Oklahoma Administrative Code
Title 655 - Secretary of State
Chapter 10 - Administrative Rules on Rulemaking
Subchapter 7 - Preparation of Documents
Part 5 - NOTICE DOCUMENTS
Section 655:10-7-26 - Notices of rulemaking intent

Universal Citation: OK Admin Code 655:10-7-26

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

(a) Use. See 655:10-7-26.1 and 75 O.S., Section 303a for separate requirements for Notices of Expedited Repeal Requests.

(1) Permanent rules. Prior to adoption of a permanent rule, the agency must publish in the Register a notice describing the intended rulemaking action. The notice of rulemaking intent must be prepared pursuant to this Section. The agency must allow a minimum 30-day comment period following publication of the notice before adopting the rules. [75:303(A)-(C)]

(2) Emergency and preemptive rules. Although an agency is not required to publish a notice of rulemaking intent prior to adoption of an emergency or preemptive rule, the agency may publish a notice of rulemaking intent that announces a full or abbreviated comment period and/or a hearing. If the agency elects to publish a notice of rulemaking intent, the notice must be prepared pursuant to this Section. [75:253(J) and 75:250.6(D)]

(b) Format; document heading. The notice of rulemaking intent begins with the document heading required in 655:10-7-3. Beginning two single spaces below the document heading, include the headings and information described in (c) of this Section, formatted pursuant to the following:

(1) Begin each heading at the left margin.

(2) Begin the contents required for each heading on the first line below the heading.

(3) Tab the first line of the contents, but do not tab subsequent lines of the contents; except, when listing rules under the heading PROPOSED RULES [see (c)(2) of this Section], begin each rule number on a separate tabbed line under the heading.

(c) Content. A notice of rulemaking intent must be prepared pursuant to the style required in (b) of this Section and must contain the following headings and information:

(1) Rulemaking action. Under the bolded heading "RULEMAKING ACTION:", type one of the following:
(A) If permanent rulemaking is proposed, type "Notice of proposed PERMANENT rulemaking."

(B) If emergency rulemaking is proposed, type "Notice of proposed EMERGENCY rulemaking."

(C) If preemptive rulemaking is proposed, type "Notice of proposed PREEMPTIVE rulemaking."

(D) If permanent and emergency rulemaking are simultaneously proposed (i.e., the agency is announcing a comment period/hearing to consider adopting the proposed rules as both permanent and emergency rules), type "Notice of proposed PERMANENT and EMERGENCY rulemaking."

(2) Proposed rules. Under the bolded heading "PROPOSED RULES:", identify the proposed rulemaking action. It is the agency's responsibility to determine how specific its identification of the proposed rules should be. However, the agency must comply with the following:
(A) If the agency elects not to identify each affected Section and Appendix, the agency must at a minimum identify whether the Chapter itself is being added, amended, or revoked by typing the Chapter number and name followed by [NEW], [AMENDED], or [REVOKED].

(B) If the agency elects to identify each affected Section, Appendix, Part, and Subchapter, the agency must identify whether the Sections, Appendices, Parts, and/or Subchapters are [NEW], [AMENDED], [REVOKED], [RESERVED], [RENUMBERED], or [AMENDED AND RENUMBERED]. If headings or taglines are included, identify any proposed amendments to a heading or tagline through the use of strikeouts and underscoring. [See also 655:10-7-11(b)(2) (relating to identifying rules in preambles)]

(3) Summary. Under the bolded heading "SUMMARY:", explain the proposed action by including, at a minimum, the following statutory requirements:
(A) in simple language, a brief summary of the rule[s]. [75:303(B)(1)]

(B) the proposed action[s] being taken. [75:303(B)(2)]

(C) the circumstances which created the need for the rule[s]. [75:303(B)(3)]

(D) the intended effect of the rule[s]. [75:303(B)(5)].

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

(B) cite the specific legal authority, including statutory citations,authorizing the proposed rule [75:303(B)(4)]. The "specific legal authority" is the statute or other legal instrument which authorizes the promulgation of rules for this area of control, or the statute or other legal instrument which authorizes the rules. Do not cite APA statutes which authorize rulemaking procedures except when promulgating "required rules" pursuant to 655:10-5-7.

(5) Comment period. Under the bolded heading "COMMENT PERIOD:", cite the time when, the place where, and the manner in which interested persons may submit data, views or arguments, orally or in writing [75:303(A)(2)]. The agency must allow a minimum 30-day comment period from the date the notice will be published in the Register.

(6) Public hearing. Under the bolded heading "PUBLIC HEARING:", cite one of the following:
(A) If the agency schedules a hearing, cite the date, time and place of such hearing, and the manner in which interested persons may present their views [75:303(B)(7)]. The hearing may not be held earlier than thirty (30) days after notice of the hearing is published [75:303(C)(2)] in the Register.

(B) If the agency does not schedule a hearing, cite the time when, the place where, and the manner in which persons may demand a hearing [75:303(B)(9)]. The agency must allow a minimum of 30 days from the date the NRI is published for persons to demand a hearing. [75:303(C)(1)]

(7) Requests for comments from business entities. Under the bolded heading "REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES," identify whether any of the proposed rules affect business entities, as follows:
(A) If the agency determines that the rule[s] affects business entities, include a request that such entities provide the agency, within the comment period, in dollar amounts if possible, the increase in the level of direct costs . . . and indirect costs . . ., or other costs expected to be incurred by a particular entity due to compliance with the proposed rule[s] [75:303(B)(6)]; or

(B) If the agency determines that the rule(s) does not affect business entities, as described in (A) of this paragraph and in 75 O.S., Section 303(B)(6), type "n/a."

(8) Copies of proposed rules. Under the bolded heading "COPIES OF PROPOSED RULES:", cite where copies of the proposed rules may be obtained for review by the public [75:303(B)(10)]. Other information about the proposed rules, such as copying charges, may also be included.

(9) Rule impact statement. Under the bolded heading "RULE IMPACT STATEMENT: ":
(A) state if the agency intends to issue a rule impact statement ... and where copies of such impact statement may be obtained for review by the public [75:303(B)(8)]. Do not include the rule impact statement itself. The rule impact statement must be issued prior to or within fifteen (15) days after the date of publication of the notice of proposed rule adoption (i.e., the Notice of Rulemaking Intent) [75:303(D)(1)]. See 75 O.S., Section 303(D)(2) for required contents of a rule impact statement.

(B) If the agency has received a waiver in writing from the Governor pursuant to 75 O.S., Section 303(D)(3), cite "Waived by Governor on (date)."

(10) Contact person. Under the bolded heading "CONTACT PERSON:", include the name and phone number of a contact person for information regarding the proposed rulemaking.

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

Amended at 9 Ok Reg 2983, eff 7-13-92; Amended at 15 Ok Reg 3353, eff 7-15-98; Amended at 17 Ok Reg 2655, eff 7-1-00; Amended at 18 Ok Reg 2777, eff 7-1-01; Amended at 19 Ok Reg 2863, eff 7-2-02 (emergency); Amended at 20 Ok Reg 2575, eff 7-11-03

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