Oklahoma Administrative Code › Title 655 - Secretary of State › Chapter 10 - Administrative Rules on Rulemaking › Subchapter 7 - Preparation of Documents › Part 3 - RULE DOCUMENTS › Section 655:10-7-11.1 - Preamble for expedited rule repeal documents

Current through Vol. 41, No. 20, July 1, 2024
(a)
Use.
Upon
final legislative adoption
[75:303a] of
				  a proposed expedited repeal of rules, the agency must file a document, as set
				  forth in this Section, with the OAR for publication in the Register.
(b)
Document heading.
The
				  expedited rule repeal document must begin with a document heading, as set forth
				  in
				  655:10-7-3.
(c)
Content of preamble.
The
				  document heading must be followed by a preamble prepared pursuant to this
				  Section.
(1)
Location.
The
				  preamble begins two single spaces below the document heading. 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]
				  .
(2)
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
REPEALEDRULES
[see (c)(3)(B)
				  of this Section], begin each rule number on a separate tabbed line under the
				  heading.
(3)
Content.
The preamble must be prepared in the style described in
				  (c)(2) of this Section and must contain the following headings and information:
(A)
Rulemaking action.
Under the
				  bolded heading "
RULEMAKING ACTION:
", type "EXPEDITED rule
				  repeals."
(B)
Repealed
				  rules.
Under the bolded heading "
REPEALED RULES:
", identify
				  repealed rules pursuant to the following:
(i)
Less than 30 Sections/Appendices affected.
If less than 30
				  Sections and/or Appendices are repealed:
(I)
				  cite each Section and Appendix, followed by the word [REVOKED]. If consecutive
				  Sections or Appendices are repealed, they may be grouped together (e.g.,
				  10:10-1-5 through 10:10-1-9 [REVOKED]; 10:10-1-15 through 10:10-1-17 [REVOKED];
				  Appendix C through Appendix G [REVOKED]), and
(II) include all applicable Subchapter and
				  Part numbers and headings, and add [REVOKED] following the Subchapter and Part
				  headings if all the Sections in that Subchapter or Part are being
				  repealed.
(ii)
30
				  or more Sections/Appendices affected.
If 30 or more Sections and/or
				  Appendices are repealed:
(I) cite the Chapter
				  number and heading, rather than citing each Section and Appendix,
				  and:
(II) identify whether the
				  entire Chapter is repealed (i.e., every Section and Appendix in the Chapter,
				  except those previously reserved, renumbered, or revoked, is being repealed),
				  and add the word [REVOKED] following the Chapter number and
				  heading.
(C)
Authority.
Under the bolded heading "
AUTHORITY:
":
(i) identify the rulemaking entity, as
				  defined in
				  655:10-1-2,
				  and
(ii) cite "75 O.S., Section
				  303a," which is the statute that sets out the criteria allowing for the
				  expedited repeal of rules.
(D)
Comment period.
Under the
				  bolded heading "
COMMENT PERIOD:
", cite the beginning date and
				  ending date of the comment period announced in the published Notice of
				  Expedited Repeal Request [see 655:10-7-26.1] .
(E)
Submission of proposed repeals to
				  Legislature.
Under the bolded heading "
SUBMISSION OF PROPOSED
				  REPEALS TO LEGISLATURE:
", cite the date the Notice of Expedited Repeal
				  Request was submitted to the Speaker of the House of Representatives, President
				  Pro Tempore of the Senate, and Joint Committee pursuant to 75 O.S., Section
				  303a.
(F)
Legislative
				  adoption.
Under the bolded heading "
LEGISLATIVE ADOPTION:
", type "Approved [effective date of joint resolution approving the expedited
				  repeal of the rules] by [number of joint resolution]." The effective date of
				  the resolution is the date the resolution was either approved by the Governor
				  pursuant to OKLA. Const. Art. 6, Section 11 or the Governor's veto was
				  overridden by the Legislature.
(G)
Effective.
Under the bolded heading "
EFFECTIVE:
",
				  cite the specific effective date of the expedited repeals. The effective date
				  may not be earlier than the effective date of the resolution approving the
				  expedited repeal of the rules, as identified in (F) of this
				  paragraph.
(H)
Superseded
				  emergency actions.
Under the bolded heading "
SUPERSEDED EMERGENCY
				  ACTIONS:
", cite one of the following:
(i)
Rules that do NOT supersede
				  emergency rules.
If the expedited repeals do not supersede emergency
				  rules that are in effect on the effective date of the expedited rule repeals,
				  as cited in (c)(3)(G) of this section, type "n/a."
(ii)
Rules that DO supersede emergency
				  rules.
If the rules do supersede emergency rules that are in effect on
				  the effective date of the expedited rule repeals, as cited in (c)(3)(G) of this
				  section, include the information in (I) through (IV) of this unit. If more than
				  one emergency action is being superseded, repeat (I) through (IV) for each
				  action.
(I)
Superseded rules.
Under the bolded subheading "
Superseded rules:
", identify the
				  superseded emergency rules by citing each Section and Appendix being
				  superseded, followed by the word [NEW], [AMENDED], [REVOKED], [RENUMBERED],
				  [AMENDED AND RENUMBERED], or [RESERVED], to identify the emergency status of
				  the Section or Appendix being superseded.
(II)
Gubernatorial approval.
Under the bolded subheading "
Gubernatorial approval:
", cite the
				  date the superseded emergency rules were approved by the Governor.
(III)
Register publication.
Under the bolded subheading "
Register publication:
", include the
				  full citation to the Register publication of the superseded emergency rules.
				  [see
				  655:10-15-6
				  (relating to citing the Register)]
(IV)
Docket number.
Under the
				  bolded subheading "
Docket number:
", cite the docket number
				  assigned to the rule document which contains the superseded emergency
				  rule(s).
(I)
Gist/analysis.
Under the bolded heading
				  "
GIST/ANALYSIS:
",
prepare, in plain language, a statement
				  of the gist of the
[rule repeals]
and an analysis of
the rule repeals. [75:251(B)(2)(f)]
(J)
Contact person.
Under the
				  bolded heading "
CONTACT PERSON:
", include the name, email address,
				  and phone number of a contact person for information regarding the expedited
				  repeals.
(K)
Additional
				  information.
Under the bolded heading "
ADDITIONAL
				  INFORMATION:
", cite any additional information determined by the agency
				  to be pertinent. The use of this category is optional.