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 or Notice of Expedited Repeal
Request, 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)
Publication. If the hearing
or comment period is continued to a date which is earlier than five days after
the expected publication date of the Notice of Continued Hearing or Comment
Period, the Notice of Continued Hearing or Comment Period is not published, but
is maintained in the official Register files.
(c)
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 or EXPEDITED REPEALS
REQUESTED [see (d)(2) of this Section], begin each rule number on a
separate tabbed line under the heading.
(d)
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, EMERGENCY,
PERMANENT/EMERGENCY, EXPEDITED REPEAL) rulemaking action."
(2)
Proposed rules /expedited
repeals. 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)]
or under the heading " EXPEDITED REPEALS REQUESTED " in the Notice
of Expedited Repeal Request [see 655:10-7-26.1(c)(2)] .
(3)
Register publication of
Notice. Under the bolded heading "REGISTER PUBLICATION OF
NOTICE:", type the following: "The (Notice of Rulemaking Intent, Notice
of Expedited Repeal Request) 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.
(A)
Permanent, emergency, or preemptive rules. Under the bolded
heading "
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES," identify
whether any of the proposed rules affect business entities, as follows:
(i)
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
(ii) 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."
(B)
Expedited
repeals. Do not include this heading or this information if continuing a
comment period or an optional public hearing for a request for the expedited
repeal of rules.
(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.
(A)
Permanent, emergency, or preemptive
rules. 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)].
(B)
Expedited repeals. Do not
include this heading or this information if continuing a comment period or an
optional public hearing for the expedited repeal of rules.
(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.
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
