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§ 251. Furnishing copies of permanent rules--Rules for administration of Article 1--Filing of n...

Oklahoma Statutes AnnotatedTitle 75. Statutes and ReportsEffective: May 5, 2022

Oklahoma Statutes Annotated
Title 75. Statutes and Reports (Refs & Annos)
Chapter 8. Administrative Procedures Act (Refs & Annos)
Effective: May 5, 2022
75 Okl.St.Ann. § 251
§ 251. Furnishing copies of permanent rules--Rules for administration of Article 1--Filing of new rules and amendments, revisions or revocations--Format--Publication of executive orders--Military publications
A. 1. Upon the request of the Secretary, each agency shall furnish to the Office a complete set of its permanent rules in such form as is required by the Secretary or as otherwise provided by law.
2. The Secretary shall promulgate rules to ensure the effective administration of the provisions of Article I of the Administrative Procedures Act.1 The rules shall include, but are not limited to, rules prescribing paper size, numbering system, and the format of documents required to be filed pursuant to the provisions of the Administrative Procedures Act or such other requirements as deemed necessary by the Secretary to implement the provisions of the Administrative Procedures Act.
3. The website of each agency shall provide a link to the website of the Secretary of State where the rules of the agency are published.
B. 1. Each agency shall file the number of copies specified by the Secretary of all new rules, and all amendments, revisions or revocations of existing rules attested to by the agency, pursuant to the provisions of Section 254 of this title, with the Office within thirty (30) calendar days after they become finally adopted.
2. An agency filing rules pursuant to the provisions of this subsection:
a. shall prepare the rules in plain language which can be easily understood,
b. shall not unnecessarily repeat statutory language. Whenever it is necessary to refer to statutory language in order to effectively convey the meaning of a rule interpreting that language, the reference shall clearly indicate the portion of the language which is statutory and the portion which is the agency's amplification or interpretation of that language,
c. shall indicate whether a rule is new, amends an existing permanent rule or repeals an existing permanent rule. If a rule amends an existing rule, the rule shall indicate the language to be deleted typed with a line through the language and language to be inserted typed with the new language underscored,
d. shall state if the rule supersedes an existing emergency rule,
e. shall include a reference to any rule requiring a new or revised form in a note to the rule. The Secretary shall insert that reference in “The Oklahoma Register” as a notation to the affected rule,
f. shall prepare, in plain language, a statement of the gist of the rule and an analysis of new or amended rules. The analysis shall include but not be limited to a reference to any statute that the rule interprets, any related statute or any related rule,
g. may include with its rules, brief notes, illustrations, findings of facts, and references to digests of Supreme Court cases, other court decisions, or Attorney General's opinions, and other explanatory material. Such material may be included if the material is labeled or set forth in a manner which clearly distinguishes it from the rules,
h. shall include other information, in such form and in such manner as is required by the Secretary, and
i. may change the format of existing rules without any rulemaking action by the agency in order to comply with the standard provisions established by the Secretary for “Code” and “The Oklahoma Register” publication so long as there is no substantive change to the rule.
C. The Secretary is authorized to determine a numbering system and other standardized format for documents to be filed and may refuse to accept for publication any document that does not substantially conform to the promulgated rules of the Secretary.
D. In order to avoid unnecessary expense, an agency may use the published standards established by organizations and technical societies of recognized national standing, other state agencies, or federal agencies by incorporating the standards or rules in its rules or regulations by reference to the specific issue or issues of publications in which the standards are published, without reproducing the standards in full. The standards shall be readily available to the public for examination at the administrative offices of the agency. In addition, a copy of such standards shall be kept and maintained by the agency pursuant to the provisions of the Preservation of Essential Records Act.2
E. The Secretary shall provide for the publication of all Executive Orders received pursuant to the provisions of Section 664 of Title 74 of the Oklahoma Statutes.
F. The Secretary may authorize or require the filing of rules or Executive Orders by or through electronic data or machine readable equipment in such form and manner as is required by the Secretary.
G. In consultation with the Adjutant General, the Secretary shall establish a method for the publication and archiving of all military publications received by the Secretary of State from the Adjutant General pursuant to the Oklahoma Uniform Code of Military Justice3 and the Oklahoma State Guard Act.4 Military publications shall be defined in accordance with Section 801 of Title 44 of the Oklahoma Statutes. The Secretary may also authorize or require the filing of military publications by or through electronic means in such form and manner as is required by the Secretary. This subsection shall only apply to military publications promulgated after October 1, 2019.
H. On or before October 1, 2022, the Secretary shall commence publication of all military publications provided by the Adjutant General. On a biennial basis thereafter, the Secretary shall cause the military publications received in the course of the previous two (2) years to be published in a printed and bound format suitable for physical archiving in sufficient numbers to satisfy the requirements of the “Publications Clearinghouse” established in Section 3-113.3 of Title 65 of the Oklahoma Statutes.

Credits

Laws 1961, p. 602, § 1; Laws 1984, c. 154, § 1, eff. Nov. 1, 1984; Laws 1987, c. 207, § 4; Laws 1988, c. 292, § 4, emerg. eff. July 1, 1988; Laws 1989, c. 360, § 5, emerg. eff. June 3, 1989; Laws 1990, c. 300, § 6, eff. July 1, 1991; Laws 1991, c. 326, § 5, eff. July 1, 1991; Laws 1994, c. 384, § 4, eff. July 1, 1994; Laws 1997, c. 206, § 11, eff. Nov. 1, 1997; Laws 1998, c. 239, § 4, eff. Nov. 1, 1998; Laws 2016, c. 252, § 1, eff. Nov. 1, 2016; Laws 2019, c. 408, § 215, eff. Oct. 1, 2019; Laws 2021, c. 12, § 31, emerg. eff. April 13, 2021; Laws 2022, c. 228, § 55, emerg. eff. May 5, 2022.

Footnotes

See Title 75, § 250.1 for composition of articles.
Title 67, § 151 et seq.
Title 44, § 800 et seq.
Title 44, § 241 et seq.
75 Okl. St. Ann. § 251, OK ST T. 75 § 251
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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