Oklahoma Administrative Code
Title 655 - Secretary of State
Chapter 10 - Administrative Rules on Rulemaking
Subchapter 7 - Preparation of Documents
Part 5 - NOTICE DOCUMENTS
Section 655:10-7-32 - Notices of legislative disapproval

Universal Citation: OK Admin Code 655:10-7-32

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

(a) Use. The agency must submit notice of legislative disapproval of rules to the OAR for publication in the Register if:

(1) a permanent rule is disapproved by joint resolution of the Legislature pursuant to 75 O.S., Section 308(B) and (C) AND the resolution is either approved by the Governor pursuant to OKLA. Const. Art. 6, Section 11 or the Governor's veto is overridden by the Legislature;

(2) a proposed or promulgated emergency rule is disapproved by joint resolution of the Legislature pursuant to 75O.S., Section 253(H)(2)(a), and the resolution is either approved by the Governor pursuant to OKLA. Const. Art. 6, Section 11 or the Governor's veto is overridden by the Legislature; or

(3) a proposed expedited repeal of rules is disapproved by joint resolution of the Legislature pursuant to 75 O.S., Section 308(B) and (C), and the resolution is either approved by the Governor pursuant to OKLA. Const. Art. 6, Section 11 or the Governor's veto is overridden by the Legislature.

(b) Format; document heading. The Notice of Legislative Disapproval of Rules 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 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 RULES or EXPEDITED REPEALS REQUESTED [see (c)(2) of this Section], begin each rule number on a separate tabbed line under the heading.

(c) Content. A Notice of Legislative Disapproval of Rules 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 the disapproved rules are permanent, type "Legislative disapproval of PERMANENT rules."

(B) If the disapproved rules are emergency, type "Legislative disapproval of EMERGENCY rules."

(C) If the disapproved rules are preemptive, type "Legislative disapproval of PREEMPTIVE rules."

(D) If the disapproved rules are expedited repeals, type "Legislative disapproval of EXPEDITED REPEAL of rules."

(2) Rules. Under the bolded heading "RULES: "or " EXPEDITED REPEALS REQUESTED:", identify the disapproved rules as described in 655:10-7-11(b)(2) or 655:10-7-11.1(c)(3)(B).

(3) Legislative disapproval. Under the bolded heading "LEGISLATIVE DISAPPROVAL:", type "(These rules were, This rule was) disapproved by the Legislature in (number of joint resolution), effective (date)." The effective date is the date the resolution disapproving rules was approved by the Governor pursuant to OKLA. Const. Art. 6, Section 11, or the date the Governor's veto was overridden by the Legislature.

(4) Emergency rules terminated. Under the bolded heading "EMERGENCY RULES TERMINATED:", type the following if the disapproved rules are permanent or preemptive rules which are based on effective emergency rules [75:253(H)(2)(c)]: "The following emergency rules are also terminated by this disapproval:".
(A) Rules. Under the bolded subheading "RULES:", identify each emergency rule terminated as a result of the disapproval.

(B) Gubernatorial approval. Under the bolded subheading "Gubernatorial approval:", cite the date or dates of emergency approval by the Governor.

(C) Register publication. Under the bolded subheading "Register publication:", type the docket number and the full citation to the Register publication of the emergency rules. [see 655:10-15-4 (relating to docket number) and 655:10-15-6 (relating to citing the Register)]

Amended at 9 Ok Reg 2983, eff 7-13-92; Amended at 15 Ok Reg 3353, eff 7-15-98; Amended at 29 Ok Reg 1719, eff 8-1-12

Disclaimer: These regulations may not be the most recent version. Oklahoma may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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