Current through Vol. 42, No. 1, September 16, 2024
(a)
Not
regulatory text. Agency Notes are not considered regulatory
text.
(b)
Applicability. Agencies shall use an Agency Note only when it is
necessary for the agency to include, apart from the regulatory text, any of the
following:
(1) A reference to any rule
requiring a new or revised form [75:251(B)(2)(e)] as a result of the rulemaking
action.
(2) A reference to any
rearranging or relocation of a rule, to ensure that required strikeouts and
underscoring do not mislead the reader. For example, an Agency Note may be used
to alert the reader that text being deleted or revoked in a Section has been
added to another existing Section, or is being deleted because it already
exists in another Section.
(3) Any
other information which the agency finds necessary, with the following
restrictions:
(A) An agency may not include
such information in an Agency Note unless specifically approved by the
OAR.
(B) Agency Notes are used to
clarify or identify something unique or unusual about a specific rulemaking
ACTION rather than the rule itself. As such, Agency Notes are rarely
transferred to the Code after Register publication. If a rule needs to be
clarified, such clarification should be promulgated in the rule itself. An
Agency Note should not be used to footnote or annotate a rule. It should not be
used for cross referencing or "see also" cites, or for citing to federal or
other laws.
(c)
Location. Agencies may type
Agency Notes following a specific Section or Appendix or following the last
Section or Appendix in the rule document. Agencies may not type Agency Notes
within a Section or Appendix.
(d)
Format. Agencies shall prepare Agency Notes in the following
format:
(1) Beginning at the left margin and
two single spaces below the last line of the Section or Appendix, type
"
(2) When an Agency
Note is followed by the text of another Section, the agency shall begin the
text of the next Section two single spaces below the Agency Note.
Amended at 9 Ok Reg
2983, eff 7-13-92; Amended at 15 Ok Reg 3353, eff
7-15-98
AGENCY NOTE: ", followed
by the necessary information.
