Current through Vol. 42, No. 1, September 16, 2024
(a)
Use. If an agency continues a hearing or comment period announced in a published Notice of Rulemaking Intent, the agency may submit a Notice of Continued Hearing or Comment Period to the OAR. [See also 655:10-7-52 (relating to notice document scope)]
(b)
Format; document heading. The Notice of Continued Hearing or Comment Period 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 (d) of this Section, formatted pursuant to the following:
(1) Begin each heading and subheading at the left margin.
(2) Begin the contents required for each heading and subheading on the first line below the heading or subheading.
(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, begin each rule number on a separate tabbed line under the heading.
(c)
Content. A Notice of Continued Hearing or Comment Period must be prepared pursuant to the style required in (c) of this Section and must contain the following headings and information:
(1)
Rulemaking action. Under the bolded heading "RULEMAKING ACTION:", type the following: "Continued (comment period, public hearing, comment period and public hearing) relating to a proposed (PERMANENT or EMERGENCY) rulemaking action."
(2)
Proposed rules. Under the bolded heading "PROPOSED RULES:", type the same information included under the heading "PROPOSED RULES" in the Notice of Rulemaking Intent [see 655:10-7-26(c)(2)] .
(3)
Register publication of Notice. Under the bolded heading "REGISTER PUBLICATION OF NOTICE:", type the following: "The Notice of Rulemaking Intent for this action was published at (Register cite)." [See 655:10-15-6 (relating to citing the Register)]
(4)
Continued comment period.
(A) Under the bolded heading "
CONTINUED COMMENT PERIOD:" (if continuing a comment period), include the following:
(i)
Original comment period. Under the bolded subheading "Original comment period:", cite the beginning and ending dates of the original comment period.
(ii)
Continued to. Under the bolded subheading "Continued to:", 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)] for the comment period which continues the original comment period.
(B) Do not include this heading or this information unless a comment period is being continued.
(5)
Continued public hearing.
(A) Under the bolded heading "
CONTINUED PUBLIC HEARING:" (if continuing a public hearing), include the following:
(i)
Original public hearing. Under the bolded subheading "Original public hearing:", cite the date, time, and place of the original public hearing.
(ii)
Continued to. Under the bolded subheading "Continued to:", cite the date, time, and place of the hearing which continues the original public hearing.
(B) Do not include this heading or this information unless a public hearing is being continued.
(6)
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 (i) of this subparagraph and in 75 O.S., Section 303(B)(6), type "n/a."
(7)
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)(9)].
(8)
Rule impact statement.
Under the bolded heading "RULE IMPACT STATEMENT:", state if the agency has issued or 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)].
(9)
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.
