US Laws, Codes, Statutes & Cases

OKLAHOMA STATUTES

TITLE 75.

STATUTES AND REPORTS

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§75-1.  Repealed by Laws 1961, p. 609, § 1.

§75-2.  Repealed by Laws 1961, p. 609, § 1.

§75-3.  Repealed by Laws 1961, p. 609, § 1.

§7511.  Statutes defined.

The Statutes of Oklahoma are hereby defined to be:

First.  Original acts enacted by the Legislature.

Second.  Statutes taken from other sources and adopted and enacted by the Legislature as statutes of this state.

R.L. 1910, § 8147.

§7511a.  Construction of statutes  Severability.

In the construction of the statutes of this state, the following rules shall be observed:

1.  For any act enacted on or after July 1, 1989, unless there is a provision in the act that the act or any portion thereof or the application of the act shall not be severable, the provisions of every act or application of the act shall be severable.  If any provision or application of the act is found to be unconstitutional and void, the remaining provisions or applications of the act shall remain valid, unless the court finds:

a. the valid provisions or application of the act are so essentially and inseparably connected with, and so dependent upon, the void provisions that the court cannot presume the Legislature would have enacted the remaining valid provisions without the void one; or

b. the remaining valid provisions or applications of the act, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent.

2.  For acts enacted prior to July 1, 1989, whether or not such acts were enacted with an express provision for severability, it is the intent of the Oklahoma Legislature that the act or any portion of the act or application of the act shall be severable unless:

a. the construction of the provisions or application of the act would be inconsistent with the manifest intent of the Legislature;

b. the court finds the valid provisions of the act are so essentially and inseparably connected with and so dependent upon the void provisions that the court cannot presume the Legislature would have enacted the remaining valid provisions without the void one; or

c. the court finds the remaining valid provisions standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent.

Added by Laws 1989, c. 154, § 1, operative July 1, 1989.

§75-11b.  Renumbered as § 3921 of Title 74 by Laws 1999, c. 59, § 23, eff. July 1, 1999.

§7512.  Original acts shall govern.

In all cases where there is a conflict between the original acts and adopted statutes, the original acts shall govern, and the adopted statutes shall be deemed as repealed, amended, or modified thereby, without reference to the date of the approval of such original acts.  For purposes of this section, "original acts" means the enrolled documents of the acts as produced by the house of origin.

R.L. 1910, § 8148; Laws 1983, c. 164, § 1, emerg. eff. June 6, 1983.

§7512a.  Legislative bills and resolutions  Enrollment  Filing in office of Secretary of State.

Bills and resolutions referred to in Section 35, Article V of the Constitution of the State of Oklahoma, after their passage but before they are signed by the presiding officer of each house of the Legislature as provided in said section, shall be correctly enrolled in permanent ink on appropriate paper.  Bills and resolutions originating in one house of the Legislature which, after being duly passed and engrossed thereby, are sent to the other house and thereafter returned without amendment to the house in which same originated, shall, when referred for enrollment, be sent to the Office of Engrossing and Enrolling thereof, which office may cause each and every such engrossed bill or resolution, without retyping, to be reported properly enrolled for fourth reading and final signature by attaching or jacketing in the forefront thereof a proper jurat for certification by the presiding officer as to the previous passage of said bill or resolution.  After said bills and resolutions have been duly signed by the presiding officer of each house of the Legislature, and after same have been either affirmatively or negatively approved by the Governor or passed over his objections, as provided in Section 11, Article VI of the Constitution of the State of Oklahoma, they shall be filed in the office of the Secretary of State where they shall be permanently preserved.

Laws 1945, p. 480; Laws 1945, p. 491, § 1, emerg. eff. Jan. 23, 1945; Laws 1959, p. 367, § 1, emerg. eff. Feb. 24, 1959; Laws 1981, c. 272, § 37, eff. July 1, 1981.

§7513.  Distribution of statutes.

The Chief ClerkAdministrator of the House of Representatives is authorized to purchase the required number of statutes and session laws for distribution pursuant to the provisions of Section 14 of this title.

R.L. 1910, § 8149; Laws 1983, c. 164, § 2, emerg. eff. June 6, 1983.

§7514.  Free copies of statutes and session laws.

A.  The following officers shall be entitled to receive as soon as available from the state without cost copies of the printed volumes of the statutes and session laws of the state published or purchased by the Legislature, or under its authority, for distribution:

1.  Each state officer, including the Governor and Lieutenant Governor, the chief administrative officers and assistants of state departments, boards, and commissions, upon written application and request submitted to the Chief ClerkAdministrator of the Oklahoma House of Representatives, within sixty (60) days of January 1 of each year, and said volumes shall be distributed at the discretion of the Chief ClerkAdministrator of the Oklahoma House of Representatives; and

2.  Each member of the Legislature; and

3.  The Justices of the Supreme Court and the Judges of the Court of Criminal Appeals, and the clerk of said Courts; and

4.  The chief administrative officers of the state educational, benevolent, and penal institutions; and

5.  The judges of the district courts and district court clerks; and

6.  County clerks; and

7.  County treasurers; and

8.  County assessors; and

9.  District attorneys and one assistant district attorney in each county; and

10.  Sheriffs; and

11.  All members of the Oklahoma Congressional Delegation; and

12.  Each library association organized in any county, city, or town in this state for the benefit of the public.

B.  Fiftyfive (55) copies of the statutes and session laws shall be furnished to the law library of the College of Law of the University of Oklahoma, five copies to be kept for use therein and fifty copies for purposes of exchange.

C.  Five (5) copies of the statutes and session laws shall be placed in the library of Oklahoma State University at Stillwater, Oklahoma, for use therein.

D.  One hundred ten (110) copies of the statutes and session laws shall be furnished to the Oklahoma Department of Libraries for its use and exchange purposes.

E.  The Chief ClerkAdministrator may, in his discretion, furnish from any copies of such laws on hand to state officers other than those specified in this section for the use of their offices.

R.L. 1910, § 8150; Laws 1957, p. 550, § 1, emerg. eff. June 1, 1957; Laws 1959, p. 368, § 1, emerg. eff. July 15, 1959; Laws 1976, c. 209, § 1; Laws 1978, c. 165, § 12; Laws 1983, c. 164, § 3, emerg. eff. June 6, 1983.

§75-15.  Repealed by Laws 1983, c. 164, § 10, emerg. eff. June 6, 1983.

§75-16.  Repealed by Laws 1983, c. 164, § 10, emerg. eff. June 6, 1983.

§7517.  County clerks to make requisition  Distribution  Receipts.

The county clerks of the several counties of this state, by the first Monday of February next succeeding the time when any regular session of the Legislature shall be held, shall make a requisition upon the Chief ClerkAdministrator of the House of Representatives for as many copies of the laws of said session as may be required to supply one copy to each county or township officer entitled to the same pursuant to the provisions of Section 14 of this title.  The Chief ClerkAdministrator shall forward the number of copies called for by said requisition, to said clerk, either by express, or in any other secure manner.  The county clerk, upon receiving the laws, shall distribute them to the several officers entitled by law to the same, obtaining a receipt describing the volumes and the date delivered, which shall be filed in the office of the county clerk.

R.L. 1910, § 8153; Laws 1983, c. 164, § 4, emerg. eff. June 6, 1983.

§7518.  Laws to be delivered to successors in office.

Whenever any person is elected to fill any of the county or township offices, it shall be such person's duty, before taking possession of the office, to procure from the county clerk of his county a copy of the receipt filed by the outgoing officer for any volumes of the laws of this state.  A copy of the receipt shall be presented to his predecessor in office, at the time when he assumes the duties of his office, and shall require from his predecessor all the volumes of the laws which he may have received, as shown by the receipt on file with the county clerk.  It shall be the duty of said officer, after having received from his predecessor the volumes of the laws, to make out duplicate receipts of the same, one of said receipts to be given to his predecessor in office, and the other to be transmitted to the county clerk to be retained in his office.

R.L. 1910, § 8154; Laws 1983, c. 164, § 5, emerg. eff. June 6, 1983.

§7519.  Penalty for failure to deliver volumes of laws to successor in office.

Any person holding office in this state, or in any county or township thereof, upon relinquishing office to his successor, who fails or refuses to deliver to his successor in office all the volumes of laws that have come into his possession by virtue of holding such office shall be liable, upon conviction, to a fine of Fifty Dollars ($50.00), or to imprisonment in the county jail not exceeding twenty (20) days.  The person succeeding to the office of such delinquent shall file a complaint against him.  If the person so failing or refusing to deliver said volumes of laws can show to the satisfaction of the judge that said volumes have been destroyed or stolen in a manner for which the said delinquent person should not be held responsible, then no penalty shall be imposed.

R.L. 1910, § 8155; Laws 1983, c. 164, § 6, emerg. eff. June 6, 1983.

§7520.  Replacing missing copies.

Whenever any county or township officer entitled to a copy of the laws of this state shall, through the neglect or refusal of his predecessor in office to turn such laws over to him, or through loss for which said person cannot be held responsible, be without such laws, such person is authorized to make a written requisition upon the county clerk of his county for such volumes of the laws as may be required.  The clerk is authorized to purchase the needed volumes for the price set pursuant to law or written agreement for such volumes, which said amount shall be allowed by the board of county commissioners of said county of the official needing such replacement volumes.

R.L. 1910, § 8156; Laws 1983, c. 164, § 7, emerg. eff. June 6, 1983.

§75-21.  Repealed by Laws 1978, c. 165, § 14.

§7522.  Conflicting provisions.

If the provisions of any code, title, chapter or article conflict with or contravene the provisions of any former code, title, chapter or article, the provisions of the latter code, title, chapter or article must prevail as to all matter and questions arising thereunder out of the same subject matter.

Added by Laws 1985, c. 40, § 1, emerg. eff. April 19, 1985.

§75-23.  Repealed by Laws 1957, p. 550, § 3.

§7523.1.  Merging different versions of statute.

Except as otherwise provided by specific vote of the Legislature, a bill introduced for purposes of incorporating and merging different versions of a statute amended in more than one measure at the same or different sessions of the Legislature, which do not purport to amend other enacted versions of the same statute shall not be subject to regular legislative cutoff dates, shall be limited to such provisions as may be necessary for the purpose of incorporating and merging such versions of the same statute, and shall contain no other provisions.

Laws 1989, c. 353, § 13, emerg. eff. June 3, 1989.

§75-24.  Repealed by Laws 1957, p. 550, § 3.

§75-25.  Emergency laws - Distribution to court clerks as soon as possible.

It shall be the duty of the Secretary of State, as soon as possible after receipt by his or her office of any act or resolution, any Civil Probate or Criminal Procedure Act passed by the Oklahoma Legislature as an emergency measure, to provide access by the United States mail, facsimile, or electronic mail transmission to the court clerk of each county of this state a copy of such act or resolution.

Laws 1953, p. 425, § 1, emerg. eff. June 10, 1953; Laws 2005, c. 125, § 1, eff. July 1, 2005.

§7526.  Emergency laws  Binder for public examination  Duty of court clerks.

Immediately upon receipt from the Secretary of State of the acts and resolutions referred to in Section 1 hereof, it shall be the duty of the court clerk of each county to place the same in a binder, which shall be available for examination by the public.

Laws 1953, p. 425, § 2, emerg. eff. June 10, 1953.

§7526.1.  Duty of Attorney General to construe certain acts upon request  Blank forms.

It shall be the duty of the Attorney General after each session of the Legislature, upon request of the State Auditor and Inspector, or a member of the Legislature, officially to construe any act enacted by said session of the Legislature affecting the authority and duties of officers and departments of the state, the several counties, cities and towns, or school districts; and, when requested by the State Auditor and Inspector, the Attorney General shall assist the State Auditor and Inspector in the preparation of blank forms required for the administration of said acts and instructions for the administration and enforcement thereof.

Laws 1957, p. 550, § 1, emerg. eff. May 31, 1957; Laws 1979, c. 30, § 156, emerg. eff. April 6, 1979.

§7526.2.  Opinions and instructions to be distributed by State Auditor and Inspector.

The State Auditor and Inspector, as soon as practicable after the receipt of any opinion of the Attorney General addressed to the State Auditor and Inspector, shall mail a copy thereof together with any applicable instructions to such governing boards or other officers on their request or if they may be affected by such opinion; and the State Auditor and Inspector may cause the publication and distribution of any official opinions of the Attorney General.

Laws 1957, p. 550, § 2, emerg. eff. May 31, 1957; Laws 1979, c. 30, § 157, emerg. eff. April 6, 1979.

§7526.11.  Prefiling of bills and resolutions.

Beginning on the 15th day of November of each evennumbered year and ending at the time of sine die adjournment of the second regular session during the following evennumbered year, members of the first regular legislative session who have taken the required oath of office therefor and holdover members of the Senate are hereby authorized to prefile legislative bills and resolutions for introduction.  Such bills and resolutions shall be in the form required by the rules of the respective houses of the Legislature.

Laws 1959, p. 490, § 1; Laws 1965, c. 37, § 1, emerg. eff. Mar. 8, 1965; Laws 1967, c. 173, § 1, emerg. eff. May 1, 1967; Laws 1981, c. 272, § 38, eff. July 1, 1981.

§7526.12.  Manner and place of filing.

Senate bills and resolutions may be prefiled with the Secretary of the Senate; House of Representatives bills and resolutions may be prefiled with the Chief Clerk of the House of Representatives. Bills and resolutions are prefiled when delivered in person by the author or principal author thereof or mailed to the appropriate legislative official as provided herein.

Laws 1959, p. 490, § 2.

§7526.13.  Numbering.

The Secretary of the Senate and the Chief Clerk of the House of Representatives shall, upon receipt of bills and resolutions for prefiling, number said bills and resolutions consecutively in the same manner as during regular legislative sessions and shall be responsible for the safekeeping of the such bills and resolutions.

Laws 1959, p. 490, § 3.

§7526.14.  Referring of bills upon convening of session  Introduction and reading.

Immediately upon the convening of each regular session of the Legislature, the Secretary of the Senate and the Chief Clerk of the House of Representatives shall refer all prefiled bills and resolutions to the respective presiding officers of the two (2) houses of the Legislature.  All bills and resolutions prefiled, in accordance herewith, shall, prior to the introduction of bills and resolutions, be placed immediately upon first reading in the same manner as bills and resolutions introduced after the convening of the Legislature. Bills and resolutions introduced after the first reading of prefiled bills and resolutions shall be numbered consecutively with said prefiled bills and resolutions, respectively, in the manner provided by legislative rules for bills and resolutions introduced after the convening of the Legislature.

Laws 1959, p. 490, § 4; Laws 1981, c. 272, § 39, eff. July 1, 1981.

§75-26.21.  Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980.

§75-26.31.  Repealed by Laws 1975, c. 361, § 1.

§75-26.32.  Repealed by Laws 1975, c. 361, § 1.

§75-26.33.  Repealed by Laws 1975, c. 361, § 1.

§75-26.34.  Repealed by Laws 1975, c. 361, § 1.

§75-26.35.  Repealed by Laws 1975, c. 361, § 1.

§7526.41.  Submission of the question  Procedure.

When a question, "Shall the Legislature of this state ratify a proposed amendment of the Constitution of the United States," is for legislative decision, said matter shall be introduced by joint resolution.  In each house the joint resolution submitting said proposal shall be read in full on three (3) different days but, in either house, the first reading may be dispensed with by twothirds (2/3) vote of the quorum present.  Following the second reading the joint resolution by which the proposed Constitutional amendment is presented shall be assigned to committee.  After favorable committee report, the joint resolution by which the proposed amendment of the United States Constitution is presented shall be placed on the calendar for third reading and final passage.  When the joint resolution is considered on final passage, the question shall be "Shall the proposed amendment of the United States Constitution be ratified?", which question shall be decided by roll call vote, opportunity being given first for debate.  Unless a majority of the members elected to and constituting the membership of the body considering the question vote in favor of ratifying the amendment of the Constitution, the same shall have failed.  If a majority of the members elected to and constituting the membership of the body indicate their approval, the presiding officer shall sign the joint resolution and direct that it be made available to the other, or second, legislative house.

The procedure shall be the same in each legislative house except that the presiding officer of the second house that has by vote approved said ratification of the amendment of the United States Constitution shall sign the joint resolution and attest to the state's action, through its Legislature, of ratifying the said Constitutional amendment.

Laws 1974, c. 182, § 1.

§7526.42.  Expiration of approval  Rescission of ratification.

The joint resolution shall expire on the date of sine die adjournment of the 2nd Session of the Legislature by which it was adopted unless the resolution states another expiration date.  The joint resolution shall not be counted in favor of ratification after the expiration date thereof.  The Legislature may rescind any ratification resolution previously approved; in which event, the ratification resolution shall not be counted in favor of ratification if such rescission occurs before the proposed amendment becomes part of the United States Constitution.

Laws 1974, c. 182, § 2.

§7527.  Declaration and designation of reports of decisions of Supreme Court and Criminal Court of Appeals.

From and after the effective date of this act the Supreme Court and the Criminal Court of Appeals shall have authority, in such manner as they deem advisable, to declare the published volumes of the decisions of the Supreme Court and the Criminal Court of Appeals of the State of Oklahoma, as the same may be published by one or more persons, firms or corporations, and containing only the decisions of the Supreme Court of Oklahoma and/or the Criminal Court of Appeals of Oklahoma, to be official reports of the decisions of said Courts, whether the decisions of said Courts are published in separate volumes or the same volume.

Laws 1953, p. 425, § 2, eff. Jan. 1, 1954.

§7528.  Examination and approval of manuscripts of decisions  Assistant  Salary.

If in the opinion of the Courts it is advisable to have the manuscripts of the decisions examined and approved before the same are permanently bound by any person, firm or corporation whose published decisions have, by the Courts, been declared to be official reports, the Supreme Court and the Criminal Court of Appeals are hereby authorized to employ a qualified person to aid the Courts in said examination and approval at a salary of not to exceed Four Thousand Two Hundred Dollars ($4,200.00) per annum.

Laws 1953, p. 425, § 3, eff. Jan. 1, 1954.

§75-29.  Renumbered as § 73.5 of Title 20 by Laws 1969, c. 11, § 2, eff. Feb. 4, 1969.

§7530.  Right to publish, edit or bind reports.

Nothing in this act shall be construed to prohibit the publication, editing or binding of the decisions of the Supreme Court and the Criminal Court of Appeals by any person, firm or corporation.

Laws 1953, p. 426, § 6, eff. Jan. 1, 1954.

§75-31.  Repealed by Laws 1943, p. 252, § 7, emerg. eff. April 13, 1943.

§75-32.  Repealed by Laws 1943, p. 252, § 7, emerg. eff. April 13, 1943.

§75-33.  Repealed by Laws 1943, p. 252, § 7, emerg. eff. April 13, 1943.

§75-34.  Repealed by Laws 1943, p. 252, § 7, emerg. eff. April 13, 1943.

§75-35.  Repealed by Laws 1943, p. 252, § 7, emerg. eff. April 13, 1943.

§75-35.1.  Repealed by Laws 1953, p. 425, § 1, eff. Jan. 1, 1954.

§75-35.2.  Repealed by Laws 1953, p. 425, § 1, eff. Jan. 1, 1954.

§75-35.3.  Repealed by Laws 1953, p. 425, § 1, eff. Jan. 1, 1954.

§75-35.4.  Repealed by Laws 1953, p. 425, § 1, eff. Jan. 1, 1954.

§75-36.  Repealed by Laws 1953, p. 425, § 1, eff. Jan. 1, 1954.

§75-37.  Repealed by Laws 1953, p. 425, § 1, eff. Jan. 1, 1954.

§75-41.  Repealed by Laws 1941, p. 463, § 3, emerg. eff. June 7, 1941.

§75-51.  Repealed by Laws 1953, p. 425, § 1, eff. Jan. 1, 1954.

§75-52.  Repealed by Laws 1943, p. 252, § 7, emerg. eff. April 13, 1943.

§75-53.  Repealed by Laws 1943, p. 252, § 7, emerg. eff. April 13, 1943.

§75-53.1.  Repealed by Laws 1953, p. 425, § 1, eff. Jan. 1, 1954.

§75-53.2.  Repealed by Laws 1953, p. 425, § 1, eff. Jan. 1, 1954.

§75-54.  Repealed by Laws 1953, p. 425, § 1, eff. Jan. 1, 1954.

§75-55.  Repealed by Laws 1953, p. 425, § 1, eff. Jan. 1, 1954.

§75-56.  Repealed by Laws 1953, p. 425, § 1, eff. Jan. 1, 1954.

§7557.  Copies of court reports to Publications Clearinghouse  Exchange of reports.

The Administrative Director of the Courts shall provide to the Publications Clearinghouse of the Department of Libraries a maximum of fifty copies of each of the published volumes of the official reports of the decisions of the Supreme Court and the Court of Criminal Appeals of this state for use and for exchange purposes.

Laws 1978, c. 165, § 9; Laws 1984, c. 13, § 8, eff. Nov. 1, 1984.

§75-101.  Executed.

§75-102.  Executed.

§75-103.  Executed.

§75-104.  Executed.

§75-105.  Executed.

§75-106.  Executed.

§75-107.  Executed.

§75-108.  Executed.

§75-109.  Executed.

§75-110.  Executed.

§75-111.  Executed.

§75-112.  Executed.

§75-113.  Executed.

§75-114.  Executed.

§75-115.  Executed.

§75-131.  Executed.

§75-132.  Executed.

§75-133.  Executed.

§75-134.  Executed.

§75-135.  Executed.

§75-136.  Executed.

§75-137.  Executed.

§75-138.  Executed.

§75-139.  Executed.

§75-140.  Executed.

§75-141.  Executed.

§75-142.  Executed.

§75-143.  Executed.

§75-144.  Executed.

§75-151.  Executed.

§75-152.  Executed.

§75-153.  Executed.

§75-154.  Executed.

§75-155.  Executed.

§75-156.  Executed.

§75-157.  Executed.

§75-158.  Executed.

§75-159.  Executed.

§75-160.  Executed.

§75-161.  Executed.

§75-162.  Executed.

§75-163.  Executed.

§75-164.  Executed.

§75171.  Compilation authorized.

West Group of St. Paul, Minnesota, is hereby authorized, empowered and directed to compile, codify and annotate the "Oklahoma Statutes 2001", according to the terms, specifications and conditions directed by the Speaker of the House of Representatives and the President Pro Tempore of the Senate.

Added by Laws 1971, c. 117, § 1, emerg. eff. May 1, 1971.  Amended by Laws 1981, c. 91, § 1, emerg. eff. April 20, 1981; Laws 1991, c. 27, § 1, emerg. eff. March 29, 1991; Laws 2001, c. 40, § 1, emerg. eff. April 9, 2001.

§75172.  Contents.

The Statutes as provided for in Section 171 of this title shall contain the Magna Carta, Declaration of Independence, the Constitution of the United States with its amendments, the Organic Act of Oklahoma, the Enabling Act of Oklahoma, the Constitution of the State of Oklahoma with its schedule and amendments, and all laws of the State of Oklahoma of a general and permanent nature now in force, including all laws and amendments of a general and permanent nature passed by the First Regular Session of the Forty-eighth Legislature, 2001, with all repealed laws and those held unconstitutional by the highest courts eliminated.

Added by Laws 1971, c. 117, § 2, emerg. eff. May 1, 1971.  Amended by Laws 1981, c. 91, § 2, emerg. eff. April 20, 1981; Laws 1991, c. 27, § 2, emerg. eff. March 29, 1991; Laws 2001, c. 40, § 2, emerg. eff. April 9, 2001.

§75173.  Classification and arrangement.

The Statutes as provided for in Section 171 of this title shall be under the same classification, title, section and section arrangement and same section number as the Oklahoma Statutes Annotated.

Laws 1971, c. 117, § 3, emerg. eff. May 1, 1971; Laws 1981, c. 91, § 3, emerg. eff. April 20, 1981.

§75174.  Derivation and parallel citations  Key number references.

Each section of the Statutes as provided for in Section 171 of this title shall show its derivation and parallel citations to the 1910, 1921, 1931, 1941, 1951, 1961, 1971, 1981, and 1991 Oklahoma Statutes, and contain key number references to National Reporter System publications.

Added by Laws 1971, c. 117, § 4, emerg. eff. May 1, 1971.  Amended by Laws 1981, c. 91, § 4, emerg. eff. April 20, 1981; Laws 1991, c. 27, § 3, emerg. eff. March 29, 1991; Laws 2001, c. 40, § 3, emerg. eff. April 9, 2001.

§75175.  Annotations and citations.

Each section of the Statutes as provided for in Section 171 of this title shall include ample annotations and citations from the most comprehensive and leading cases, construing the Constitution of Oklahoma and the Oklahoma Statutes; said decisions to be from the courts of last resort of the State of Oklahoma, Oklahoma Territory, Indian Territory and the United States, and the lower United States courts, as well as decisions from the State of Kansas relating to civil procedure and decisions from the States of California, North Dakota and South Dakota, relating to probate procedure, and to the laws of wills and succession; together with annotations to decisions of the courts of other states construing Statutes adopted by the Territory of Oklahoma and the State of Oklahoma from those states prior to adoption by Oklahoma Territory and the State of Oklahoma.  The annotations of said Statutes shall include citations to Oklahoma Territory and Indian Territory Reports, the official Oklahoma Reports, Official Oklahoma Criminal Reports, Pacific Reporter and Southwestern Reporter prior to July 1, 2001, and shall also include parallel citations to the American Law Reports, Lawyers Reports Annotated, American Annotated Cases, American and English Annotated Cases, American Reports, American State Reports and American Decisions, if such cases are reported therein; and applicable citations that may be included in the United States Reports, United States Supreme Court Reporter, and United States ReportsLawyers Edition.  There shall also be shown the pertinent key number references to National Reporter System publications.

It is not required that every decision construing any Statute be included, but it is intended that every section, and subdivision thereof, which has been construed or applied shall be supported by annotations of comprehensive decisions, and that upon the whole, this compilation of Statutes shall be annotated in a good and reasonable and serviceable manner so as to be wholly dependable and usable as an annotated Statute.

Added by Laws 1971, c. 117, § 5, emerg. eff. May 1, 1971.  Amended by Laws 1981, c. 91, § 5, emerg. eff. April 20, 1981; Laws 1991, c. 27, § 4, emerg. eff. March 29, 1991; Laws 2001, c. 40, § 4, emerg. eff. April 9, 2001.

§75176.  Number of volumes  Index  Type size - Size of volumes.

The Oklahoma Statutes 2001 shall be in seven (7) volumes and shall contain an index in the seventh volume as much more complete and much more comprehensive as the index now used in Oklahoma Statutes Annotated, and shall be printed in a type not smaller than and on paper of equal quality as that now used in Oklahoma Statutes Annotated, and shall be bound in du Pont Fabrikoid of equal quality as that now used in the Oklahoma Statutes Annotated.  Said volumes shall be as nearly equal in size as possible without any title of said Statutes being printed in two volumes.

Added by Laws 1971, c. 117, § 6, emerg. eff. May 1, 1971.  Amended by Laws 1981, c. 91, § 6, emerg. eff. April 20, 1981; Laws 1991, c. 27, § 5, emerg. eff. March 29, 1991; Laws 2001, c. 40, § 5, emerg. eff. April 9, 2001; Laws 2002, c. 1, § 1, emerg. eff. Feb. 7, 2002.

§75177.  Approval by Supreme Court.

Before finally printing the Oklahoma Statutes 2001, West Group shall present its manuscript of said Statutes to the Justices of the Supreme Court of the State of Oklahoma, and shall secure the approval of the Justices of the Supreme Court as to form and as to compliance with the provisions of this act; provided, further, that the Justices of the Supreme Court shall also, after approving said manuscript, certify said Statutes as to accuracy, completeness and correctness.

Added by Laws 1971, c. 117, § 7, emerg. eff. May 1, 1971.  Amended by Laws 1981, c. 91, § 7, emerg. eff. April 20, 1981; Laws 1991, c. 27, § 6, emerg. eff. March 29, 1991; Laws 2001, c. 40, § 6, emerg. eff. April 9, 2001.

§75178.  Adoption as general and public laws  Saving clause.

The Oklahoma Statutes 2001, prepared by West Group and in seven (7) volumes as above provided for, after the same shall have been approved by the Justices of the Supreme Court of the State of Oklahoma as hereinabove provided, shall be as provided in Section 179 of this title, and are hereby adopted as the general and public laws of the State of Oklahoma and the official Statutes of the State of Oklahoma, as to all laws therein contained.  Provided, however, that this act shall not be construed to repeal or in any way affect or modify any special or local laws or any law making an appropriation or any law relating to any special election or validating act, or any law affecting any bond issue or by which any bond issue may have been authorized, nor to affect any pending proceedings or any existing rights or remedies, nor the running of the statutes of limitations in force at the time of the approval of this act; but all such local and special laws, laws making appropriations, laws relating to special elections, validating acts, and laws relating to or authorizing bond issues, pending proceedings, and existing rights and remedies, and statutes of limitations running and in force at the time of the approval of this act shall continue and exist in all respects as if this act had not been passed.  Provided, further, that this act shall not be construed to alter, change, impair, disparage, vest or divest, or in any way affect any right or interest in the United States, the State of Oklahoma, any of the Five Civilized Tribes, or other Tribes or Nations of Indians within the State of Oklahoma, nor shall the same be construed to repeal any act of the Legislature of the State of Oklahoma enacted subsequent to the adjournment of the First Regular Session of the Forty-eighth Legislature of the State of Oklahoma.

Added by Laws 1971, c. 117, § 8, emerg. eff. May 1, 1971.  Amended by Laws 1981, c. 91, § 8, emerg. eff. April 20, 1981; Laws 1991, c. 27, § 7, emerg. eff. March 29, 1991; Laws 2001, c. 40, § 7, emerg. eff. April 9, 2001; Laws 2002, c. 1, § 2, emerg. eff. Feb. 7, 2002.

§75179.  Effective date  Proclamation.

The Oklahoma Statutes 2001 shall take effect and be in full force and effect after the approval thereof by the Justices of the Supreme Court of the State of Oklahoma, and after the publication of two thousand (2,000) sets of said Statutes as herein provided for.  The Secretary of State, upon publication of said two thousand (2,000) sets of such Statutes, shall issue a proclamation and publish the same in some newspaper published in and of general circulation within the State of Oklahoma, stating the date upon which said Statutes were published.

Added by Laws 1971, c. 117, § 9, emerg. eff. May 1, 1971.  Amended by Laws 1972, c. 19, § 2, emerg. eff. Feb. 7, 1972; Laws 1981, c. 91, § 9, emerg. eff. April 20, 1981; Laws 1991, c. 27, § 8, emerg. eff. March 29, 1991; Laws 2001, c. 40, § 8, emerg. eff. April 9, 2001.

§75180.  Supplements.

West Group shall publish a cumulative supplement annually after the adjournment of each regular session of the Oklahoma Legislature until 2011, corresponding in general appearance to the original volumes and of comparable quality in printing, paper, and binding.

Added by Laws 1971, c. 117, § 10, emerg. eff. May 1, 1971.  Amended by Laws 1981, c. 91, § 10, emerg. eff. April 20, 1981; Laws 1983, c. 164, § 8, emerg. eff. June 6, 1983; Laws 1991, c. 27, § 9, emerg. eff. March 29, 1991; Laws 2001, c. 40, § 9, emerg. eff. April 9, 2001.

§75181.  Price.

The price of the seven-volume set of the Oklahoma Statutes 2001 to the State of Oklahoma and to the citizens thereof shall be Two Hundred Ten Dollars ($210.00) per set, delivered, during a period of one (1) year following the approval and certification of said statutes.

Added by Laws 1971, c. 117, § 11, emerg. eff. May 1, 1971.  Amended by Laws 1981, c. 91, § 11, emerg. eff. April 20, 1981; Laws 1983, c. 164, § 9, emerg. eff. June 6, 1983; Laws 1991, c. 27, § 10, emerg. eff. March 29, 1991; Laws 2001, c. 40, § 10, emerg. eff. April 9, 2001; Laws 2002, c. 1, § 3, emerg. eff. Feb. 7, 2002.

§75-182.  Repealed by Laws 1978, c. 165, § 14.

§75-183.  Repealed by Laws 1982, c. 356, § 2, emerg. eff. June 2, 1982.

§75184.  Adoption of Oklahoma Statutes 1971 as Code and Revised Statutes  Repeal of general laws not included  Savings clauses.

The Oklahoma Statutes 1971, compiled, codified and annotated and indexed under the provisions of House Bill No. 1085, Title 75, Chapter 6A, Oklahoma Session Laws 1971, Page 266, and compiled, codified and annotated under the supervision of the Justices of the Supreme Court of the State of Oklahoma and approved by them on November 9, 1971, and promulgated and published by John Rogers, Secretary of State, under proclamation dated January 5, 1972; said Oklahoma Statutes being further identified as four volumes, Volume 1 containing pages 1 to 1616, inclusive, Volume 2 containing pages 1617 to 3324, inclusive, Volume 3 containing pages 3325 to 5157, inclusive, and Volume 4 containing pages 5159 to 6604, inclusive, are hereby adopted as the Code and Revised Statutes of the State of Oklahoma to be known as Oklahoma Statutes 1971, and that all general laws of the State of Oklahoma not therein contained are hereby repealed; Provided, however, that this act shall not be construed to repeal or in any way affect or modify any special or local laws or any law making an appropriation or any law relating to any special election or validating act or any law affecting any bond issue or by which any bond issue may have been authorized, nor to affect any pending proceedings or any existing rights or remedies, nor the running of the Statutes of Limitations in force at the time of the approval of this act; but all such local and special laws, laws making appropriations, laws relating to special elections, validating acts, and laws relating to or authorizing bond issues, pending proceedings, and existing rights and remedies, and Statutes of Limitations running and in force at the time of the approval of this act shall continue and exist in all respects as if this act had not been passed.  Provided, further, that this act shall not be construed to alter, change, impair, disparage, vest or divest, or in any way affect any right or interest of the United States, the State of Oklahoma, any of the Five Civilized Tribes, or other Tribes or Nations of Indians within the State of Oklahoma.

Laws 1972, c. 19, § 1, emerg. eff. Feb. 7, 1972.

§75185.  Adoption of Oklahoma Statutes 1981 as official Code and Revised Statutes  Construction.

The Oklahoma Statutes 1981, compiled and indexed under the provisions of Sections 171 through 181 of Title 75 of the Oklahoma Statutes, and compiled under the supervision of the Justices of the Supreme Court of the State of Oklahoma and approved by them on February 18, 1982, said Oklahoma Statutes contained in four volumes, are hereby adopted as the official Code and Revised Statutes of the State of Oklahoma to be known as Oklahoma Statutes 1981.  Provided, however, that this section shall not be construed to repeal or in any way affect or modify any special or local laws or any law making an appropriation or any law relating to any special election or validating act or any law affecting any bond issue or by which any bond issue may have been authorized, nor to affect any pending proceedings or any existing rights or remedies, nor the running of the statutes of limitations in force at the time of the approval of this section.  Provided, further, that this section shall not be construed to alter, change, impair, disparage, vest or divest, or in any way affect any right or interest of the United States, the State of Oklahoma, any of the Five Civilized Tribes, or other Tribes or Nations of Indians within the State of Oklahoma.

Added by Laws 1982, c. 356, § 1, emerg. eff. June 2, 1982.

§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, § 1.  Amended by Laws 1989, c. 360, § 1, emerg. eff. June 3, 1989; Laws 1997, c. 206, § 2, eff. Nov. 1, 1997.

§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 and Section 5 of this act.  Article II relating to agency notice and hearing requirements for individual proceedings shall consist of Sections 308a through 323 of this title.

B.  Except as otherwise specifically provided in Section 250.4 of this title, all agencies shall comply with the provisions of Article I and Article II of the Administrative Procedures Act.

Added by Laws 1987, c. 207, § 2.  Amended by Laws 1989, c. 360, § 2, emerg. eff. June 3, 1989; Laws 1997, c. 206, § 3, eff. Nov. 1, 1997.

§75250.2.  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 which may be resolved upon by the Legislature.

B.  In creating agencies and designating their functions and purposes, the Legislature may delegate rulemaking authority to these agencies to facilitate administration of legislative policy.  The delegation of rulemaking authority is intended to eliminate the necessity of establishing every administrative aspect of general public policy by legislation.  In so doing, however, the Legislature reserves to itself:

1.  The right to retract any delegation of rulemaking authority unless otherwise precluded by the Oklahoma Constitution.

2.  The right to establish any aspect of general policy by legislation, notwithstanding any delegation of rulemaking authority.

3.  The right and responsibility to designate the method for rule promulgation, review and modification.

4.  The right to approve, delay, suspend, veto, or amend the implementation of any rule or proposed rule while under review by the Legislature by joint resolution.

5.  The right to disapprove a proposed rule or amendment to a rule during the legislative review period independent of any action by the Governor by a concurrent resolution.

6.  The right to disapprove a permanent or emergency rule at any time if the Legislature determines such rule to be an imminent harm to the health, safety or welfare of the public or the state or if the Legislature determines that a rule is not consistent with legislative intent.

Added by Laws 1987, c. 207, § 3.  Amended by Laws 1991, c. 326, § 1, eff. July 1, 1991; Laws 1992, c. 310, § 1, eff. July 1, 1992.

§75-250.3.  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 that a proposed rule has been approved by the agency but has not been reviewed by the Legislature and 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.  "Final" or "finally adopted" means a rule other than an emergency rule, which has been approved by the Legislature and by the Governor, or approved by the Legislature pursuant to subsection B of Section 308 of this title and otherwise complies with the requirements of the Administrative Procedures Act but has not been published pursuant to Section 255 of this title;

5.  "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;

6.  "Hearing examiner" means a person meeting the qualifications specified by Article II of the Administrative Procedures Act and who has been duly appointed by an agency to hold hearings and, as required, render orders or proposed orders;

7.  "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;

8.  "License" includes the whole or part of any agency permit, certificate, approval, registration, charter, or similar form of permission required by law;

9.  "Office" means the Office of the Secretary of State;

10.  "Order" means all or part of a formal or official decision made by an agency including but not limited to final agency orders;

11.  "Party" means a person or agency named and participating, or properly seeking and entitled by law to participate, in an individual proceeding;

12.  "Person" means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency;

13.  "Political subdivision" means a county, city, incorporated town or school district within this state;

14.  "Promulgated rule" means a finally adopted rule which has been filed and published in accordance with the provisions of the Administrative Procedures Act, an emergency rule or preemptory rule which has been approved by the Governor;

15.  "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;

16.  "Rulemaking" means the process employed by an agency for the formulation of a rule; and

17.  "Secretary" means the Secretary of State.

Added by Laws 1983, c. 327, § 2.  Amended by Laws 1985, c. 196, § 11, operative July 1, 1985; Laws 1987, c. 207, § 11.  Renumbered from § 301 of this title by Laws 1987, c. 207, § 27.  Amended by 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.

§75-250.4.  Compliance with act - Exemptions.

A.  1.  Except as is otherwise specifically provided in this subsection, each agency is required to comply with Article I of the Administrative Procedures Act.

2.  The Corporation Commission shall be required to comply with the provisions of Article I of the Administrative Procedures Act except for subsections A, B, C and E of Section 303 of this title and Section 306 of this title.  To the extent of any conflict or inconsistency with Article I of the Administrative Procedures Act, pursuant to Section 35 of Article IX of the Oklahoma Constitution, it is expressly declared that Article I of the Administrative Procedures Act is an amendment to and alteration of Sections 18 through 34 of Article IX of the Oklahoma Constitution.

3.  The Oklahoma Military Department shall be exempt from the provisions of Article I of the Administrative Procedures Act to the extent it exercises its responsibility for military affairs.

4.  The Oklahoma Ordnance Works Authority, the Northeast Oklahoma Public Facilities Authority, the Oklahoma Office of Homeland Security and the Board of Trustees of the Oklahoma College Savings Plan shall be exempt from Article I of the Administrative Procedures Act.

5.  The Transportation Commission and the Department of Transportation shall be exempt from Article I of the Administrative Procedures Act to the extent they exercise their authority in adopting standard specifications, special provisions, plans, design standards, testing procedures, federally imposed requirements and generally recognized standards, project planning and programming, and the operation and control of the State Highway System.

6.  The Oklahoma State Regents for Higher Education shall be exempt from Article I of the Administrative Procedures Act with respect to:

a. prescribing standards of higher education,

b. prescribing functions and courses of study in each institution to conform to the standards,

c. granting of degrees and other forms of academic recognition for completion of the prescribed courses,

d. allocation of state-appropriated funds, and

e. fees within the limits prescribed by the Legislature.

7.  Institutional governing boards within The Oklahoma State System of Higher Education shall be exempt from Article I of the Administrative Procedures Act.

8. a. The Commissioner of Public Safety shall be exempt from Sections 303.1, 303.2, 304, 307.1, 308 and 308.1 of this title insofar as it is necessary to promulgate rules pursuant to the Oklahoma Motor Carrier Safety and Hazardous Materials Transportation Act, to maintain a current incorporation of federal motor carrier safety and hazardous material regulations, or pursuant to Chapter 6 of Title 47 of the Oklahoma Statutes, to maintain a current incorporation of federal commercial driver license regulations, for which the Commissioner has no discretion when the state is mandated to promulgate rules identical to federal rules and regulations.

b. Such rules may be adopted by the Commissioner and shall be deemed promulgated twenty (20) days after notice of adoption is published in "The Oklahoma Register".  Such publication need not set forth the full text of the rule but may incorporate the federal rules and regulations by reference.

c. Such copies of promulgated rules shall be filed with the Secretary as required by Section 251 of this title.

d. For any rules for which the Commissioner has discretion to allow variances, tolerances or modifications from the federal rules and regulations, the Commissioner shall fully comply with Article I of the Administrative Procedures Act.

9.  The Council on Judicial Complaints shall be exempt from Section 306 of Article I of the Administrative Procedures Act, with respect to review of the validity or applicability of a rule by an action for declaratory judgment, or any other relief based upon the validity or applicability of a rule, in the district court or by an appellate court.  A party aggrieved by the validity or applicability of a rule made by the Council on Judicial Complaints may petition the Court on the Judiciary to review the rules and issue opinions based upon them.

10.  The Department of Corrections, State Board of Corrections, county sheriffs and managers of city jails shall be exempt from Article I of the Administrative Procedures Act with respect to:

a. prescribing internal management procedures for the management of the state prisons, county jails and city jails and for the management, supervision and control of all incarcerated prisoners, and

b. prescribing internal management procedures for the management of the probation and parole unit of the Department of Corrections and for the supervision of probationers and parolees.

B.  As specified, the following agencies or classes of agency activities are not required to comply with the provisions of Article II of the Administrative Procedures Act:

1.  The Oklahoma Tax Commission;

2.  The Commission for Human Services;

3.  The Oklahoma Ordnance Works Authority;

4.  The Corporation Commission;

5.  The Pardon and Parole Board;

6.  The Midwestern Oklahoma Development Authority;

7.  The Grand River Dam Authority;

8.  The Northeast Oklahoma Public Facilities Authority;

9.  The Council on Judicial Complaints;

10.  The Board of Trustees of the Oklahoma College Savings Plan;

11.  The supervisory or administrative agency of any penal, mental, medical or eleemosynary institution, only with respect to the institutional supervision, custody, control, care or treatment of inmates, prisoners or patients therein; provided, that the provisions of Article II shall apply to and govern all administrative actions of the Oklahoma Alcohol Prevention, Training, Treatment and Rehabilitation Authority;

12.  The Board of Regents or employees of any university, college, or other institution of higher learning, except with respect to expulsion of any student for disciplinary reasons; provided, that upon any alleged infraction by a student of rules of such institutions, with a lesser penalty than expulsion, such student shall be entitled to such due process, including notice and hearing, as may be otherwise required by law, and the following grounds of misconduct, if properly alleged in disciplinary proceedings against a student, shall be cause to be barred from the campus and be removed from any college or university-owned housing, upon conviction in a court of law:

a. participation in a riot as defined by the penal code,

b. possession or sale of any drugs or narcotics prohibited by the penal code, Section 1 et seq. of Title 21 of the Oklahoma Statutes, or

c. willful destruction of or willful damage to state property;

13.  The Oklahoma Horse Racing Commission, its employees or agents only with respect to hearing and notice requirements on the following classes of violations which are an imminent peril to the public health, safety and welfare:

a. any rule regarding the running of a race,

b. any violation of medication laws and rules,

c. any suspension or revocation of an occupation license by any racing jurisdiction recognized by the Commission,

d. any assault or other destructive acts within Commission-licensed premises,

e. any violation of prohibited devices, laws and rules, or

f. any filing of false information;

14.  The Commissioner of Public Safety only with respect to driver license hearings and hearings conducted pursuant to the provisions of Section 2-115 of Title 47 of the Oklahoma Statutes;

15.  The Administrator of the Department of Securities only with respect to hearings conducted pursuant to provisions of the Oklahoma Take-over Disclosure Act of 1985;

16.  Hearings conducted by a public agency pursuant to Section 962 of Title 47 of the Oklahoma Statutes;

17.  The Oklahoma Military Department;

18.  The University Hospitals Authority, including all hospitals or other institutions operated by the University Hospitals Authority;

19.  The Oklahoma Health Care Authority Board and the Administrator of the Oklahoma Health Care Authority; and

20.  The Oklahoma Office of Homeland Security.

Added by Laws 1987, c. 207, § 12.  Amended by Laws 1987, c. 236, § 125, emerg. eff. July 20, 1987; Laws 1988, c. 292, § 2, emerg. eff. July 1, 1988; Laws 1990, c. 136, § 1, emerg. eff. April 25, 1990; Laws 1990, c. 300, § 2, emerg. eff. May 30, 1990; Laws 1993, c. 330, § 30, eff. July 1, 1993; Laws 1994, c. 384, § 1, eff. July 1, 1994; Laws 1995, c. 330, § 4, emerg. eff. June 8, 1995; Laws 1996, c. 320, § 11, emerg. eff. June 12, 1996; Laws 1997, c. 206, § 5, eff. Nov. 1, 1997; Laws 1998, c. 239, § 2, eff. Nov. 1, 1998; Laws 1999, c. 1, § 42, emerg. eff. Feb. 24, 1999; Laws 1999, c. 423, § 11, emerg. eff. June 10, 1999; Laws 2000, c. 6, § 30, emerg. eff. March 20, 2000; Laws 2001, c. 131, § 16, eff. July 1, 2001; Laws 2002, c. 402, § 12, eff. July 1, 2002; Laws 2003, c. 279, § 13, emerg. eff. May 26, 2003; Laws 2004, c. 157, § 6, emerg. eff. April 26, 2004; Laws 2005, c. 176, § 8, eff. July 1, 2005.

NOTE:  Laws 1987, c. 231, § 5 repealed by Laws 1987, c. 236, § 203, emerg. eff. July 20, 1987.  Laws 1998, c. 203, § 10 repealed by Laws 1999, c. 1, § 45, emerg. eff. Feb. 24, 1999.  Laws 1999, c. 142, § 4 repealed by Laws 2000, c. 6, § 33, emerg. eff. March 20, 2000.

§75-250.4a.  Certain rules to be available for public inspection - Deletion of obsolete rules and internal policy statements - Private rights and procedures not affected.

A.  Any agency exempt from all or part of the Administrative Procedures Act pursuant to subsection A of Section 250.4 of this title shall maintain and make available for public inspection its exempt rules at its principal place of business.

B.  It is recognized by the Oklahoma Legislature that agencies specified by subsection A of this section have published rules containing obsolete rules or internal policy statements or agency statements which do not meet the Administrative Procedures Act definition of rules.  Therefore, by December 31, 2005, each such agency shall conduct an internal review of its rules to determine whether each of its rules is current and is a rule as such term is defined by the Administrative Procedures Act.  Any rule determined by an agency to be obsolete or an internal policy statement or any agency statement which does not meet the definition of a rule pursuant to the Administrative Procedures Act shall be deleted by the agency.  Notice of such deletion shall be submitted to the Speaker of the House of Representatives, the President Pro Tempore of the Senate and the Governor for informational purposes.

C.  The provisions of this section shall not be construed to authorize any agency to amend any rule or to delete any rule which affects any private rights or procedures available to the public.

Added by Laws 1997, c. 206, § 6, eff. Nov. 1, 1997.  Amended by Laws 2005, c. 227, § 1, eff. Nov. 1, 2005.

§75250.5.  Act not to apply to certain governments, authorities, etc.

This act shall not apply to municipalities, counties, school districts, and other agencies of local government; nor to specialized agencies, authorities, and entities created by the legislature, performing essentially local functions, such as, but not limited to, Urban Renewal Authorities, Port Authorities, City and CityCounty Planning Commissions, Conservancy and other Districts, and public trusts having a municipality or county, or agency thereof, as beneficiary; but this act shall apply to public trusts having the state, or any department or agency thereof, as beneficiary.

Laws 1963, c. 371, § 24.  Renumbered from § 324 by Laws 1987, c. 207, § 27.

§75-250.6.  Commission for Human Services - Preemptive rules - Approval by Governor - Filing of approval and rule - Publication - Disapproval by Legislature - Exemptions.

A.  1.  The Commission for Human Services may promulgate a preemptive rule pursuant to the provisions of this section:

a. when the Commission for Human Services is required by federal law, federal rules, a state law enacted pursuant to federal law or federal rule, or order of a court of competent jurisdiction to adopt a rule, or an amendment, revision or revocation of an existing rule, and

b. which if such rule is not immediately adopted would result in the imposition of a financial penalty, or a reduction, withholding or loss of federal funds.

2.  A preemptive rule must be approved by the Governor pursuant to this section.

3.  The conditions specified in this subsection for the promulgation of a preemptive rule shall be the only conditions authorized for promulgation of such rule by the Commission for Human Services.

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.

4.  The preemptive rule shall be published in accordance with the provisions of Section 255 of this title in "The Oklahoma Register" following approval by the Governor.  The Governor's approval and the approved rules shall be retained as official records by the Office of Administrative Rules.

5.  For informational purposes only, a copy of the Governor's approval and the preemptive rule shall be submitted by the Commission to the Speaker of the House of Representatives and the President Pro Tempore of the Senate within ten (10) days of the approval of the preemptive rule by the Governor.

6.  Upon approval by the Governor, the rule shall be considered promulgated and shall be in force immediately, or if a later date is required by statute or specified in the rule, the later date is the effective date.

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.  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.

Added by Laws 1988, c. 266, § 25, operative July 1, 1988.  Amended by 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.

§75-250.7.  Conflicts between filed rules and published rules - Corrections of errors - Status of Code rules - Presumption of compliance with act.

A.  Prior to publication in the "Code" or any of its supplements, in cases where there is a conflict between the finally adopted rules filed with the Office pursuant to Section 251 of this title and rules published in "The Oklahoma Register", the rules published in "The Oklahoma Register" pursuant to Section 255 of this title shall govern and shall constitute the official rule of the agency.  Except as provided in subsection C of this section, permanent rules published in "The Oklahoma Register" shall be void and of no effect upon publication of the next succeeding "Code" or "Code" supplement, if not published in such "Code" or "Code" supplement.

B.  The Secretary is authorized to establish procedures for correcting spelling errors in:

1.  The finally adopted rules of any agency or any document submitted for publication in "The Oklahoma Register" or the "Code"; or

2.  Any rules or other document published in "The Oklahoma Register".

C.  Rules published in the "Code" and in the supplements thereto, and permanent rules published in "The Oklahoma Register" after the closing date for publication in the last preceding "Code" or "Code" supplement, as announced by the Secretary, but prior to publication of the next succeeding "Code" or "Code" supplement, shall constitute the official permanent rules of the state.

D.  For any rule published in the "Code" or the supplements thereto, there shall be a rebuttable presumption that such rule has been promulgated in compliance with the Administrative Procedures Act.

Added by Laws 1988, c. 292, § 3, emerg. eff. July 1, 1988.  Amended by Laws 1990, c. 300, § 4, eff. July 1, 1991; Laws 1991, c. 326, § 3, eff. July 1, 1991; Laws 1994, c. 384, § 3, eff. July 1, 1994; Laws 1997, c. 206, § 9, eff. Nov. 1, 1997.

§75-250.8.  Time computations.

In computing any period of time prescribed or allowed by the Administrative Procedures Act, the day of the act, or event, from which the designated period of time begins to run shall not be included.  The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday as defined by the Oklahoma Statutes or any other day when the receiving office does not remain open for public business until 4:00 p.m., in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday as defined by the Oklahoma Statutes, or any other day when the receiving office does not remain open for public business until 4:00 p.m.; provided, permanent rules shall become effective on the tenth day after the rules are published in "The Oklahoma Register", as set forth in subsection B of Section 304 of this title, regardless of the day of the week.

Laws 1989, c. 360, § 4, emerg. eff. June 3, 1989.  Amended by Laws 2004, c. 183, § 1, emerg. eff. May 3, 2004.

§75-250.9.  Transfer of powers, duties and responsibilities of Director of Department of Libraries relating to publication of The Oklahoma Register and Administrative Code to Secretary of State.

There is hereby established an Office of Administrative Rules within the Office of the Secretary of State.  The Office of Administrative Rules shall have the primary responsibility for publishing "The Oklahoma Register" and the "Oklahoma Administrative Code" and otherwise implementing the provisions of Article I of the Administrative Procedures Act.  The Secretary of State shall provide for the adequate staffing of the Office to implement the provisions of this section including but not limited to an editor-in-chief.

Added by Laws 1990, c. 300, § 5, eff. July 1, 1991.  Amended by Laws 1991, c. 326, § 4, eff. July 1, 1991; Laws 1997, c. 206, § 10, eff. Nov. 1, 1997.

§75-250.10.  Request for agency review of rules.

The Governor by Executive Order or either house of the Legislature or both houses of the Legislature by resolution, or a small business or the Small Business Regulatory Review Committee pursuant to Section 5 of this act, may request an agency to review its rules to determine whether or not the rules in question should be amended, repealed or redrafted.  The agency shall respond to requests from the Governor or the Legislature within ninety (90) calendar days of such request.

Added by Laws 1994, c. 384, § 11, eff. July 1, 1994.  Amended by Laws 2002, c. 495, § 7, eff. July 1, 2002.

§75-251.  Furnishing copies of permanent rules - Rules for administration of section - Filing of new rules and amendments, revisions or revocations - Format - Incorporation of standards by reference - Publication of executive orders - Electronic filing.

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.  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.

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, 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.

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.

Added by Laws 1961, p. 602, § 1.  Amended by 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.

§75252.  Filing as condition of validity  Notification of failure to comply.

A.  Any rule, amendment, revision, or revocation of an existing rule made by an agency on or after October 16, 1987, may be held void and of no effect pursuant to Sections 306 and 307 of this title.  All provisions herein shall also apply to all agencies that may hereafter be created.  All courts, boards, commissions, agencies, authorities, instrumentalities, and officers of the State of Oklahoma shall take judicial or official notice of any rule, amendment, revision, or revocation of an existing rule promulgated pursuant to the provisions of the Administrative Procedures Act.

B.  Upon failure of an agency to comply with the provisions of Sections 251 through 256 of this title except when not applicable, the Secretary shall forward a written notice of the failure to comply to the chief administrative officer of the agency.  The notice shall state a reasonable time, not to exceed thirty (30) calendar days, in which the agency shall fully comply.  Further failure to comply shall be reported in writing to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Governor, and the Attorney General.  Upon such notification, the Attorney General shall immediately seek agency compliance and if required, to institute mandamus proceedings to secure compliance by said agency.

Laws 1961, p. 603, § 2; Laws 1987, c. 207, § 5; Laws 1988, c. 292, § 5, emerg. eff. July 1, 1988; Laws 1989, c. 360, § 6, emerg. eff. June 3, 1989; Laws 1990, c. 300, § 7, eff. July 1, 1991.

§75-253.  Emergency rules.

A.  If an agency finds that an imminent peril exists to the preservation of the public health, safety, or welfare, or that a compelling public interest requires an emergency rule, amendment, revision, or revocation of an existing rule, an agency may promulgate, at any time, any such rule, provided the Governor first approves such rule pursuant to the provisions of this section.

B.  An emergency rule adopted by an agency shall:

1.  Be prepared in the format required by Section 251 of this title;

2.  Include an impact statement which meets the requirements contained in Section 303 of this title unless such impact statement is, with the prior written consent of the Governor, waived specifically by the agency to the extent an agency for good cause finds the preparation of a rule impact statement or the specified contents thereof are unnecessary or contrary to the public interest in the process of promulgating an emergency rule.  In addition, the impact statement shall provide information on any cost impacts of the rule received by the agency from any private or public entities;

3.  Be transmitted in duplicate to the Governor, the Speaker of the Oklahoma House of Representatives and the President Pro Tempore of the Senate, including the information required by this subsection within ten (10) days after the rule is adopted; and

4.  One copy to be transmitted on the same day that filing occurs with the Governor to the Oklahoma Advisory Committee on Intergovernmental Relations if the emergency rule would have an impact on political subdivisions as determined by the agency in the rule impact statement.  The filing shall include all information supplied to the Governor regarding such emergency rule pursuant to this section and Section 251 of this title.

C.  1.  Upon the filing of an adopted emergency rule by an agency with the Governor, the Speaker of the Oklahoma House of Representatives and the President Pro Tempore of the Senate, under the provisions of subsection B of this section, the Governor shall review such rule and shall decide as to whether or not such emergency rule should be approved.  Prior to approval of emergency rules, the Governor shall submit the emergency rule to the Secretary of State for review of proper formatting.

2.  If the Governor disapproves the adopted emergency rule, the Governor shall return the entire document to the agency with reasons for the disapproval.  If the agency elects to modify such rule, the agency shall make such modifications and resubmit the rule to the Governor for approval.

3.  Emergency rules adopted by an agency or approved by the Governor shall be subject to review pursuant to the provisions of Section 306 of this title.

D.  1.  Upon approval by the Governor, an emergency rule shall be considered promulgated and shall be in force immediately, or on such later date as specified therein.  An emergency rule shall only be applied prospectively from its effective date.

2.  The Governor shall have forty-five (45) calendar days to review the emergency rule.  Within the forty-five-calendar-day period, the Governor may approve the emergency rule or disapprove the emergency rule.  Failure of the Governor to approve an emergency rule within the specified period shall constitute disapproval of the emergency rule.  Upon disapproval of an emergency rule, the Governor shall notify within fifteen (15) days, in writing, the Speaker of the House of Representatives, the President Pro Tempore of the Senate and the Office of Administrative Rules.

E.  1.  Upon approval of an emergency rule, the Governor shall immediately notify the agency.  Upon receipt of the notice of the approval, the agency shall file with the Office of Administrative Rules the number of copies required by the Secretary of the written approval and the emergency rule.

2.  A copy of the Governor's approval shall be submitted by the Governor to the Speaker of the House of Representatives, the President Pro Tempore of the Senate and the Office of Administrative Rules when the rulemaking agency is notified of approval.

3.  The emergency rule shall be published in accordance with the provisions of Section 255 of this title in "The Oklahoma Register" following the approval by the Governor.  The Governor's approval and the approved rules shall be retained as official records by the Office of Administrative Rules.

F.  Emergency rules shall be effective from the date of approval by the Governor or a later date as specified in the approved emergency rule, unless otherwise specifically provided by the Legislature, through the first day of the next succeeding Regular Session of the Oklahoma Legislature, after the promulgation of such emergency rule, and shall be in full force and effect through July 14 following such session unless it is made ineffective pursuant to subsection H of this section.

G.  No agency shall adopt any emergency rule which establishes or increases fees, except during such times as the Legislature is in session, unless specifically mandated by the Legislature or federal legislation, or when the failure to establish or increase fees would conflict with an order issued by a court of law.

H.  1.  If an emergency rule is of a continuing nature, the agency promulgating such emergency rule shall initiate proceedings for promulgation of a permanent rule pursuant to Sections 303 through 308.2 of this title.  If an emergency rule is superseded by another emergency rule prior to the enactment of a permanent rule, the latter emergency rule shall retain the same expiration date as the superseded emergency rule, unless otherwise authorized by the Legislature.

2.  Any promulgated emergency rule shall be made ineffective if:

a. disapproved by the Legislature,

b. superseded by the promulgation of permanent rules,

c. any adopted rules based upon such emergency rules are subsequently disapproved pursuant to Section 308 of this title, or

d. an earlier expiration date is specified by the agency in the rules.

3. a. Emergency rules in effect on the first day of the session shall be null and void on July 15 immediately following sine die adjournment of the Legislature unless otherwise specifically provided by the Legislature.

b. Unless otherwise authorized by the Legislature, by concurrent resolution or by law, an agency shall not adopt any emergency rule, which has become null and void pursuant to subparagraph a of this paragraph, as a new emergency rule or adopt any emergency rules of similar scope or intent as the emergency rules which became null and void pursuant to subparagraph a of this paragraph.

I.  Emergency rules shall not become effective unless approved by the Governor pursuant to the provisions of this section.

J.  1.  The requirements of Section 303 of this title relating to notice and hearing shall not be applicable to emergency rules promulgated pursuant to the provisions of this section.  Provided this shall not be construed to prevent an abbreviated notice and hearing process determined to be necessary by an agency.

2.  The rule report required pursuant to Section 303.1 of this title shall not be applicable to emergency rules promulgated pursuant to the provisions of this section.  Provided this shall not be construed to prevent an agency from complying with such requirements at the discretion of such agency.

3.  The statement of submission required by Section 303.1 of this title shall not be applicable to emergency rules promulgated pursuant to the provisions of this section.

K.  Prior to approval or disapproval of an emergency rule by the Governor, an agency may withdraw from review an emergency rule submitted pursuant to the provisions of this section.  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 the Office of Administrative Rules.  In order to be promulgated as emergency rules, any replacement rules shall be resubmitted pursuant to the provisions of this section.

Added by Laws 1961, p. 603, § 3.  Amended by Laws 1987, c. 207, § 6; Laws 1988, c. 292, § 7, emerg. eff. July 1, 1988; Laws 1989, c. 360, § 7, emerg. eff. June 3, 1989; Laws 1990, c. 300, § 8, eff. July 1, 1991; Laws 1991, c. 326, § 6, eff. July 1, 1991; Laws 1992, c. 310, § 3, emerg. eff. May 27, 1992; Laws 1994, c. 182, § 2, eff. July 1, 1994; Laws 1994, c. 384, § 5, eff. July 1, 1994; Laws 1996, c. 225, § 1, eff. Nov. 1, 1996; Laws 1997, c. 206, § 12, eff. Nov. 1, 1997; Laws 1998, c. 239, § 5, eff. Nov. 1, 1998; Laws 1999, c. 211, § 1, eff. Nov. 1, 1999.

§75-254.  Attestation of rules - Proof of publication - Copies - Preservation.

A.  Prior to the submission to the Governor of emergency rules, or prior to the transmission of a finally adopted rule to the Secretary, the rulemaking authority or its designee shall attest:

1.  To the correctness of copies of any rule and any amendment, revision, or revocation thereof; and

2.  That such rules were made and adopted if the rules are emergency rules or finally adopted if the rules are permanent rules in substantial compliance with the Administrative Procedures Act.

Such attested rules shall then be transmitted to the Secretary or if the rules are emergency to the Governor's office, for filing and publication pursuant to the Administrative Procedures Act.

B.  Upon publication of such transmitted rules pursuant to Section 255 of this title, the Secretary shall send proof of publication to the agency submitting the rules for publication.  The agency submitting the rules shall make such rules available to the public in accordance with the Open Records Act.

C.  Copies of such rules shall be permanently preserved by the Secretary.

Added by Laws 1961, p. 603, § 4.  Amended by Laws 1987, c. 207, § 7; Laws 1988, c. 292, § 8, emerg. eff. July 1, 1988; Laws 1990, c. 300, § 9, eff. July 1, 1991; Laws 1998, c. 239, § 6, eff. Nov. 1, 1998.

§75-255.  Publication of The Oklahoma Register - Publication of rules and regulations.

A.  1.  The Secretary is hereby authorized, directed, and empowered to publish "The Oklahoma Register" not less than monthly for the publication of new rules, any amendment, revision or revocation of an existing rule, emergency rules, any notices of such rulemaking process and Executive Orders as are required by law to be published in "The Oklahoma Register".  Said rules or amendments, revisions, or revocations of existing rules shall be published in the first issue of "The Oklahoma Register" published pursuant to Sections 251, 253, 256, 303, 303.1, 303.2 and 308 of this title after the date of acceptance by the Secretary.

2.  The Secretary shall cause a copy of each publication of "The Oklahoma Register" to be sent to those county clerks who request it, to members of the Legislature upon request, and to such other agencies, libraries, and officials as the Secretary may select.  The Secretary may charge recipients of the publication a cost sufficient to defray the cost of publication and mailing.

3.  The Secretary shall cause a copy of all rules, all new rules, and all amendments, revisions, or revocations of existing rules to be on file and available for public examination in the Office during normal office hours.

4.  The Secretary shall promulgate rules to systematize the designations of rules.  To establish said system or to preserve uniformity of designations, the Secretary may require the agency to change the title or numbering of any rule or any amendment, revision, or revocation thereof.

B.  The Secretary is authorized to provide for the publication of rules in summary form when the rules are of such length that publication of the full text would be too costly.  The summary shall be prepared by the agency submitting the rules and shall state where the full text of the rule may be obtained.

C.  The notice required pursuant to the provisions of Section 303 of this title shall be published in "The Oklahoma Register" prior to the adoption of a new rule, or amendment, revision or revocation of any existing rule.  The notice shall include the information required by Section 303 of this title.

Added by Laws 1961, p. 603, § 5.  Amended by Laws 1983, c. 76, § 1, eff. Nov. 1, 1983; Laws 1987, c. 207, § 8; Laws 1988, c. 292, § 9, emerg. eff. July 1, 1988; Laws 1989, c. 360, § 8, emerg. eff. June 3, 1989; Laws 1990, c. 300, § 10, eff. July 1, 1991; Laws 1996, c. 35, § 1, eff. Nov. 1, 1996; Laws 1997, c. 206, § 13, eff. Nov. 1, 1997; Laws 1998, c. 239, § 7, eff. Nov. 1, 1998.

§75-256.  Oklahoma Administrative Code - Publication - Task Force on Administrative Rules.

A.  1.  The Secretary shall provide for the codification, compilation, indexing and publication of agency rules and Executive Orders in a publication which shall be known as the "Oklahoma Administrative Code" in the following manner:

a. On or before January 1, 1992, the Secretary shall compile Executive Orders which are effective pursuant to paragraph 3 of subsection B of this section, and agency rules which have been submitted pursuant to the agency schedule of compliance and have been accepted as properly codified, as set forth in this section, and rules promulgated by the Secretary.  Such compilation shall be maintained by the Office of Administrative Rules and shall be updated by agencies, in a manner prescribed by the Secretary, to reflect subsequent permanent rulemaking.  Prior to publication of the first "Code", as set forth in subparagraph b of this paragraph, the compilation shall constitute the official permanent rules of the state.  Effective January 1, 1992, any permanent rule not included in such compilation shall be void and of no effect.

b. On or before December 1, 1992, the Secretary shall have indexed and published the "Oklahoma Administrative Code".  To effectuate this provision, the Secretary may contract for the publishing and indexing, or both of the "Oklahoma Administrative Code".  Any permanent rule not published in the "Code" shall be void and of no effect.  A finally adopted rule filed and published in "The Oklahoma Register" may be valid until publication of the next succeeding "Code" or "Code" supplement following the date of its final adoption.  Provided, a permanent rule which is finally adopted after the closing date for publication in a "Code" or "Code" supplement as announced by the Secretary may be valid until publication of the next succeeding "Code" or "Code" supplement.  A permanent rule which is published in "The Oklahoma Register" after the closing date for publication in the first "Code", as announced by the Secretary, shall be void and of no effect upon publication of the next succeeding "Code" or "Code" supplement, if not published in the "Code" or "Code" supplement.

2.  Compilations or revisions of the "Code" or any part thereof shall be supplemented or revised annually.  The "Code" shall be organized by state agency and shall be arranged, indexed and printed in a manner to permit separate publications of portions thereof relating to individual agencies.

3.  Annual supplements to the "Code" shall be cumulative.  Emergency rules shall not be published in the "Code" or in any supplements thereto.

4.  The "Code" and the supplements shall include a general subject index and an agency index of all rules and Executive Orders contained therein.  "The Oklahoma Register" shall also include a sections-affected index of the "Code".  The "Code" and supplements shall contain such notes, cross references and explanatory materials as required by the Secretary.

5.  The Secretary in preparing such rules for publication in the "Code" or supplements shall omit all material shown in canceled type.  The Secretary shall not prepare any rule for publication in the "Code" which amends or revises a rule unless the rule so amending or revising conforms to the provisions of the Administrative Procedures Act.

6.  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.

B.  1.  Rules submitted and accepted for publication in the "Code" by August 15 of each year shall be published in the next succeeding "Code" or supplement thereto.

2.  As soon as possible after August 15 of each year, the Secretary shall assemble all rules and Executive Orders, except emergency rules, promulgated after the publication of the preceding "Code" or "Code" supplement in accordance with the provisions of the Administrative Procedures Act for publication in the "Oklahoma Administrative Code".  The "Code" or supplements thereto should be published as soon as possible after August 30 of each year.

3.  Executive Orders of previous gubernatorial administrations shall terminate ninety (90) calendar days following the inauguration of the next Governor unless otherwise terminated or continued during that time by Executive Order.  Copies of all Executive Orders shall be published and indexed in the "Oklahoma Administrative Code".  All Executive Orders placing agencies or employees under the State Merit System of Personnel Administration shall remain in effect unless otherwise modified by action of the Legislature.

C.  The Secretary is hereby authorized and empowered to publish or to contract to publish the "Oklahoma Administrative Code", and to publish or contract to publish such annual cumulative supplements so as to keep the "Code" current.  All such agreements shall provide that the publisher shall make such publications in such form and arrangement as shall be approved by the Secretary.  The Secretary may publish or authorize the publication of the "Code" in part.

D.  The Secretary is authorized to correct spelling errors in rules submitted for publication in the "Code" or any such supplements or in "The Oklahoma Register".  Any other errors in rules submitted for publication in the "Code" may be noted in editorial notes provided by the Secretary.

E.  The Secretary shall make copies of the "Code" generally available at a cost sufficient to defray the cost of publication and mailing.  Except as otherwise provided by Section 257.1 of this title, the Secretary is authorized to sell or otherwise distribute the "Code" and its supplements.

F.  1.  The codification system, derivations, cross references, notes of decisions, source notes, authority notes, numerical lists, and codification guides, other than the actual text of rules, indexes, tables and other aids relevant to the publication of the "Oklahoma Administrative Code" and "The Oklahoma Register" shall be the property of the state and may be reproduced only with the written consent of the Secretary.  The information which appears on the same page with the text of a rule may be reproduced incidentally with the reproduction of the rule, if the reproduction is for the private use of the individual and not for resale.  No person shall attempt to copyright or publish the "Oklahoma Administrative Code" or "The Oklahoma Register", in printed or electronic media, without expressed written consent of the Secretary of State.  The Secretary shall notify the Speaker of the House of Representatives and the President Pro Tempore of the Senate of any requests to copyright or publish the "Oklahoma Administrative Code" or "The Oklahoma Register", prior to consent by the Secretary.

2.  The Secretary may provide for the electronic access to the "Oklahoma Administrative Code" and "The Oklahoma Register" by:

a. subscription, or

b. an exclusive or a nonexclusive contract for public and private access.

3.  Publications of rules by agencies are not official publications.

4.  The sale or resale of the "Oklahoma Administrative Code" or any part thereof by the Secretary of State shall be exempt from any requirement mandating acquisition of a resale number and payment of sales tax.

Added by Laws 1961, p. 604, § 6.  Amended by Laws 1978, c. 165, § 13; Laws 1987, c. 207, § 9; Laws 1988, c. 292, § 10, emerg. eff. July 1, 1988; Laws 1990, c. 300, § 11, eff. July 1, 1991; Laws 1991, c. 326, § 7, eff. July 1, 1991; Laws 1992, c. 310, § 4, eff. July 1, 1992; Laws 1994, c. 100, § 1, eff. Sept. 1, 1994; Laws 1994, c. 384, § 6, eff. July 1, 1994; Laws 1997, c. 206, § 14, eff. Nov. 1, 1997; Laws 1998, c. 239, § 8, eff. Nov. 1, 1998.

§75-256.1.  Repealed by Laws 1994, c. 384, § 14, eff. July 1, 1994.

§75-256.2.  Repealed by Laws 1994, c. 384, § 14, eff. July 1, 1994.

§75-256.3.  Fees for copying, reproducing or certifying records.

The Office of Administrative Rules shall charge the public for the costs of copying, reproducing or certifying records of the Office of Administrative Rules pursuant to Section 24A.5 of Title 51 of the Oklahoma Statutes.

Added by Laws 1992, c. 310, § 5, eff. July 1, 1992.

§75257.  Implementation of Article I of Act  Legal assistance.

A.  Upon the request of the Secretary, the Office of the Attorney General shall provide such legal assistance to the Office as is necessary to implement the provisions of Article I of the Administrative Procedures Act.

B.  The Attorney General shall prepare and provide for the publication and distribution to the agencies, a pamphlet or information sheet as to the procedures required by the Administrative Procedures Act for the adoption, review, and promulgation of rules.

Added by Laws 1987, c. 207, § 10.  Amended by Laws 1990, c. 300, § 14, eff. July 1, 1991.

§75-257.1.  Reciprocal agreements for exchange of administrative codes - Offices entitled to free copy of Code.

A.  The Secretary is authorized to enter into and make reciprocal agreements with other states to allow exchanges of administrative codes of such states.

B.  1.  Each of the following offices shall be entitled to receive, as soon as available from the Secretary, without cost, one copy of the printed volumes of the "Code" and the supplements thereto or, upon request from an office, one copy of the "Code" and the supplements thereto on compact disc:

a. County clerk of each county;

b. Clerk of the Supreme Court;

c. Attorney General;

d. Governor;

e. Speaker of the House of Representatives and the President Pro Tempore of the Senate;

f. the Research, Legal and Fiscal Divisions of the House of Representatives;

g. the Legislative Division of the Senate; and

h. the Department of Libraries for the Law Library.

2.  The Department of Libraries is authorized to obtain number of copies of the "Code" and the supplements thereto necessary for use for deposit with the Publications Clearinghouse pursuant to Sections 3-113.1 through 3-115 of Title 65 of the Oklahoma Statutes.  The Secretary is authorized to retain sufficient copies for exchange purposes with other states for copies of their rules.

Added by Laws 1988, c. 292, § 13, emerg. eff. July 1, 1988.  Amended by Laws 1990, c. 300, § 15, eff. July 1, 1991; Laws 1991, c. 326, § 8, eff. July 1, 1991; Laws 1997, c. 206, § 15, eff. Nov. 1, 1997; Laws 2005, c. 227, § 3, eff. Nov. 1, 2005.

§75-301.  Renumbered as § 250.3 by Laws 1987, c. 207, § 27.

§75-302.  Promulgation of certain rules - Public inspection of rules, orders, decisions and opinions - Rulemaking record - Prohibited actions - Violations.

A.  In addition to other rulemaking requirements imposed by law, each agency which has rulemaking authority, shall:

1.  Promulgate as a rule a description of the organization of the agency, stating the general course and method of the operations of the agency and the methods whereby the public may obtain information or make submissions or requests;

2.  Promulgate rules of practice setting forth the nature and requirements of all formal and informal procedures available, including a description of all forms and instructions issued by the agency for use by the public;

3.  Make available for public inspection all rules and all other written statements of policy or interpretations formulated, adopted, promulgated or used by the agency in the discharge of its functions;

4.  Make available for public inspection pursuant to the provisions of the Open Records Act all final orders, decisions and opinions.

B.  1.  An agency shall maintain an official rulemaking record for each proposed rule or promulgated rule.  The record and materials incorporated by reference shall be available for public inspection.

2.  The agency rulemaking record shall contain:

a. copies of all publications in "The Oklahoma Register" with respect to the rule or the proceeding upon which the rule is based,

b. copies of any portions of the agency's public rulemaking docket containing entries relating to the rule or the proceeding upon which the rule is based,

c. all written petitions, requests, submissions, and comments received by the agency and all other written materials considered by the agency in connection with the formulation, proposal, or adoption of the rule or the proceeding upon which the rule is based,

d. any official transcript of oral presentations made in the proceeding upon which the rule is based or, if not transcribed, any tape recording or stenographic record of those presentations, and any memorandum prepared by a presiding official summarizing the contents of those presentations,

e. a copy of any regulatory analysis prepared for the proceeding upon which the rule is based,

f. a copy of the rule and analysis of each such rule filed with the Office pursuant to Section 251 of this title,

g. all petitions for exceptions to, amendments of, or repeal or suspension of, the rule,

h. a copy of the rule impact statement, if made, and

i. such other information concerning such rules as may be determined necessary by the agency.

3.  Upon judicial review, the record required by this section constitutes the official agency rulemaking record with respect to a rule.  Except as otherwise required by a provision of law, the agency rulemaking record need not constitute the exclusive basis for agency action on that rule or for judicial review thereof.

C.  1.  By December 31, 2002, each agency that issues precedent-setting orders shall maintain and index all such orders that the agency intends to rely upon as precedent.  The index and the orders shall be available for public inspection and copying in the main office and each regional or district office of the agency.  The orders shall be indexed by subject.

2.  After December 31, 2002, an order shall not be relied upon as precedent by an agency to the detriment of any person until it has been made available for public inspection and indexed in the manner described in this subsection.

3.  An agency shall consistently apply rules to each person subject to the jurisdiction of the agency regarding issuance of orders.

D.  An agency shall not by internal policy, memorandum, or other form of action not otherwise authorized by the Administrative Procedures Act:

1.  Amend, interpret, implement, or repeal a statute or a rule;

2.  Expand upon or limit a statute or a rule; and

3.  Except as authorized by the Constitution of the United States, the Oklahoma Constitution or a statute, expand or limit a right guaranteed by the Constitution of the United States, the Oklahoma Constitution, a statute, or a rule.

E.  Any agency memorandum, internal policy, or other form of action violative of this section or the spirit thereof is null, void, and unenforceable.

F.  This section shall not be construed to prohibit an agency issuing an opinion or administrative decision which is authorized by statute provided that, unless such opinion or administrative decision is issued pursuant to the procedures required pursuant to the Administrative Procedures Act, such decision or opinion shall not have the force and effect of law.

Added by Laws 1963, c. 371, § 2.  Amended by Laws 1987, c. 207, § 13; Laws 1988, c. 292, § 14, emerg. eff. July 1, 1988; Laws 1990, c. 300, § 16, eff. July 1, 1991; Laws 1997, c. 206, § 16, eff. Nov. 1, 1997; Laws 1998, c. 239, § 9, eff. Nov. 1, 1998.

§75-303.  Adoption, amendment or revocation of rule - Procedure.

A.  Prior to the adoption of any rule or amendment or revocation of a rule, the agency shall: