Oklahoma Administrative Code
Title 655 - Secretary of State
Chapter 10 - Administrative Rules on Rulemaking
Subchapter 7 - Preparation of Documents
Part 3 - RULE DOCUMENTS
Section 655:10-7-11.1 - Preamble for expedited rule repeal documents

Universal Citation: OK Admin Code 655:10-7-11.1

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

(a) Use. Upon final legislative adoption [75:303a] of a proposed expedited repeal of rules, the agency must file a document, as set forth in this Section, with the OAR for publication in the Register.

(b) Document heading. The expedited rule repeal document must begin with a document heading, as set forth in 655:10-7-3.

(c) Content of preamble. The document heading must be followed by a preamble prepared pursuant to this Section.

(1) Location. The preamble begins two single spaces below the document heading. The preamble is followed by the enacting clause [see 655:10-7-13] , or the summary if the text of the rules exceeds 75 pages [see 655:10-7-12] .

(2) Format.
(A) The preamble must be single-spaced.

(B) The preamble must include the headings and information required in (b) of this Section, formatted pursuant to the following:
(i) Begin each heading and subheading at the left margin.

(ii) Begin the contents required for each heading and subheading on the first line below the heading or subheading.

(iii) Tab the first line of the contents, but do not tab subsequent lines of the contents; except, when listing rules under the heading REPEALEDRULES [see (c)(3)(B) of this Section], begin each rule number on a separate tabbed line under the heading.

(3) Content. The preamble must be prepared in the style described in (c)(2) of this Section and must contain the following headings and information:
(A) Rulemaking action. Under the bolded heading "RULEMAKING ACTION:", type "EXPEDITED rule repeals."

(B) Repealed rules. Under the bolded heading "REPEALED RULES:", identify repealed rules pursuant to the following:
(i) Less than 30 Sections/Appendices affected. If less than 30 Sections and/or Appendices are repealed:
(I) cite each Section and Appendix, followed by the word [REVOKED]. If consecutive Sections or Appendices are repealed, they may be grouped together (e.g., 10:10-1-5 through 10:10-1-9 [REVOKED]; 10:10-1-15 through 10:10-1-17 [REVOKED]; Appendix C through Appendix G [REVOKED]), and

(II) include all applicable Subchapter and Part numbers and headings, and add [REVOKED] following the Subchapter and Part headings if all the Sections in that Subchapter or Part are being repealed.

(ii) 30 or more Sections/Appendices affected. If 30 or more Sections and/or Appendices are repealed:
(I) cite the Chapter number and heading, rather than citing each Section and Appendix, and:

(II) identify whether the entire Chapter is repealed (i.e., every Section and Appendix in the Chapter, except those previously reserved, renumbered, or revoked, is being repealed), and add the word [REVOKED] following the Chapter number and heading.

(C) Authority. Under the bolded heading "AUTHORITY:":
(i) identify the rulemaking entity, as defined in 655:10-1-2, and

(ii) cite "75 O.S., Section 303a," which is the statute that sets out the criteria allowing for the expedited repeal of rules.

(D) Comment period. Under the bolded heading "COMMENT PERIOD:", cite the beginning date and ending date of the comment period announced in the published Notice of Expedited Repeal Request [see 655:10-7-26.1] .

(E) Submission of proposed repeals to Legislature. Under the bolded heading "SUBMISSION OF PROPOSED REPEALS TO LEGISLATURE:", cite the date the Notice of Expedited Repeal Request was submitted to the Speaker of the House of Representatives, President Pro Tempore of the Senate, and Joint Committee pursuant to 75 O.S., Section 303a.

(F) Legislative adoption. Under the bolded heading "LEGISLATIVE ADOPTION: ", type "Approved [effective date of joint resolution approving the expedited repeal of the rules] by [number of joint resolution]." The effective date of the resolution is the date the resolution was either approved by the Governor pursuant to OKLA. Const. Art. 6, Section 11 or the Governor's veto was overridden by the Legislature.

(G) Effective. Under the bolded heading "EFFECTIVE:", cite the specific effective date of the expedited repeals. The effective date may not be earlier than the effective date of the resolution approving the expedited repeal of the rules, as identified in (F) of this paragraph.

(H) Superseded emergency actions. Under the bolded heading "SUPERSEDED EMERGENCY ACTIONS:", cite one of the following:
(i) Rules that do NOT supersede emergency rules. If the expedited repeals do not supersede emergency rules that are in effect on the effective date of the expedited rule repeals, as cited in (c)(3)(G) of this section, type "n/a."

(ii) Rules that DO supersede emergency rules. If the rules do supersede emergency rules that are in effect on the effective date of the expedited rule repeals, as cited in (c)(3)(G) of this section, include the information in (I) through (IV) of this unit. If more than one emergency action is being superseded, repeat (I) through (IV) for each action.
(I) Superseded rules. Under the bolded subheading "Superseded rules:", identify the superseded emergency rules by citing each Section and Appendix being superseded, followed by the word [NEW], [AMENDED], [REVOKED], [RENUMBERED], [AMENDED AND RENUMBERED], or [RESERVED], to identify the emergency status of the Section or Appendix being superseded.

(II) Gubernatorial approval. Under the bolded subheading "Gubernatorial approval:", cite the date the superseded emergency rules were approved by the Governor.

(III) Register publication. Under the bolded subheading "Register publication:", include the full citation to the Register publication of the superseded emergency rules. [see 655:10-15-6 (relating to citing the Register)]

(IV) Docket number. Under the bolded subheading "Docket number:", cite the docket number assigned to the rule document which contains the superseded emergency rule(s).

(I) Gist/analysis. Under the bolded heading "GIST/ANALYSIS:", prepare, in plain language, a statement of the gist of the [rule repeals]and an analysis of the rule repeals. [75:251(B)(2)(f)]

(J) Contact person. Under the bolded heading "CONTACT PERSON:", include the name, email address, and phone number of a contact person for information regarding the expedited repeals.

(K) Additional information. Under the bolded heading "ADDITIONAL INFORMATION:", cite any additional information determined by the agency to be pertinent. The use of this category is optional.

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