§75-305. Petition requesting promulgation, amendment or repeal of a rule – Form and procedure.
An interested person may petition an agency requesting the promulgation, amendment, or repeal of a rule. Each agency shall prescribe by rule the form for petitions and the procedure for their submission, consideration, and disposition. Within thirty (30) calendar days after submission of a petition, the agency shall initiate rulemaking proceedings or provide a written […]
§75-306. Validity or applicability of rules – Action – Parties – Presumption of validity – Burden of proof when rule appealed – Declaratory judgment.
A. The validity or applicability of a rule may be determined in an action for declaratory judgment in the district court of the county of the residence of the person seeking relief or, at the option of such person, in the county wherein the rule is sought to be applied, if it is alleged the […]
§75-307. Filing and disposition of petitions for declaratory rulings – Judicial review.
Each agency shall provide by rule for the filing and prompt disposition of petitions for declaratory rulings as to the applicability of any rule or order of the agency. A declaratory ruling, or refusal to issue such ruling, shall be subject to a judicial review in the manner provided for review of decisions in individual […]
§75-307.1. Legislative rule review – Joint Committee on Administrative Rules.
A. The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall establish a joint rule committee to be designated as the Joint Committee on Administrative Rules. B. The President Pro Tempore and the Speaker shall appoint current members of the Senate and House of Representatives to the Committee. The […]
§75-253. Emergency rules.
A. 1. If an agency finds that a rule is necessary as an emergency measure, the rule may be promulgated pursuant to the provisions of this section, if the rule is first approved by the Governor. The Governor shall not approve the adoption, amendment, revision or revocation of a rule as an emergency measure unless […]
§75-308. Review of proposed rules by Legislature – Approval or disapproval.
A. Upon receipt of any adopted rules, the Speaker of the House of Representatives and the President Pro Tempore of the Senate shall assign such rules to the Joint Committee on Administrative Rules. Except as otherwise provided by this section: 1. If such rules are received on or before April 1, the Legislature shall have […]
§75-192. Oklahoma Statutes – Certification by the Justices of the Oklahoma Supreme Court – Adoption as official Statutes.
A. The Oklahoma Statutes shall be certified by the Justices of the Oklahoma Supreme Court and adopted as the official Statutes of the State of Oklahoma and after certification be in full force and effect. Provided, however, that this section shall not be construed to repeal or in any way affect or modify any special […]
§75-250. Short title.
A. This section and Sections 250.1 through 323 of this title shall be known and may be cited as the “Administrative Procedures Act”. B. All statutes hereinafter enacted and codified as part of the Administrative Procedures Act shall be considered and deemed part of the Administrative Procedures Act. Added by Laws 1987, c. 207, § […]
§75-250.1. Composition of act.
A. The Administrative Procedures Act shall be composed of two Articles. Sections 250, 250.1, 250.3, 250.4, 250.5 and 250.8 of this title are applicable to both Articles I and II. Article I relating to agency filing and publication requirements for rules shall consist of Sections 250.2, 250.6, 250.7 and 250.9 through 308.2 of this title […]
§75-250.2. Legislative intent.
A. Article V of the Oklahoma Constitution vests in the Legislature the power to make laws, and thereby to establish agencies and to designate agency functions, budgets and purposes. Article VI of the Oklahoma Constitution charges the Executive Branch of Government with the responsibility to implement all measures enacted by the Legislature. B. In creating […]