Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 1 - Administration and Organization › Section 435:1-1-6 - Rulemaking procedures

Current through Vol. 41, No. 20, July 1, 2024
(a)
Submission of data.
Prior to the adoption, amendment, or repeal of
			 any rule, the Board shall afford any interested person a reasonable opportunity
			 to submit data, views, or arguments, orally or in writing, to the Board
			 concerning the proposed action on the rule. Should the proposed action on a
			 rule affect one's substantive rights, the opportunity for an oral hearing will
			 be granted if requested in writing by an individual or by an association. If no
			 substantive rights are involved, the opportunity for oral arguments or views is
			 in the discretion of the Board. The Board shall decide whether any substantive
			 rights are involved.
(b)
Petition on rules.
Any interested person may petition the Board
			 requesting the promulgation, amendment, or repeal of a rule. The petition shall
			 be filed with the Secretary of the Board and shall set forth in writing,
			 clearly and concisely, all matters pertaining to the requested action and
			 reasons for the request. The request should also state whether there is someone
			 known to the petitioner who is concerned with the subject and should be
			 notified of the hearing.
(c)
Hearing of petition.
The Board, at the next regularly scheduled
			 session after the completion of notice or at a special meeting specified in the
			 notice, will hear the petition and notify the petitioner of the ruling within
			 twenty (20) days after the decision. The Board may, at its discretion, postpone
			 the discussion and ruling of the petition until the next regularly scheduled
			 meeting or at a special meeting and all parties shall be notified of the
			 postponement.
(d)
APA notice
			 requirements.
In any rulemaking action, whether initiated by the Board
			 or by petition, the Board shall comply with the current notice requirements in
			 the Administrative Procedures Act [75 O.S., Section 301 et seq.].
(e)
Notice of rulemaking
			 proceedings.
The notice shall be mailed to all interested persons who
			 have made a request of the Board for advance notice of the rulemaking
			 proceedings, or who were specified in the petition for the rules, and shall be
			 published in the Oklahoma Gazette or its successor publication. Twenty (20)
			 days time shall be calculated from the date of the mailing of notice or the
			 publication, whichever is later.
(f)
Place for hearings.
Unless
			 otherwise specified by the Board as stated in the notice, all hearings shall be
			 conducted in the offices of the Board.
(g)
Appearance at hearings.
Any
			 person who is interested in or affected by a proposed action may appear at such
			 hearing. An appearance may be made individually, by an attorney, or by an
			 authorized agent.
(h)
Emergency rules.
Emergency rules may be adopted by the Board
			 without the prescribed notice and hearing in accordance with the provisions of
			 the Administrative Procedures Act in regard to emergency rules.
Amended at 11 Ok Reg 4525,
				eff 7-27-94 (emergency); Amended at 12 Ok Reg 1209, eff
				5-11-95