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§ 308. Review of proposed rules by Legislature--Approval or disapproval

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. § 308
§ 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 until the last day of the regular legislative session of that year to act on the recommendations of the Joint Committee on Administrative Rules; and
2. If such rules are received after April 1, the Legislature shall have until the last day of the regular legislative session of the next year to act on the recommendations of the Joint Committee on Administrative Rules.
B. By the adoption of joint resolutions during the review period specified in subsection A of this section, the Legislature may disapprove or approve any rule, disapprove all or part of a rule or rules and disapprove or approve the repeal of rules under the expedited repeal process pursuant to this act. Rules under consideration at a meeting of the Joint Committee on Administrative Rules during the interim may be acted upon by the Legislature at any time during session.
C. Unless otherwise authorized by the Legislature, whenever a rule is disapproved as provided in subsection B of this section, the agency adopting such rules shall not have authority to resubmit an identical rule, except during the first sixty (60) calendar days of the next regular legislative session. Any effective emergency rule which would have been superseded by a disapproved permanent rule shall be deemed null and void on the date the Legislature disapproves the permanent rule. Rules may be disapproved in part or in whole by the Legislature. Upon enactment of any joint resolution disapproving a rule, the agency shall file notice of such legislative disapproval with the Secretary for publication in “The Oklahoma Register”.
D. Unless otherwise provided by specific vote of the Legislature, joint resolutions introduced for purposes of disapproving or approving a rule or the omnibus joint resolution described in Section 308.3 of this title shall not be subject to regular legislative cutoff dates, shall be limited to such provisions as may be necessary for disapproval or approval of a rule, and any such other direction or mandate regarding the rule deemed necessary by the Legislature. The resolution shall contain no other provisions.
E. A proposed permanent rule shall be deemed finally adopted if:
1. Approved by the Legislature pursuant to Section 6 of this act, provided that any such joint resolution becomes law in accordance with Section 11 of Article VI of the Oklahoma Constitution;
2. Approved by a joint resolution pursuant to subsection B of this section, provided that any such resolution becomes law in accordance with Section 11 of Article VI of the Oklahoma Constitution; or
3. Disapproved by a joint resolution pursuant to subsection B of this section 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.
F. Prior to final adoption of a rule, an agency may withdraw a rule from legislative review. Notice of such withdrawal shall be given to the Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and to the Secretary for publication in “The Oklahoma Register”.
G. An agency may promulgate an emergency rule only pursuant to Section 253 of this title.
H. Any rights, privileges, or interests gained by any person by operation of an emergency rule, shall not be affected by reason of any subsequent disapproval or rejection of such rule by either house of the Legislature.

Credits

Laws 1963, c. 371, § 8; Laws 1975, c. 289, § 1, emerg. eff. June 5, 1975; Laws 1978, c. 253, § 1, emerg. eff. May 1, 1978; Laws 1981, c. 48, § 1; Laws 1982, c. 18, § 1, emerg. eff. March 23, 1982; Laws 1987, c. 207, § 21; Laws 1988, c. 292, § 19, emerg. eff. July 1, 1988; Laws 1989, c. 360, § 10, emerg. eff. June 3, 1989; Laws 1990, c. 300, § 20, eff. July 1, 1991; Laws 1991, c. 326, § 10, eff. July 1, 1991; Laws 1992, c. 310, § 6, eff. July 1, 1992; Laws 1994, c. 384, § 9, eff. July 1, 1994; Laws 1995, c. 1, § 39, emerg. eff. March 2, 1995; Laws 1997, c. 206, § 20, eff. Nov. 1, 1997; Laws 1998, c. 239, § 14, eff. Nov. 1, 1998; Laws 2011, c. 59, § 2, eff. Nov. 1, 2011; Laws 2013, c. 357, § 4, eff. Nov. 1, 2013; Laws 2021, c. 11, § 13, eff. Sept. 1, 2021.
75 Okl. St. Ann. § 308, OK ST T. 75 § 308
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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