§ 250.6. Commission for Human Services--Preemptive rules--Approval by Governor--Filing of appro...
Oklahoma Statutes AnnotatedTitle 75. Statutes and ReportsEffective: September 1, 2021
Effective: September 1, 2021
75 Okl.St.Ann. § 250.6
§ 250.6. Commission for Human Services--Preemptive rules--Approval by Governor--Filing of approval and rule--Publication--Disapproval by Legislature--Exemptions
B. 1. Upon the adoption of such preemptive rule by the Commission, the Director of the Department of Human Services shall request the Governor to approve the rules on the basis that such rules are required to comply with a federal law, federal rule, a state law enacted pursuant to federal law or rule, or order of a court of competent jurisdiction and which if such rules are not immediately adopted would result in a financial penalty, or a reduction, withholding or loss of federal funds.
2. Upon the filing of the request for approval of a preemptive rule, the Governor shall review such rule and decide as to whether such rule should be approved. Prior to approval of a preemptive rule, the Governor shall submit the preemptive rule to the Office of the Secretary of State for review of proper formatting unless the preemptive rule has been reviewed by the Office prior to agency submission to the Governor. Failure of the Governor to approve such rule within twenty-eight (28) calendar days shall constitute denial of the rule as a preemptive rule.
3. Upon approval of a preemptive rule, the Governor shall immediately notify the Commission. Upon receipt of notice of the approval of the preemptive rule, the Commission shall file the number of copies specified by the Secretary of the approval issued by the Governor and the number of copies specified by the Secretary of the preemptive rule with the Office pursuant to Section 251 of this title.
C. A preemptive rule shall be considered to be a permanent rule and shall remain in full force and effect unless and until specifically disapproved during the first thirty (30) legislative days of the next regular legislative session following promulgation of such preemptive rule or unless an earlier expiration date is specified by the Commission. The Legislature may disapprove such rule pursuant to Section 308 of this title. Any resolution introduced for the purpose of disapproving such rule shall not be subject to regular legislative cut off dates.
D. Except as otherwise provided by this section, preemptive rules shall be promulgated and published in compliance with Article I of the Administrative Procedures Act.1 Preemptive rules promulgated pursuant to the provisions of this section shall be exempt from the provisions of Sections 253, 303, 303.1, 303.2, 304, 308 and 308.1 of this title.
Laws 1988, c. 266, § 25, operative July 1, 1988; Laws 1990, c. 300, § 3, eff. July 1, 1991; Laws 1991, c. 326, § 2, eff. July 1, 1991; Laws 1994, c. 384, § 2, eff. July 1, 1994; Laws 1997, c. 206, § 8, eff. Nov. 1, 1997; Laws 1998, c. 239, § 3, eff. Nov. 1, 1998; Laws 2005, c. 227, § 2, eff. Nov. 1, 2005; Laws 2021, c. 11, § 4, eff. Sept. 1, 2021.
See Title 75, § 250.1 for composition of articles.
75 Okl. St. Ann. § 250.6, OK ST T. 75 § 250.6
Current with emergency effective legislation through Chapter 322 of the First Regular Session of the 59th Legislature (2023), and through Chapter 7 of the First Extraordinary Session of the 59th Legislature (2023). Some sections may be more current, see credits for details.
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