Oklahoma Administrative Code
Title 655 - Secretary of State
Chapter 10 - Administrative Rules on Rulemaking
Subchapter 17 - The Oklahoma Administrative Code
Section 655:10-17-6 - Source notes

Universal Citation: OK Admin Code 655:10-17-6

Current through Vol. 42, No. 1, September 16, 2024

(a) Responsibility for preparation of source notes.

(1) Source notes are prepared by the issuing agency for rules promulgated before January 1, 1997.

(2) Source notes are prepared by the OAR for rules promulgated on or after January 1, 1997.

(b) Chapter source notes. Chapter source notes are used in the Code as follows:

(1) A Chapter source note identifies the date of the Chapter's codification. The date of codification is the date the Chapter was accepted for inclusion in the first official compilation of codified rules authorized by 75 O.S., Section 256(A)(1)(a); except, the date of codification for subsequently promulgated new Chapters is the effective date of the permanent or preemptive rulemaking which establishes the new Chapter.

(2) Chapter source notes are supplemental references which are required for codification and the convenience of the reader. They are not rules and do not have the force of law.

(3) The following is an example of a Chapter source note: [Source: Codified 2-11-91]

(c) Subchapter source notes. Subchapter source notes are used in the Code as follows:

(1) Each new Subchapter which is added after its Chapter's codification date, as defined in (b)(1) of this Section, includes a source note which identifies the date of the Subchapter's codification. The date of the new Subchapter's codification is the effective date of the permanent or preemptive rulemaking which establishes the new Subchapter.

(2) Subchapter source notes are supplemental references which are required for codification and the convenience of the reader. They are not rules and do not have the force of law.

(3) The following is an example of a Subchapter source note: [Source: Codified 2-11-91]

(d) Section source notes; Appendix source notes.

(1) Use. Section and Appendix source notes are used in the Code as follows:
(A) Section and Appendix source notes provide an administrative history of rulemaking actions on that Section or Appendix, subsequent to its codification.

(B) Section and Appendix source notes are supplemental references which are required for codification and the convenience of the reader. They are not rules and do not have the force of law.

(C) The following is an example of a Section source note: [Source: Amended at 9 Ok Reg 1034, eff 5-25-92 (emergency); Amended at 9 Ok Reg 1555, eff 7-11-92].

(2) Source note entries. Each entry in a Section or Appendix source note describes a rulemaking action on that Section or Appendix, including a citation to the action's Register publication [see 655:10-15-6 (relating to Register citations)], and the effective date of the action.
(A) Types of entries.
(i) New Section/Appendix. The source note entry for an action which adds a new Section or Appendix appears in the Code as follows: "Added at (cite to Register publication), eff (effective date)."

(ii) Revoked Section/Appendix. The source note entry for an action which revokes a Section or Appendix appears in the Code as follows: "Revoked at (cite to Register publication), eff (effective date)."

(iii) Amended Section. The source note entry for an action which amends a Section appears in the Code as follows: "Amended at (cite to Register publication), eff (effective date)."

(iv) Amended Appendix (revoked and reenacted). The source note entry for an action which amends an Appendix through revocation and reenactment appears in the Code as follows: "Revoked and reenacted at (cite to Register publication), eff (effective date)."

(v) Renumbered Section/Appendix. The source note entries for an action which renumbers a Section or Appendix, with no amendments to the Section or Appendix, appear in the Code as follows:
(I) For the prior Section or Appendix: "Renumbered to (new Section or Appendix number) at (cite to Register publication), eff (effective date)."

(II) For the newly-numbered Section or Appendix: "Renumbered from (prior Section or Appendix number) at (cite to Register publication), eff (effective date)."

(vi) Amended and renumbered Section/Appendix. The source note entries for an action which renumbers AND amends a Section or Appendix appear in the Code as follows:
(I) For the prior Section or Appendix: "Amended and renumbered to (new Section or Appendix number) at (cite to Register publication), eff (effective date)."

(II) For the newly-numbered Section: "Amended and renumbered from (prior Section number) at (cite to Register publication), eff (effective date)."

(vii) Reserved Section/Appendix. The source note entry for an action which reserves a Section or Appendix appears in the Code as follows: "Reserved at (cite to Register publication), eff (effective date)."

(viii) Expired Section/Appendix. The source note entry for an emergency action on a Section or Appendix which expires without being superseded by another action appears in the Code as set forth in (B)(ii) of this paragraph.

(ix) Special circumstances. The OAR may use alternate wording for source note entries which are needed to describe special or unusual circumstances.

(B) Prior emergency actions.
(i) Superseded emergency actions. If emergency amendments to or revocations of a Section or Appendix are promulgated between permanent rulemaking actions on the Section or Appendix, or if the Section or Appendix is a new permanent Section or Appendix which was preceded by emergency promulgation as a new Section/Appendix, the source note includes an entry for each emergency action. The entry is prepared pursuant to (A) of this paragraph, but is followed by the word "(emergency)." For an example of an emergency source note entry, see (1)(C) of this subsection.

(ii) Expired emergency actions. If an emergency action on a Section or Appendix is allowed to expire without being superseded by a permanent rulemaking action, the source note entry is prepared as set forth in (i) of this subparagraph, except that the effective date is followed by the word "through" and the expiration date of the emergency action. For example: Added at 9 Ok Reg 221, eff 8-21-91 through 7-14-92 (emergency).

(C) Chronological order. Source note entries in a Section or Appendix source note are listed in chronological order by effective date.

Added at 15 Ok Reg 3353, eff 7-15-98; Amended at 18 Ok Reg 2777, eff 7-1-01

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