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§ 250.3. Definitions

Oklahoma Statutes AnnotatedTitle 75. Statutes and ReportsEffective: September 1, 2021

Oklahoma Statutes Annotated
Title 75. Statutes and Reports (Refs & Annos)
Chapter 8. Administrative Procedures Act (Refs & Annos)
Effective: September 1, 2021
75 Okl.St.Ann. § 250.3
§ 250.3. Definitions
As used in the Administrative Procedures Act:
1. “Administrative head” means an official or agency body responsible pursuant to law for issuing final agency orders;
2. “Adopted” means a proposed emergency rule which has been approved by the agency but has not been approved or disapproved by the Governor as an emergency rule as provided by Section 253 of this title, or a proposed permanent rule which has been approved by the agency and not disapproved by the Governor pursuant to paragraph 6 of subsection A of Section 303 of this title, but has not been finally approved or disapproved by the Legislature or the Governor;
3. “Agency” includes but is not limited to any constitutionally or statutorily created state board, bureau, commission, office, authority, public trust in which the state is a beneficiary, or interstate commission, except:
a. the Legislature or any branch, committee or officer thereof, and
b. the courts;
4. “Concurrent majority” means a majority of members on the Joint Committee on Administrative Rules from both the Oklahoma Senate and the Oklahoma House of Representatives;
5. “Emergency rule” means a rule that is made pursuant to Section 253 of this title;
6. “Expedited repeal” means the procedure utilized by a rule-making agency as specified in Section 9 of this act;1
7. “Final rule” or “finally adopted rule” means a rule other than an emergency rule, which has not been published pursuant to Section 255 of this title but is otherwise in compliance with the requirements of the Administrative Procedures Act, and is:
a. approved by the Legislature pursuant to Section 308.3 of this title, provided that any such joint resolution becomes law in accordance with Section 11 of Article VI of the Oklahoma Constitution,
b. approved by the Governor pursuant to subsection C of Section 308.3 of this title,
c. approved by a joint resolution pursuant to subsection B of Section 308 of this title, provided that any such resolution becomes law in accordance with Section 11 of Article VI of the Oklahoma Constitution, or
d. disapproved by a joint resolution pursuant to subsection B of Section 308 of this title or Section 308.3 of this title, which has been vetoed by the Governor in accordance with Section 11 of Article VI of the Oklahoma Constitution and the veto has not been overridden;
8. “Final agency order” means an order that includes findings of fact and conclusions of law pursuant to Section 312 of this title, is dispositive of an individual proceeding unless there is a request for rehearing, reopening, or reconsideration pursuant to Section 317 of this title and which is subject to judicial review;
9. “Hearing examiner” means a person meeting the qualifications specified by Article II of the Administrative Procedures Act2 and who has been duly appointed by an agency to hold hearings and, as required, render orders or proposed orders;
10. “Individual proceeding” means the formal process employed by an agency having jurisdiction by law to resolve issues of law or fact between parties and which results in the exercise of discretion of a judicial nature;
11. “License” includes the whole or part of any agency permit, certificate, approval, registration, charter, or similar form of permission required by law;
12. “Office” means the Office of the Secretary of State;
13. “Order” means all or part of a formal or official decision made by an agency including but not limited to final agency orders;
14. “Party” means a person or agency named and participating, or properly seeking and entitled by law to participate, in an individual proceeding;
15. “Permanent rule” means a rule that is made pursuant to Section 303 of this title;
16. “Person” means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency;
17. “Political subdivision” means a county, city, incorporated town or school district within this state;
18. “Promulgated” means a finally adopted rule which has been filed and published in accordance with the provisions of the Administrative Procedures Act, or an emergency rule or preemptive rule which has been approved by the Governor;
19. “Rule” means any agency statement or group of related statements of general applicability and future effect that implements, interprets or prescribes law or policy, or describes the procedure or practice requirements of the agency. The term “rule” includes the amendment or revocation of an effective rule but does not include:
a. the issuance, renewal, denial, suspension or revocation or other sanction of an individual specific license,
b. the approval, disapproval or prescription of rates. For purposes of this subparagraph, the term “rates” shall not include fees or charges fixed by an agency for services provided by that agency including but not limited to fees charged for licensing, permitting, inspections or publications,
c. statements and memoranda concerning only the internal management of an agency and not affecting private rights or procedures available to the public,
d. declaratory rulings issued pursuant to Section 307 of this title,
e. orders by an agency, or
f. press releases or “agency news releases”, provided such releases are not for the purpose of interpreting, implementing or prescribing law or agency policy;
20. “Rulemaking” means the process employed by an agency for the formulation of a rule;
21. “Secretary” means the Secretary of State;
22. “Small business” means a for-profit enterprise consisting of fifty or fewer full-time or part-time employees; and
23. “Technical legal defect” means an error that would otherwise invalidate an action by a court of law.

Credits

Laws 1963, c. 371, § 1; Laws 1969, c. 128, § 1, emerg. eff. April 7, 1969; Laws 1978, c. 64, § 28; Laws 1983, c. 327, § 2; Laws 1985, c. 196, § 11, emerg. eff. June 26, 1985. Renumbered from Title 75, § 301 and amended by Laws 1987, c. 207, §§ 11, 27. Laws 1988, c. 292, § 1, emerg. eff. July 1, 1988; Laws 1989, c. 360, § 3, emerg. eff. June 3, 1989; Laws 1990, c. 300, § 1, eff. July 1, 1991; Laws 1992, c. 310, § 2, eff. July 1, 1992; Laws 1994, c. 182, § 1, eff. July 1, 1994; Laws 1997, c. 206, § 4, eff. Nov. 1, 1997; Laws 1998, c. 239, § 1, eff. Nov. 1, 1998; Laws 2010, c. 174, § 1, eff. Nov. 1, 2010; Laws 2013, c. 357, § 2, eff. Nov. 1, 2013; Laws 2021, c. 11, § 2, eff. Sept. 1, 2021.

Footnotes

Title 75, § 303a.
See Title 75, § 250.1 for composition of articles.
75 Okl. St. Ann. § 250.3, OK ST T. 75 § 250.3
Current with legislation of the Second Regular Session of the 58th Legislature (2022) effective through October 1, 2022. Some sections may be more current, see credits for details.
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