{"data":{"id":"us-ok/okla.-stat.-tit.-59-59-545.9","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 59, § 59-545.9","heading":"Commission rulemaking","body":"A. The Commission shall exercise its rulemaking powers pursuant\n\nto the criteria set forth in this section and the rules adopted\n\nthereunder. Commission rules shall become binding as of the date\n\nspecified by the Commission for each rule.\n\nB. The Commission shall promulgate reasonable rules in order to\n\neffectively and efficiently implement and administer the Compact and\n\nachieve its purposes. A Commission rule shall be invalid and have\n\nno force or effect only if a court of competent jurisdiction holds\n\nthat the rule is invalid because the Commission exercised its\n\nrulemaking authority in a manner that is beyond the scope of the\n\npurposes of the Compact, or the powers granted hereunder, or based\n\nupon another applicable standard of review.\n\nC. The rules of the Commission shall have the force of law in\n\neach participating state; provided, however, that where the rules of\n\nthe Commission conflict with the laws of the participating state\n\nthat establish the medical services a PA may perform in the\n\nparticipating state, as held by a court of competent jurisdiction,\n\nthe rules of the Commission shall be ineffective in that state to\n\nthe extent of the conflict.\n\nD. If a majority of the legislatures of the participating\n\nstates rejects a Commission rule, by enactment of a statute or\n\nresolution in the same manner used to adopt the Compact within four\n\n(4) years of the date of adoption of the rule, then such rule shall\n\nhave no further force and effect in any participating state or to\n\nany state applying to participate in the Compact.\n\nE. Commission rules shall be adopted at a regular or special\n\nmeeting of the Commission.\n\nF. Prior to promulgation and adoption of a final rule or rules\n\nby the Commission, and at least thirty (30) days in advance of the\n\nmeeting at which the rule will be considered and voted upon, the\n\nCommission shall file a notice of proposed rulemaking:\n\n1. On the website of the Commission or other publicly\n\naccessible platform;\n\n2. To persons who have requested notice of the Commission's\n\nnotices of proposed rulemaking; and\n\n3. In such other way(s) as the Commission may by rule specify.\n\nG. The notice of proposed rulemaking shall include:\n\n1. The time, date, and location of the public hearing on the\n\nproposed rule and the proposed time, date, and location of the\n\nmeeting in which the proposed rule will be considered and voted\n\nupon;\n\n2. The text of the proposed rule and the reason for the\n\nproposed rule;\n\n3. A request for comments on the proposed rule from any\n\ninterested person and the date by which written comments must be\n\nreceived; and\n\n4. The manner in which interested persons may submit notice to\n\nthe Commission of their intention to attend the public hearing or\n\nprovide any written comments.\n\nH. Prior to adoption of a proposed rule, the Commission shall\n\nallow persons to submit written data, facts, opinions, and\n\narguments, which shall be made available to the public.\n\nI. If the hearing is to be held via electronic means, the\n\nCommission shall publish the mechanism for access to the electronic\n\nhearing.\n\n1. All persons wishing to be heard at the hearing shall, as\n\ndirected in the notice of proposed rulemaking, not less than five\nions, and\n\narguments, which shall be made available to the public.\n\nI. If the hearing is to be held via electronic means, the\n\nCommission shall publish the mechanism for access to the electronic\n\nhearing.\n\n1. All persons wishing to be heard at the hearing shall, as\n\ndirected in the notice of proposed rulemaking, not less than five\n\n(5) business days before the scheduled date of the hearing, notify\n\nthe Commission of their desire to appear and testify at the hearing.\n\n2. Hearings shall be conducted in a manner providing each\n\nperson who wishes to comment a fair and reasonable opportunity to\n\ncomment orally or in writing.\n\n3. All hearings shall be recorded. A copy of the recording and\n\nthe written comments, data, facts, opinions, and arguments received\n\nin response to the proposed rulemaking shall be made available to a\n\nperson upon request.\n\n4. Nothing in this section shall be construed as requiring a\n\nseparate hearing on each proposed rule. Proposed rules may be\n\ngrouped for the convenience of the Commission at hearings required\n\nby this section.\n\nJ. Following the public hearing, the Commission shall consider\n\nall written and oral comments timely received.\n\nK. The Commission shall, by majority vote of all delegates,\n\ntake final action on the proposed rule and shall determine the\n\neffective date of the rule, if adopted, based on the rulemaking\n\nrecord and the full text of the rule.\n\n1. If adopted, the rule shall be posted on the Commission's\n\nwebsite.\n\n2. The Commission may adopt changes to the proposed rule\n\nprovided the changes do not enlarge the original purpose of the\n\nproposed rule.\n\n3. The Commission shall provide on its website an explanation\n\nof the reasons for substantive changes made to the proposed rule, as\n\nwell as reasons for substantive changes not made that were\n\nrecommended by commenters.\n\n4. The Commission shall determine a reasonable effective date\n\nfor the rule. Except for an emergency as provided in subsection L\n\nof this section, the effective date of the rule shall be no sooner\n\nthan thirty (30) days after the Commission issued the notice that it\n\nadopted the rule.\n\nL. Upon determination that an emergency exists, the Commission\n\nmay consider and adopt an emergency rule with twenty-four (24) hours\n\nprior notice, without the opportunity for comment or hearing,\n\nprovided that the usual rulemaking procedures provided in the\n\nCompact and in this section shall be retroactively applied to the\n\nrule as soon as reasonably possible, in no event later than ninety\n\n(90) days after the effective date of the rule. For the purposes of\n\nthis subsection, an emergency rule is one that must be adopted\n\nimmediately by the Commission in order to:\n\n1. Meet an imminent threat to public health, safety, or\n\nwelfare;\n\n2. Prevent a loss of Commission or participating state funds;\n\n3. Meet a deadline for the promulgation of a Commission rule\n\nthat is established by federal law or rule; or\n\n4. Protect public health and safety.\n\nM. The Commission or an authorized committee of the Commission\n\nmay direct revisions to a previously adopted Commission rule for\n\npurposes of correcting typographical errors, errors in format,\n\nerrors in consistency, or grammatical errors. Public notice of any\n\nrevisions shall be posted on the website of the Commission. The\n\nrevision shall be subject to challenge by any person for a period of\n\nthirty (30) days after posting. The revision may be challenged only\n\non grounds that the revision results in a material change to a rule.\n\nA challenge shall be made as set forth in the notice of revisions\n\nand delivered to the Commission prior to the end of the notice\n\nperiod. If no challenge is made, the revision will take effect\n\nwithout further action. If the revision is challenged, the revision\n\nmay not take effect without the approval of the Commission.\nonly\n\non grounds that the revision results in a material change to a rule.\n\nA challenge shall be made as set forth in the notice of revisions\n\nand delivered to the Commission prior to the end of the notice\n\nperiod. If no challenge is made, the revision will take effect\n\nwithout further action. If the revision is challenged, the revision\n\nmay not take effect without the approval of the Commission.\n\nN. No participating state's rulemaking requirements shall apply\n\nunder the Compact.","path":["OK Code","Title 59"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os59.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"c33e28452c08237dbf9f016d647c804c95ebdbf03484aebf2cc4c31a33d50a53","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-59-59-545.8","next":"us-ok/okla.-stat.-tit.-59-59-567.1"},"notice":"GroundRules: Original legal text. Not legal advice."}