§75-501. Short title.
Sections 1 through 6 of this act shall be known and may be cited as the “Oklahoma Small Business Regulatory Flexibility Act”. Added by Laws 2002, c. 495, § 1, eff. July 1, 2002.
§75-502. Definitions.
As used in the Oklahoma Small Business Regulatory Flexibility Act: 1. “Agency” is defined as provided by paragraph 3 of Section 250.3 of this title, except that agencies established by Title 59 of the Oklahoma Statutes that license and regulate or discipline professions and occupations shall be exempt from the definition of agency in the […]
§75-504. Proposed permanent rules – Determination of impact on small business.
A. Prior to submitting proposed permanent rules for adoption, amendment, revision or revocation pursuant to the Administrative Procedures Act, the agency shall comply with the provisions of paragraph 4 of subsection A of Section 303 of this title in order to determine whether the proposed rules adversely affect small business. B. The Oklahoma Small Business […]
§75-505. Promulgated rules – Petition objecting to adverse effect on small business.
A. For promulgated rules, any adversely affected small business may file a written petition with the agency that has promulgated the rules objecting to all or part of any rule adversely affecting small business on any of the following grounds: 1. The actual effect on small business was not reflected in, or significantly exceeded, the […]
§75-506. Waiver of administrative penalties or fines.
A. Notwithstanding any other law of this state, any agency authorized to assess administrative penalties or administrative fines upon a business may waive or reduce any administrative penalty or administrative fine for a violation of any statute, ordinance, or rules by a small business under the following conditions: 1. The small business corrects the violation […]
§75-507. Compliance with act – Mandated rules identical to federal rules and regulations.
A. Except as is otherwise specifically provided in this subsection, each agency is required to comply with Sections 501 through 506 of Title 75 of the Oklahoma Statutes. B. 1. The Commissioner of Public Safety shall be exempt from Sections 501 through 506 of Title 75 of the Oklahoma Statutes insofar as it is necessary […]
§75-308a. Jurisdiction.
The provisions of Article II of the Administrative Procedures Act govern the hearing procedures of agencies, and does not grant jurisdiction, not otherwise provided by law. The Legislature recognizes that agencies take actions and make decisions, other than by individual proceedings for which the right to judicial review is intended to be exercised pursuant to […]
§75-320. Transmission of record to reviewing court – Stipulations.
Within sixty (60) days after service of the petition for review or equivalent process upon it, or within such further time as the reviewing court, upon application for good cause shown, may allow, the agency shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under […]
§75-309. Individual proceedings – Notice – Hearing.
A. In an individual proceeding, all parties shall be afforded an opportunity for hearing after reasonable notice. B. The notice shall include: 1. A statement of the time, place and nature of the hearing; 2. A statement of the legal authority and jurisdiction under which the hearing is to be held; 3. A reference to […]
§75-321. Review without jury – Additional testimony.
The review shall be conducted by the court without a jury and shall be confined to the record, except that in cases of alleged irregularities in procedure before the agency, not shown in the record, testimony thereon may be taken in the court. The court, upon request, shall hear oral argument and receive written briefs. […]