Current through Vol. 42, No. 1, September 16, 2024
(a)
Withdrawal of permanent rules. As set forth in 75 O.S., Section
308(F), an agency may withdraw a permanent rule prior to its final adoption, as
defined in 75 O.S., Sections 250.3(7) and OAC
655:10-1-2.
When an agency withdraws a permanent rule after its adoption but prior to its
final adoption, the agency must submit a Notice of Withdrawn Rules pursuant to
this Section, except as provided in (d) of this section.
(b)
Withdrawal of emergency
rules. An agency may withdraw an emergency rule prior to its approval by
the Governor pursuant to 75 O.S., Section 253(K). When an agency withdraws an
emergency rule after its submission to the Governor but prior to its approval
by the Governor, the agency must submit a Notice of Withdrawn Rules pursuant to
this Section, except as provided in (d) of this section.
(1) If the agency published a Notice of
Rulemaking Intent for the withdrawn emergency rule, the OAR will publish the
Notice of Withdrawn Rules in the Register.
(2) If the agency did not publish a Notice of
Rulemaking Intent for the withdrawn emergency rule, the OAR will not publish
the Notice of Withdrawn Rules, but will retain the Notice in the official
files.
(c)
Withdrawal of expedited repeal. As set forth in 75 O.S., Section
303a(C), an agency may withdraw an expedited repeal request "prior to final
legislative adoption." When an agency withdraws an expedited repeal request
prior to its final legislative adoption, the agency must submit a Notice of
Withdrawn Rules pursuant to this Section. [See also 75:303a and 655:10-7-26.1]
(d)
Filing exception for
"resubmitted rules."
(1)
Criteria for "resubmitted rules." When an agency discovers an
error in a filing that has been submitted to the Governor and Legislature via
the State Online Filing System ("System"), the System allows the agency to
"resubmit" that filing, but only if:
(A) the
agency resubmits the filing within 10 calendar days after the rules were
adopted, and
(B) the agency first
withdraws the original submission in the System. The System requires a Notice
of Withdrawn Rules to be prepared pursuant to this section. The agency may
include information under the heading "ADDITIONAL INFORMATION:",
as described in (f)(3)(A)(iv) of this section, to explain that the rules,
although withdrawn, are being resubmitted.
(2)
Filing with OAR not
required. When an agency withdraws and resubmits a filing on the System
within 10 days after the rules were adopted, as described in (1)(A) of this
subsection, the agency should not submit a copy of the Notice of Withdrawn
Rules required by (1)(B) of this subsection to the OAR. If submitted, the OAR
will not publish the Notice of Withdrawn Rules, but will retain the Notice in
the official files.
(e)
Format; document heading. The Notice of Withdrawn 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 (f) 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 WITHDRAWN RULES [see (f) (2) of this Section], begin
each rule number on a separate tabbed line under the
heading.
(f)
Content. A Notice of Withdrawn Rules must be prepared pursuant to
the style required in (e) 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 withdrawn rules are permanent,
type "Withdrawal of PERMANENT rulemaking."
(B) If the withdrawn rules are emergency,
type "Withdrawal of EMERGENCY rulemaking."
(C) If the withdrawn rules are expedited
repeals, type "Withdrawal of EXPEDITED repeal request."
(2)
Withdrawn rules. Under the
bolded heading "WITHDRAWN RULES:", identify the withdrawn rules as
described in
655:10-7-11(b)(2).
(3)
Dates. Under the bolded
heading "
DATES:", identify any of the following dates which apply
to the rulemaking action prior to withdrawal.
(A)
Withdrawal of permanent/emergency
rules. If the agency is withdrawing proposed permanent or emergency
rules, use the following format:
(i)
Adoption. Under the bolded subheading "Adoption:",
cite the date the rules were adopted.
(ii)
Submission of adopted rules to
Governor and Legislature. Include this subheading and information if
rules are withdrawn after submission of the adopted rules to the Governor and
Legislature. Under the bolded subheading "Submission of adopted rules to
Governor and Legislature:", cite the date the rules were submitted to
the Governor and Legislature.
(iii)
Withdrawn. Under the bolded subheading "Withdrawn:",
cite the date the rules were withdrawn from the rulemaking process. This date
is the date withdrawal notice is given to the Governor, the Speaker of the
House of Representatives, the President Pro Tempore of the Senate, and the
Joint Committee.
(iv)
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.
(B)
Withdrawal of expedited repeal
request. If the agency is withdrawing an expedited repeal request, use
the following format:
(i)
Submission of
expedited repeal request to Legislature. Include this subheading and
information if the expedited repeal request is being withdrawn after submission
of the request to the Legislature and "prior to final legislative adoption"
[75:303a(C)]. Under the bolded subheading "Submission of expedited repeal
request to Legislature:", cite the date the repeal request was submitted
to the Legislature.
(ii)
Withdrawn. Under the bolded subheading "Withdrawn:",
cite the date the expedited repeal request was withdrawn from the expedited
repeal process. This withdrawal date is the date the withdrawal notice is given
to the Speaker of the House of Representatives, President Pro Tempore of the
Senate, and Joint Committee.
(iii)
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.
Amended at 9 Ok Reg
2983, eff 7-13-92; Amended at 15 Ok Reg 3353, eff 7-15-98; Amended at 16 Ok Reg
2597, eff 7-1-99; Amended at 29 Ok Reg 1719, eff
8-1-12
