Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 1 - General Provisions › Section 655:10-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
In addition to terms defined in 75 O.S., Section 250.3, the
				  following words or terms, when used in this Chapter, shall have the following
				  meaning, unless the context clearly indicates otherwise:
"APA"
means the Administrative Procedures Act,
				  75 O.S., Sections 250 et seq.
"ARR"
means the Administrative Rules on
				  Rulemaking, OAC 655:10.
"Adopted rule"
means
a proposed
				  emergency
[or preemptive]
rulewhichhas beenapprovedby the
				  agency but has not been approved or disapproved by the Governor . . ., or a
				  proposed permanent rule that has beenapprovedby the agencyandhas not
				  beendisapproved by the Governorpursuant to
[75 O.S., Section
				  303(A)(6)]
, but has not been finally approved or disapproved by the
				  Legislature or the Governor
[75:250.3(2)]. [See also definitions of
				  "proposed rule" and "Governor's declaration" in this Section].
"Agency"
means
any constitutionally or
				  statutorily created state board, bureau, commission, office, authority, public
				  trust in which the state is a beneficiary, or interstate commission
[75:250.3(3)] with authority for rulemaking. Except, "agency" does not include
the Legislature or any branch, committee or officer thereof, and . . .
				  the courts
[75:250.3(3)]. [See also definition of "rulemaking entity"
				  in this Section]
"Amendment"
means a revision which adds,
				  modifies, or deletes characters, numbers, letters, words, phrases, sentences,
				  spaces, or punctuation in an existing section.
"Appendix"
means a division of the OAC which
				  contains one or more "graphics" (as defined in this Section). Appendices are
				  placed at the end of a Chapter. [See
				  655:10-3-37]
"Attestation"
means certification by an agency
				  as
to the correctness of copies of any rule . . . and that such rules
				  were made and adopted if the rules are emergency
[or preemptive]
rules or finally adopted if the rules are permanent rules in
				  substantial compliance with the Administrative Procedures Act
[75:254]. [See
				  655:10-7-16
				  (relating to attestations)]
"Chapter"
means a division of the OAC which
				  designates a broad area of regulatory control within an agency's Title. [See
				  also
				  655:10-3-22
				  (relating to Chapter numbers and headings)]
"Code"
means the publication authorized in 75
				  O.S., Section 256 and known as The Oklahoma Administrative Code, or, prior to
				  its publication, the compilation of codified rules authorized by 75 O.S.,
				  Section 256(A)(1)(a) and maintained in the OAR. [See also definition of "OAC"
				  in this Section]
"Codification date"
means the date a rule was
				  accepted for inclusion in the first official compilation of codified rules
				  authorized by 75 O.S., Section 256(A)(1)(a); except, the date of codification
				  for subsequently promulgated new rules is the effective date of the permanent
				  rulemaking action which establishes the rules.
"Docket number"
means the identification number
				  assigned to a document upon its receipt in the OAR. [See
				  655:10-15-4
				  (relating to docket numbers)]
"Document"
means the total body of information
				  required by the APA and ARR to be submitted for each rulemaking action,
				  Governor's declaration, or executive order to be published in the Register.
				  [See also Part 9 of Subchapter 7 of this Chapter (relating to scope of a
				  document)]
"Document heading"
means the two-part heading
				  required at the beginning of each notice document or rule document submitted to
				  the OAR. [See
				  655:10-7-3
				  (relating to document headings)]
"Emergency rule"
means a "rule," as defined in
				  the APA, which must be approved by the Governor under the special provisions of
				  75 O.S., Section 253 prior to promulgation of the rule.
"Enacting clause"
means the portion of a rule
				  document which proclaims the agency's rulemaking action and introduces the
				  finally adopted (if permanent) or adopted (if emergency or preemptive)
				  regulatory text. [See
				  655:10-7-13
				  (relating to enacting clauses)]
"Existing rule"
means an effective rule.
"Expedited repeal"
means
the procedure
				  utilized by a rule-making agency as specified in
75 O.S., Section 303a
				  [75:250.6(6)] to revoke a rule under the expedited repeal provisions of the
				  APA. [See also 655:10-7-11.1 (relating to expedited rule repeal documents) and
				  655:10-7-26.1 (relating to notices of expedited repeal requests)]
"Final legislative adoption"
or
"final
				  legislative approval"
means approval by the Legislature of a request for
				  expedited repeal of rules, as set forth in 75 O.S., Section 303a. These two
				  terms are used in 75 O.S., Section 303a(C) to describe the same legislative
				  action. [See also definitions of
"legislative adoption"
and
" legislative approval"
in this Section].
"Finally adopted"
or
"final
				  adoption"
means the approval of a proposed permanent rule upon the
				  occurrence of one of the following:
(A) legislative approval of the rule by joint resolution,
				  provided that the resolution has either been approved by the Governor pursuant
				  to OKLA. Const. Art. 6, Section 11 or the Governor's veto has been overridden
				  by the Legislature. [75:250.3(7)(a)]
(B) gubernatorial veto of a joint resolution disapproving the
				  rule, provided that the veto has not been overridden by the Legislature.
				  [75:250.3(7)(d)]
(C) gubernatorial approval of the rule by Governor's
				  declaration [see definition of "Governor's declaration" in this Section and
				  75:250.3(7)(b)].
"Governor's declaration"
means an action the
				  Governor may take to declare the approval and final adoption, or disapproval,
				  of proposed permanent rules that were:
(A) submitted to the Legislature and Governor on or before
				  April 1 and not subject to a joint resolution passed by Legislature and signed
				  by the Governor prior to sine die adjournment [75:303.8(C)]; or
(B) approved by the Legislature in a joint resolution, but
				  the joint resolution has been found by the Governor to have a technical legal
				  defect [75:308.3(C)]. [See also definition of "Technical legal defect" in this
				  Section]
"Graphics"
means tabular material, forms,
				  illustrations, diagrams, maps, charts, graphs, figures, or other pictorial
				  material. [See
				  655:10-3-37
				  (relating to graphics and appendices)]
"Joint committee"
means the Joint Committee on
				  Administrative Rules, as created by 75 O.S., Section 307.1, for year-round
				  joint review of proposed rules by the Oklahoma House of Representatives and the
				  Oklahoma Senate. [75:307.1]
"Legislative adoption"
or
"legislative
				  approval"
means approval by the Legislature of a request for expedited
				  repeal of rules, as set forth in 75 O.S., Section 303a. These two terms are
				  used in 75 O.S., Section 303a(C) to describe the same legislative action. [See
				  also definitions of
"final legislative adoption"
and
"final
				  legislative approval"
in this Section].
"Notice document"
means a "document," as defined
				  in this Section, which contains one of the following notices:
(A) Notice of rulemaking intent [75:303(A),(B),(C)].
(B) Notice of cancelled hearing or comment period
				  [655:10-7-27]
				  .
(C) Notice of continued hearing or comment period
				  [655:10-7-28]
				  .
(D) Statement of submission of permanent rules to Governor
				  and Legislature [75:303.1(C)].
(E) Notice of legislative disapproval of rules [75:308(C) and
				  655:10-7-32]
				  .
(F) Notice of withdrawn rules [75:308(F) and
				  655:10-7-33]
				  .
(G) Notice of error in published document [655:10-7-35]
				  .
(H) Notice of expedited repeal request [655:10-7-26.1] .
"OAC"
means the publication authorized by 75
				  O.S., Section 256 and known as The Oklahoma Administrative Code, or, prior to
				  its publication, the compilation of codified rules authorized by 75 O.S.,
				  Section 256(A)(1)(a) and maintained in the OAR. [See also definition of "Code"
				  in this Section]
"OAC number"
means a Title, Chapter, Subchapter,
				  Part, or Section number, or Appendix letter designation.
"OAR"
means the Office of Administrative Rules.
				  [See also definition of "Office of Administrative Rules" in this
				  Section]
"Office of Administrative Rules"
means the
				  office, created pursuant to 75 O.S., Section 250.9 within the Office of the
				  Secretary of State, with 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
[75:250.9]. [See also definition of "OAR" in this Section]
"Paragraph"
means the second level of
				  subdivision in a Section; a paragraph is a subdivision of a subsection in a
				  Section. [See
				  655:10-3-25
				  (relating to Section subdivisions)]
"Part"
means a division of the OAC which
				  contains a group of Sections related to the same subject within a Subchapter.
				  [See also
				  655:10-3-23
				  (relating to Part numbers and headings)]
"Permanent rule"
means a "rule," as defined in
				  the APA, which must be reviewed by the Governor and the agency's Cabinet
				  Secretary prior to adoption pursuant to 75 O.S., Section 303(6), and finally
				  adopted pursuant to 75 O.S., Sections 250.3(7) and 308(E) prior to promulgation
				  of the rule. [See also
				  655:10-7-10
				  (relating to types of rules)]
"Preamble"
means the portion of a rule document
				  that summarizes the rule(s) and the history of the rulemaking action, cites
				  legal authority, and functions as a preface to the rule(s). [See
				  655:10-7-11
				  (relating to preambles)]
"Preemptive rule"
means a "rule," as defined in
				  the APA, which is adopted by the Commission for Human Services and which must
				  be approved by the Governor under the special provisions of 75 O.S., Section
				  250.6 prior to promulgation of the rule.
"Proposed rule"
means an emergency or preemptive
				  rule prior to approval by the Governor, or a permanent rule prior to final
				  adoption as defined in 75O.S., Section 250.3(7) and this section, or an
				  expedited rule repeal prior to approval by the Legislature as set forth in 75
				  O.S., Section 303a.
"Register"
means the publication authorized in
				  75 O.S., Section 255 and known as The Oklahoma Register, successor publication
				  to The Oklahoma Gazette.
"Regulatory text"
means the language of any
				  "rule," as defined in 75 O.S., Section 250.3(19) and this Section; any text,
				  including graphics, which requires promulgation.
"Repeal"
means
"
revoke,
"
as used in this Chapter and as defined in this Section.
				  The term
"
repeal
"
is used in 75 O.S., Section 303a
				  to describe an
"
expedited repeal
"
of rules; however,
				  the term
"
revoke
"
is used in the Register and Code
				  publications to describe the repeal of a rule, including the expedited repeal
				  of a rule.
"Revocation"
or
"revoke"
means the
				  repeal of an existing rule (i.e., Section or Appendix) in its entirety. [See
				  also definition of
"repeal"
in this Section.]
"Rule"
means a Section or Appendix [see also
				  definition of "rule" in 75 O.S., Section 250.3(19)].
"Rule document"
means a "document," as defined
				  in this Section, which contains new rules or amendments to or revocations of
				  existing rules adopted by emergency or preemptive action or finally adopted by
				  permanent action, or expedited repeals that have received final legislative
				  approval [see definition of
"final legislative adoption"
or
"final legislative approval
" in this Section].
"Rulemaking action"
means any procedure, act, or
				  occurrence, except executive orders, which must be announced in or published in
				  the Register or Code under APA or ARR provisions, including:
(A) Notice of rulemaking intent [75:303(A),(B),(C)].
(B) Notice of expedited repeal request [75:303a]
(C) Notice of cancelled hearing or comment period
				  [655:10-7-27]
				  .
(D) Notice of continued hearing or comment period
				  [655:10-7-28]
				  .
(E) Final adoption of a permanent rule(s) [75:250.3(7),
				  75:308(E), and 75:308.3(C)].
(F) Final legislative adoption of an expedited rule repeal
				  [75:303a].
(G) Promulgation of an emergency rule(s) [75:253].
(H) Promulgation by the Commission for Human Services of a
				  preemptive rule(s) [75:250.6].
(I) Submission of an adopted permanent rule(s) to Governor,
				  Legislature, and Joint Committee on Administrative Rules [75:303.1(A)].
(J) Disapproval of a rule(s) by the Legislature [75:308 (B)
				  and 75:308.3(B)].
(K) Withdrawal of a proposed rule from the rulemaking process
				  [75:308(F), 75:253(K), and
				  655:10-7-33]
				  .
(L) Notice of error in a published document [655:10-7-35]
				  .
(M) Governor's declaration [75:308.3(C)].
"Rulemaking entity"
means the board, commission,
				  officer, or other person or entity legally authorized to adopt and promulgate
				  "rules," as defined in 75 O.S., Section 250.3(19).
"Section"
means a "rule," as defined in 75 O.S.,
				  Section 250.3(19); a division of the OAC which contains an agency statement(s)
				  about a specific regulatory topic within a Chapter, Subchapter, or Part. [See
				  655:10-3-24
				  (relating to Section numbers and taglines)]
"Section subdivision"
means any one of five
				  possible levels into which a Section may be separated. A maximum of five levels
				  of Section subdivisions may be used in a Section [see
				  655:10-3-25
				  (relating to Section subdivisions)]:
(A) Subsections
(B) Paragraphs
(C) Subparagraphs
(D) Units
(E) Subunits
"Section text"
means the "regulatory text" (as
				  defined in this Section) which follows the Section number and tagline in a
				  Section.
"Source note"
means the record of rulemaking
				  history which follows a Section, an Appendix, or a Subchapter or Chapter table
				  of contents in the Code. Source notes track the administrative history of a
				  rule. [See
				  655:10-17-6
				  (relating to Chapter, Subchapter, and Section/Appendix source notes)]
"Strikeout"
means a solid, horizontal line
				  through deleted regulatory text.
"Subchapter"
means a division of the OAC which
				  contains a group of Sections related to the same general subject area within a
				  Chapter. [See
				  655:10-3-23
				  (relating to Subchapter numbers and headings)]
"Subparagraph"
means the third level of
				  subdivision within a Section; a subparagraph is a subdivision of a paragraph in
				  a Section. [See
				  655:10-3-25
				  (relating to Section subdivisions)]
"Subsection"
means the first level of
				  subdivision in a Section. [See
				  655:10-3-25
				  (relating to Section subdivisions)]
"Subunit"
means the fifth level of subdivision
				  within a Section; a subunit is a subdivision of a unit in a Section; it is the
				  smallest possible subdivision of a Section. [See
				  655:10-3-25
				  (relating to Section subdivisions)]
"Technical legal defect"
means
an
				  error
[in a joint resolution approving and/or disapproving proposed
				  permanent rules, as set forth in 75 O.S., Section 308.3(C)]
that would
				  otherwise invalidate an action by a court of law
[75:250.3(23)]
"Title"
means the broadest division of the OAC;
				  a Title contains the rules of one agency. [See
				  655:10-3-21
				  (relating to Title numbers and headings)]
"Unit"
means the fourth level of subdivision
				  within a Section; a unit is a subdivision of a subparagraph in a Section. [See
				  655:10-3-25
				  (relating to Section subdivisions)]
"Working day"
means any day except Saturday,
				  Sunday, or a legal holiday for state employees as proclaimed by the
				  Governor.
Amended at 14 Ok Reg
				  1161, eff 4-1-97 (emergency); Amended at 15 Ok Reg 3353, eff 7-15-98; Amended
				  at 16 Ok Reg 2597, eff 7-1-99; Amended at 21 Ok Reg 2476, eff 7-1-04; Amended
				  at 29 Ok Reg 1719, eff 8-1-12