Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 15 - Department Manual, Rules, and Declaratory Rulings › Section 612:1-15-5 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this Subchapter,
				  shall have the following meaning unless the context clearly indicates
				  otherwise:
"Amendment"
means a revision to an existing
				  Section of internal policy or administrative rules which adds, modifies, or
				  deletes characters, words, phrases, sentences, or punctuation.
"APA"
means the Administrative Procedures Act,
				  75 O.S., Sections 250 et seq.
"Code"
means the Oklahoma Administrative Code,
				  which is the official compilation of codified rules authorized by 75 O.S.,
				  Section 256.
"Codified"
means accepted for inclusion in the
				  Oklahoma Administrative Code.
"Emergency rule"
means a temporary rule
				  promulgated because the agency documents that the rule is needed to respond to
				  an imminent peril to the preservation of the public health, safety, welfare, or
				  other compelling extraordinary circumstances.
"Internal policy"
means a Department statement
				  that implements, interprets, or prescribes procedure or practice requirements
				  for the internal operations of the Department that is approved by the Oklahoma
				  Commission for Rehabilitation Services. Internal policy is included in the
				  Internal Policy Manual and codified under the title "DRS:".
"OAC"
means the Oklahoma Administrative Code
				  authorized by 75 O.S., Section 256.
"OAR"
means the Office of Administrative Rules
				  within the Office of the Secretary of State. The OAR has primary responsibility
				  for implementing the provisions of Article I of the Administrative Procedures
				  Act.
"Proposed internal policy"
means a provision of
				  internal policy that is ready for submittal to the Oklahoma Commission for
				  Rehabilitation Services.
"Permanent rule"
means a rule which has been
				  reviewed and approved by the Governor and the Legislature prior to promulgation
				  and implementation of the rule.
"Proposed rule"
means an emergency or permanent
				  rule prior to final adoption in accordance with the APA.
"Register"
means the publication maintained by
				  the OAR which contains actions concerning and contents of rules and executive
				  orders, and known as the Oklahoma Register.
"Rule"
means an administrative rule governing
				  the operation of DRS and codified under Title 612 of the Oklahoma
				  Administrative Code. A rule is a statement of law of general applicability to
				  the operation of DRS and to entities and individuals of the public with whom
				  DRS interacts.
"Rulemaking action"
means any procedure, except
				  executive orders and local project funding contract announcements, which must
				  be published in the Register or Code under the APA, including:
(A) Notice of rulemaking intent.
(B) Notice of canceled hearing or comment period.
(C) Notice of continued hearing or comment period.
(D) Final adoption of a new permanent rule or of a permanent
				  amendment to or revocation of an existing rule.
(E) Promulgation of a new emergency rule or of an emergency
				  amendment to or emergency revocation of an existing permanent rule.
(F) Submission of a permanent rule for gubernatorial and
				  legislative review.
(G) Approval of a permanent rule by the Governor.
(H) Disapproval of a permanent rule by the Governor.
(I) Disapproval of a rule by the Legislature.
(J) Withdrawal of a rule from the rulemaking process.
(K) Notice of error in published document.
"Rulemaking entity"
means the board or
				  commission, in this case the Oklahoma Commission for Rehabilitation Services,
				  authorized to adopt and promulgate rules as defined in 75 O.S., Section
				  250.3(2).