within the same Chapter or to move an Appendix 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 Appendices is not allowed
				and is unnecessary because the number and source note of the revoked Section or
				Appendix remain in the Code and the number/letter 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, renumbering of the subsequent
				Sections or Appendices is not allowed and is unnecessary because the new
				Section or Appendix is numbered/lettered pursuant to the decimal point system
				in
				655:10-3-28.
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 5 - Rule Drafting Requirements › Section 655:10-5-10 - Use of definitions

Current through Vol. 41, No. 20, July 1, 2024
(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.
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 5 - Rule Drafting Requirements › Section 655:10-5-11 - "No change" policy [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 9 Ok Reg
				  2983, eff 7-13-92; Revoked at 15 Ok Reg 3353, eff
				  7-15-98
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 5 - Rule Drafting Requirements › Section 655:10-5-12 - Quoting and paraphrasing from legal instruments

Current through Vol. 41, No. 20, July 1, 2024
(a)
Quoted language.
Agencies
shall not unnecessarily repeat statutory language
[75:251(B)(2)(b)] 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 language in
				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.
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 5 - Rule Drafting Requirements › Section 655:10-5-12.1 - Cross references; "relating to"; ambiguous references

Current through Vol. 41, No. 20, July 1, 2024
(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 to this
				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 "this Part," or the full OAC citation.
(2)
Unnecessary terminology.
(A) Because every Section number is a unique
				number in the Code, it is not necessary to follow the Section number with such
				words as "in this Chapter," "in Chapter 10 of this Title," "in Part 1 of
				Subchapter 3 of 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) "When applying (e) of this
				Section..."
(3)
Table of internal (OAC)
				citations.
The table in Appendix A of 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)
Series of consecutive Sections.
When referring to a series of
				consecutive Sections, the first and last Sections in the series are joined with
				the word "through." "Et seq." is not used to reference a series of consecutive
				Sections in the Code.
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 5 - Rule Drafting Requirements › Section 655:10-5-13 - Amending, revoking, and adding graphics and appendices [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 9 Ok Reg
				  2983, eff 7-13-92; Revoked at 15 Ok Reg 3353, eff
				  7-15-98
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 5 - Rule Drafting Requirements › Section 655:10-5-14 - Writing taglines

Current through Vol. 41, No. 20, July 1, 2024
(a)
Content;
				topical "benchmarks".
A tagline consists of 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 brief and 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 to serve 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's
				tagline reads
"Due date for taxes,"
do not begin the Section's
				text with "They are 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) 21 years of age or older, and ... ."
				Instead, repeat the subject of the tagline as follows: "To be eligible for
				licensure by the Board as an electrician, each applicant must be:
(1) 21 years of age or older, and
				...."
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 5 - Rule Drafting Requirements › Section 655:10-5-15 - Incorporations by reference

Current through Vol. 41, No. 20, July 1, 2024
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(D)].
(1)
Lengthy standards.
When
				imposing standards of recognized organizations and technical societies, or
				state or federal agencies, the preferred method is to rewrite the standards as
				part of the rule. However, if the standard is lengthy,
in order to
				avoid unnecessary expense, an agency may ... incorporat[e] the standards ... in
				its rules ... by reference ... without reproducing the standards in
				full
[75:251(D)]. The agency rule which incorporates the standards
				shall identify
the specific issue or issues of publications in which
				the standards are published
[75:251(D)].
(2)
Text not 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 administrative offices of the agency.
[75:251(D)] The agency shall cite the hours when and the place where the
				standards are available to the public for examination. Such citation shall
				appear in the preamble [see
				655:10-7-11(b)(6)
				].
A copy of such standards shall be kept and maintained by the agency
				pursuant to the provisions of the Preservation of Essential Records
				Act.
[75:251(D)]
(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.
Amended at 9 Ok Reg
				  2983, eff 7-13-92
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 5 - Rule Drafting Requirements › Section 655:10-5-16 - Footnotes and endnotes

Current through Vol. 41, No. 20, July 1, 2024
(a)
Endnotes.
The use of endnotes in Sections is prohibited.
(b)
Footnotes.
Effective
				September 1, 1998, the use of footnotes in Sections is prohibited. Footnotes
				used in rules prior to September 1,1998 are considered part of the text of a
				Section.
Amended at 9 Ok Reg
				  2983, eff 7-13-92; Amended at 15 Ok Reg 3353, eff
				  7-15-98
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 5 - Rule Drafting Requirements › Section 655:10-5-17 - Agency Notes

Current through Vol. 41, No. 20, July 1, 2024
(a)
Not regulatory text.
Agency Notes are not considered regulatory text.
(b)
Applicability.
Agencies shall 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 underscoring do not mislead the 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 specifically reviewed and approved by the OAR.
(B) Agency Notes are used to clarify or identify something unique or unusual about a specific rulemaking ACTION rather than the rule 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 promulgated in the rule 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.
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 5 - Rule Drafting Requirements › Section 655:10-5-17 - Agency Notes

Current through Vol. 41, No. 20, July 1, 2024
(a)
Not
				regulatory text.
Agency Notes are not considered regulatory
				text.
(b)
Applicability.
Agencies shall 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
				underscoring do not mislead the 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 specifically approved by the
				OAR.
(B) Agency Notes are used to
				clarify or identify something unique or unusual about a specific rulemaking
				ACTION rather than the rule 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 promulgated in the rule 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.
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 5 - Rule Drafting Requirements › Section 655:10-5-18 - Effective dates

Current through Vol. 41, No. 20, July 1, 2024
The effective date of a rule or rules is not written into
				  regulatory text. The effective date of an action is stated in the preamble and
				  the enacting clause of a rule document.
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 5 - Rule Drafting Requirements › Section 655:10-5-19 - Acronyms and abbreviations

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Acronyms must be defined in rules. If an acronym is used throughout a Chapter,
				Subchapter, or Part, it must be defined in the appropriate definitions Section.
				If an acronym is used in a single Section, it must be defined in the Section's
				text. [See
				655:10-5-10
				(relating to definitions)]
(b)
				Abbreviations should 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
				and/or defined in a definitions Section. Certain abbreviations, such as F (for
				Fahrenheit) and C (for Celsius), are acceptable because of their widespread
				use.
Added at 9 Ok Reg 2983,
				  eff 7-13-92
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 5 - Rule Drafting Requirements › Section 655:10-5-20 - Enumerations; parallel structure; "floating" text [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 2983,
				  eff 7-13-92; Revoked at 15 Ok Reg 3353, eff
				  7-15-98
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 7 - Preparation of Documents › Part 1 - GENERAL PROVISIONS › Section 655:10-7-1 - Types of documents; inclusion in Code; excluded documents

Current through Vol. 41, No. 20, July 1, 2024
(a)
Rulemaking documents.
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's intention to adopt rules or the agency's compliance with certain other steps in the rulemaking process. Notice documents are published in the Register but are not included in the Code. [See Part 5 of this Subchapter (relating to notice documents)]
(2)
Rule documents.
Rule documents announce final adoption of permanent rules [75:250.3(5); 75:308.1(A)] or adoption of emergency or preemptive rules [75:253; 75:250.6]. [See also Part 3 of this Subchapter (relating to rule documents)]
(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.
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 7 - Preparation of Documents › Part 1 - GENERAL PROVISIONS › Section 655:10-7-1 - Types of documents; inclusion in Code; excluded documents

Current through Vol. 41, No. 20, July 1, 2024
(a)
Rulemaking documents.
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's intention to adopt rules or the agency's
				  compliance with certain other steps in the rulemaking process. Notice documents
				  are published in the Register but are not included in the Code. [See Part 5 of
				  this Subchapter (relating to notice documents)]
(2)
Rule documents.
Rule
				  documents announce final adoption of permanent rules [75:250.3(7);
				  75:308.1(A)], adoption of emergency or preemptive rules [75:253; 75:250.6], or
				  legislative adoption of expedited repeals of rules [75:303a]. [See also Part 3
				  of this Subchapter (relating to rule documents)]
(A)
Permanent, preemptive rules;
				  expedited repeals.
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 Governoror
				  as an expedited repeal that has been approved by the Legislature.
(B)
Emergency rules.
Emergency
				  rules are published in the Register but are not included in the
				  Code.
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 7 - Preparation of Documents › Part 1 - GENERAL PROVISIONS › Section 655:10-7-2 - Typing and word processing requirements

Current through Vol. 41, No. 20, July 1, 2024
When preparing rules and documents that 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 provided by the OAR as compatible with the software used for processing documents into the OAR's databases. [See also 655:10-9-1 (relating to electronic copies)]
(B) Set the font size to 11 or 12.
(C) 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).
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 7 - Preparation of Documents › Part 1 - GENERAL PROVISIONS › Section 655:10-7-2 - Typing and word processing requirements

Current through Vol. 41, No. 20, July 1, 2024
When preparing rules and documents that 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 processing
				  documents into the OAR's databases. If an agency does not know if its software
				  meets this requirement, the agency must contact the Office of Administrative
				  Rules. [See also
				  655:10-9-1
				  (relating to electronic copies)]
(B) Set paper size at 8½ by 11 inches.
				  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 at one inch. Set bottom margin at .5 inch (to
				  allow for page numbering, as described in
				  655:10-7-4
				  ).
(E) Set the font size to 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.
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 7 - Preparation of Documents › Part 1 - GENERAL PROVISIONS › Section 655:10-7-3 - Document headings

Current through Vol. 41, No. 20, July 1, 2024
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.
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 7 - Preparation of Documents › Part 1 - GENERAL PROVISIONS › Section 655:10-7-4 - Page numbering

Current through Vol. 41, No. 20, July 1, 2024
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.
Amended at 9 Ok Reg
					 2983, eff 7-13-92; Amended at 14 Ok Reg 1161, eff 4-1-97 (emergency); Amended
					 at 15 Ok Reg 3353, eff 7-15-98
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 7 - Preparation of Documents › Part 1 - GENERAL PROVISIONS › Section 655:10-7-5 - Quality of copy [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 9 Ok Reg
					 2983, eff 7-13-92; Revoked at 15 Ok Reg 3353, eff
					 7-15-98
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 7 - Preparation of Documents › Part 1 - GENERAL PROVISIONS › Section 655:10-7-6 - Transmittal sheet; liaison verification

Current through Vol. 41, No. 20, July 1, 2024
(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 at the left margin.
(B) Begin the contents required for each heading on the first line below the heading.
(C) Tab the first line of the contents, but do not tab subsequent lines of the contents.
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 7 - Preparation of Documents › Part 1 - GENERAL PROVISIONS › Section 655:10-7-6 - Transmittal sheet; liaison verification

Current through Vol. 41, No. 20, July 1, 2024
(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 at the left
				  margin.
(B) Begin the contents
				  required for each heading on the first line below the heading.
(C) Tab the first line of the contents, but
				  do not tab subsequent lines of the contents.
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 7 - Preparation of Documents › Part 3 - RULE DOCUMENTS › Section 655:10-7-10 - Types of rules and rule documents; rule document components; transmittal sheets

Current through Vol. 41, No. 20, July 1, 2024
(a)
Types of rules and rule documents.
A rule document contains either permanent, emergency, or preemptive rules, or expedited repeals of rules.
(1) A permanent rule document contains finally adopted permanent rules.
(2) An emergency rule document contains adopted emergency rules.
(3) A preemptive rule document contains adopted preemptive rules.
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 7 - Preparation of Documents › Part 3 - RULE DOCUMENTS › Section 655:10-7-10 - Types of rules and rule documents; rule document components; transmittal sheets

Current through Vol. 41, No. 20, July 1, 2024
(a)
Types of
				  rules and rule documents.
A rule document contains either permanent,
				  emergency, or preemptive rules, or expedited repeals of rules.
(1) A permanent rule document contains
				  finally adopted permanent rules.
(2) An emergency rule document contains
				  adopted emergency rules.
(3) A
				  preemptive rule document contains adopted preemptive rules.
(4) An expedited rule repeal document
				  contains rules that meet the criteria and have been approved by the Legislature
				  for repeal through the expedited process set forth in 75 O.S., Section
				  303a.
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 7 - Preparation of Documents › Part 3 - RULE DOCUMENTS › Section 655:10-7-10.1 - Register pages vs Code pages in the rule document [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg
					 2983, eff 7-13-92; Revoked at 14 Ok Reg 1161, eff 4-1-97 (emergency); Revoked
					 at 15 Ok Reg 3353, eff 7-15-98
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 7 - Preparation of Documents › Part 3 - RULE DOCUMENTS › Section 655:10-7-11 - Preamble for permanent, emergency, and preemptive rule documents

Current through Vol. 41, No. 20, July 1, 2024
(a)
Use; location; format.
(1)
Use; exception.
Each rule document submitted for Register publication, and each emergency or preemptive rule document submitted to the Governor and the Legislature (and later submission to the OAR for Register publication), must begin with a document heading [see 655:10-7-3],  followed by a preamble prepared pursuant to this Section.
(2)
Location.
The preamble begins two single spaces below the document heading [see 655:10-7-3] . The preamble is followed by the enacting clause [see 655:10-7-13],  or the summary if the text of the rules exceeds 75 pages [see 655:10-7-12] .
(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 at the left margin.
(ii) Begin the contents required for each heading and subheading on the first line below the heading or subheading.
(iii) Tab the first line of the contents, but do not tab 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 tabbed line under the heading.
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 7 - Preparation of Documents › Part 3 - RULE DOCUMENTS › Section 655:10-7-11 - Preamble for permanent, emergency, and preemptive rule documents

Current through Vol. 41, No. 20, July 1, 2024
(a)
Use; location; format.
(1)
Use; exception.
With the
				  exception of expedited rule repeal documents [see 655:10-7-11.1] , each rule
				  document submitted for Register publication, and each emergency or preemptive
				  rule document submitted to the Governor and the Legislature(and later
				  submission to the OAR for Register publication), must begin with a document
				  heading [see
				  655:10-7-3] ,
				  followed by a preamble prepared pursuant to this Section.
(2)
Location.
The preamble
				  begins two single spaces below the document heading [see
				  655:10-7-3] .
				  The preamble is followed by the enacting clause [see
				  655:10-7-13]
				  , or the summary if the text of the rules exceeds 75 pages [see
				  655:10-7-12]
				  .
(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 at the left margin.
(ii) Begin the contents required for each
				  heading and subheading on the first line below the heading or
				  subheading.
(iii) Tab the first
				  line of the contents, but do not tab 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 tabbed line under the
				  heading.
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 7 - Preparation of Documents › Part 3 - RULE DOCUMENTS › Section 655:10-7-12 - Summaries of lengthy rules

Current through Vol. 41, No. 20, July 1, 2024
When the regulatory text in a rule document exceeds 75
					 pages in length, the regulatory text is not published in the Register, but is
					 maintained in the official files. When the text exceeds 75 pages, 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 at the left
				  margin two single spaces below the preamble, type the following: DUE TO
				  EXCESSIVE LENGTH 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
				  INSPECTION AT (agency name and location) AND AT THE SECRETARY OF STATE'S OFFICE
				  OF ADMINISTRATIVE RULES. THE FOLLOWING SUMMARY HAS BEEN PREPARED PURSUANT TO 75
				  O.S., SECTION 255(B):.
(2)
				  Beginning two lines below the statement required in (1) of this subsection,
				  summarize the new, amended, or revoked rule(s) and
state where the full
				  text of the rule may be obtained
[75:255(B)] by interested
				  parties.
Amended at 9 Ok Reg
					 1289, eff 2-12-92 (emergency); Amended at 9 Ok Reg 2983, eff 7-13-92; Amended
					 at 15 Ok Reg 3353, eff 7-15-98
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 7 - Preparation of Documents › Part 3 - RULE DOCUMENTS › Section 655:10-7-13 - Enacting clause

Current through Vol. 41, No. 20, July 1, 2024
Beginning two single spaces below the preamble [see 655:10-7-11],  or the summary as set forth in 655:10-7-12 (if the text of the rules won't be published in the Register due to length), 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 CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF (date):
(2)
Emergency rules.
If the rules are emergency rules, type one of the following enacting clauses:
(A)
Effective upon Governor's approval.
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 655:10-7-11(b)(13)(B)(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 SET FORTH IN 75 O.S., SECTION 253(F):
(B)
Contingent effective date.
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 655:10-7-11(b)(13)(B)(ii)],  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(F), AND EFFECTIVE UPON APPROVAL BY THE GOVERNOR OR (date), WHICHEVER IS LATER:
(C)
Later effective date.
If the effective date cited by the agency in the preamble of the emergency rule document is a specific date that follows the completion of the Governor's review period [as described in 655:10-7-11(b)(13)(B)(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(F), WITH A LATER EFFECTIVE DATE OF (date):
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 7 - Preparation of Documents › Part 3 - RULE DOCUMENTS › Section 655:10-7-13 - Enacting clause

Current through Vol. 41, No. 20, July 1, 2024
Beginning two single spaces below the preamble [see
					 655:10-7-11]
					 , or the summary as set forth in
					 655:10-7-12
					 (if the text of the rules won't be published in the Register due to length),
					 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 CONSIDERED FINALLY ADOPTED AS
				  SET FORTH IN 75 O.S., SECTIONS 250.3(7) AND 308(E), WITH AN EFFECTIVE DATE OF
				  (date):
(2)
Emergency
				  rules.
If the rules are emergency rules, type one of the following
				  enacting clauses:
(A)
Effective upon
				  Governor's approval.
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
				  655:10-7-11(b)(13)(B)(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 SET FORTH IN 75 O.S., SECTION 253(F):
(B)
Contingent effective date.
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
				  655:10-7-11(b)(13)(B)(ii)]
				  , 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(F), AND EFFECTIVE UPON APPROVAL
				  BY THE GOVERNOR OR (date), WHICHEVER IS LATER:
(C)
Later effective date.
If the
				  effective date cited by the agency in the preamble of the emergency rule
				  document is a specific date that follows the completion of the Governor's
				  review period [as described in
				  655:10-7-11(b)(13)(B)(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(F), WITH A LATER EFFECTIVE DATE
				  OF (date):
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 7 - Preparation of Documents › Part 3 - RULE DOCUMENTS › Section 655:10-7-14 - Regulatory text

Current through Vol. 41, No. 20, July 1, 2024
Beginning two single spaces below the enacting clause described in 655:10-7-13, include the text of the adopted Sections and Appendices (if emergency or preemptive),the finally adopted Sections and Appendices (if permanent), including any applicable Subchapter and Part numbers and headings. Identify all revisions and additions to the text with strikeouts and underscoring, as required by 75:251(B)(2)(c) and 655:10-5-2 through 655:10-5-4
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 7 - Preparation of Documents › Part 3 - RULE DOCUMENTS › Section 655:10-7-14 - Regulatory text

Current through Vol. 41, No. 20, July 1, 2024
Beginning two single spaces below the enacting clause
					 described in
					 655:10-7-13,
					 include the text of the adopted Sections and Appendices (if emergency or
					 preemptive), the finally adopted Sections and Appendices (if permanent), or the
					 revoked Sections and Appendices (if expedited repeals), including any
					 applicable Subchapter and Part numbers and headings. Identify all revisions and
					 additions to the text with strikeouts and underscoring, as required by
					 75:251(B)(2)(c) and
					 655:10-5-2
					 through
					 655:10-5-4.
Amended at 9 Ok Reg
					 2983, eff 7-13-92; Amended at 14 Ok Reg 1161, eff 4-1-97 (emergency); Amended
					 at 15 Ok Reg 3353, eff 7-15-98
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 7 - Preparation of Documents › Part 3 - RULE DOCUMENTS › Section 655:10-7-15 - Supplemental information

Current through Vol. 41, No. 20, July 1, 2024
(a)
Use; publication.
Supplemental information in a rule document may only contain, when applicable,
brief notes, illustrations, findings of facts, and references to digests of Supreme Court cases, other court decisions, or Attorney General's opinions, and other explanatory material
[75:251(B)(2)(g)]. The text of supplemental information is not considered regulatory text. Supplemental information is not published but is maintained in the official Register/Code files.
(b)
Location; heading.
Agencies shall prepare supplemental information and submit supplement information to OAR to be maintained in official Register/Code files. Agencies shall type a heading on the first page of the supplemental information, as follows:
(1) Type "SUPPLEMENTAL INFORMATION" 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, singlespaced heading which is identical to the document heading [see 655:10-7-3] .
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 7 - Preparation of Documents › Part 3 - RULE DOCUMENTS › Section 655:10-7-15 - Supplemental information

Current through Vol. 41, No. 20, July 1, 2024
(a)
Use;
				  publication.
Supplemental information in a rule document may only
				  contain, when applicable,
brief notes, illustrations, findings of
				  facts, and references to digests of Supreme Court cases, other court decisions,
				  or Attorney General's opinions, and other explanatory material
[75:251(B)(2)(g)]. The text of supplemental information is not considered
				  regulatory text. Supplemental information is not published but is maintained in
				  the official Register/Code files.
(b)
Location; heading.
Agencies
				  shall begin supplemental information on a separate sheet of paper in the rule
				  document. Supplemental information shall follow the regulatory text [see
				  655:10-7-14]
				  and precede the attestation [see
				  655:10-7-16]
				  . Agencies shall type a heading on the first page of the supplemental
				  information, as follows:
(1) Type
				  "SUPPLEMENTAL INFORMATION" 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 [see
				  655:10-7-3]
				  .
Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 7 - Preparation of Documents › Part 3 - RULE DOCUMENTS › Section 655:10-7-16 - Attestations

Current through Vol. 41, No. 20, July 1, 2024
(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 Legislature (and subsequently to the OAR for 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.
(c)
Original signature.
The attestation in permanent rule documents submitted to the OAR must contain an original or electronic signature of an authorized attestation officer [see 655:10-1-6 (relating to agency representatives)]. Attestations in emergency and preemptive rule documents submitted to the OAR may be an electronic copy of the signed attestation previously filed with the Governor and Legislature for review.
(d)
Authorized signatures.
Pursuant to 655:10-1-6, 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 655:10-1-6(d).
(e)
Contents.
Attestations for rule documents must be worded as follows, and contain an authorized signature:
(1)
Permanent, emergency, preemptive rules.
(A)
First paragraph.
The language of the first paragraph must read: (I, We), the undersigned, do hereby attest that the copy enclosed herewith is a true and correct copy of (amendments to, additions to, revoked, new) (Chapter number), (Chapter heading) which (was, were) (adopted, considered finally adopted) by (title of rulemaking entity) on (date) under (emergency, preemptive, permanent) rulemaking provisions of the Administrative Procedures Act, 75 O.S., Sections 250 et seq.
(B)
Second paragraph.
The language of the second paragraph must read: (I, We), the undersigned, do hereby attest that such (rule, rules) (was, were) (adopted, finally adopted) in substantial compliance with the Administrative Procedures Act.