{"data":{"id":"us-ok/okla.-stat.-tit.-75-75-250.4","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 75, § 75-250.4","heading":"Compliance with act - Exemptions","body":"A. 1. Except as is otherwise specifically provided in this\n\nsubsection, each agency is required to comply with Article I of the\n\nAdministrative Procedures Act.\n\n2. The Corporation Commission shall be required to comply with\n\nthe provisions of Article I of the Administrative Procedures Act\n\nexcept for subsections A, B, C and E of Section 303 of this title\n\nand Section 306 of this title. To the extent of any conflict or\n\ninconsistency with Article I of the Administrative Procedures Act,\n\npursuant to Section 35 of Article IX of the Oklahoma Constitution,\n\nit is expressly declared that Article I of the Administrative\n\nProcedures Act is an amendment to and alteration of Sections 18\n\nthrough 34 of Article IX of the Oklahoma Constitution.\n\n3. The Oklahoma Military Department shall be exempt from the\n\nprovisions of Article I of the Administrative Procedures Act to the\n\nextent it exercises its responsibility for military affairs.\n\nMilitary publications, as defined in Section 801 of Title 44 of the\n\nOklahoma Statutes, shall be exempt from the provisions of Article I\n\nand Article II of the Administrative Procedures Act, except as\n\nprovided in Section 251 of this title.\n\n4. The Oklahoma Ordnance Works Authority, the Northeast\n\nOklahoma Public Facilities Authority, the Oklahoma Office of\n\nHomeland Security and the Board of Trustees of the Oklahoma College\n\nSavings Plan shall be exempt from Article I of the Administrative\n\nProcedures Act.\n\n5. The Transportation Commission and the Department of\n\nTransportation shall be exempt from Article I of the Administrative\n\nProcedures Act to the extent they exercise their authority in\n\nadopting standard specifications, special provisions, plans, design\n\nstandards, testing procedures, federally imposed requirements and\n\ngenerally recognized standards, project planning and programming,\n\nand the operation and control of the State Highway System.\n\n6. The Oklahoma State Regents for Higher Education shall be\n\nexempt from Article I of the Administrative Procedures Act with\n\nrespect to:\n\na. prescribing standards of higher education,\n\nb. prescribing functions and courses of study in each\n\ninstitution to conform to the standards,\n\nc. granting of degrees and other forms of academic\n\nrecognition for completion of the prescribed courses,\n\nd. allocation of state-appropriated funds, and\n\ne. fees within the limits prescribed by the Legislature.\n\n7. Institutional governing boards within The Oklahoma State\n\nSystem of Higher Education shall be exempt from Article I of the\n\nAdministrative Procedures Act.\n\n8. a. The Commissioner of Public Safety and the Director of\n\nService Oklahoma shall be exempt from Sections 303.1,\n\n304, 307.1, 308 and 308.1 of this title insofar as it\n\nis necessary to promulgate rules pursuant to the\n\nOklahoma Motor Carrier Safety and Hazardous Materials\n\nTransportation Act, to maintain a current\n\nincorporation of federal motor carrier safety and\n\nhazardous material regulations.\n\nb. Such rules may be adopted by the Commissioner and\n\nshall be deemed promulgated twenty (20) days after\n\nnotice of adoption is published in “The Oklahoma\n\nRegister”. Such publication need not set forth the\n\nfull text of the rule but may incorporate the federal\n\nrules and regulations by reference.\n\nc. Such copies of promulgated rules shall be filed with\n\nthe Secretary as required by Section 251 of this\n\ntitle.\n\nd. For any rules for which the Commissioner has\n\ndiscretion to allow variances, tolerances or\n\nmodifications from the federal rules and regulations,\n\nthe Commissioner shall fully comply with Article I of\n\nthe Administrative Procedures Act.\n\n9. The Council on Judicial Complaints shall be exempt from\n\nSection 306 of Article I of the Administrative Procedures Act, with\n\nrespect to review of the validity or applicability of a rule by an\nodifications from the federal rules and regulations,\n\nthe Commissioner shall fully comply with Article I of\n\nthe Administrative Procedures Act.\n\n9. The Council on Judicial Complaints shall be exempt from\n\nSection 306 of Article I of the Administrative Procedures Act, with\n\nrespect to review of the validity or applicability of a rule by an\n\naction for declaratory judgment, or any other relief based upon the\n\nvalidity or applicability of a rule, in the district court or by an\n\nappellate court. A party aggrieved by the validity or applicability\n\nof a rule made by the Council on Judicial Complaints may petition\n\nthe Court on the Judiciary to review the rules and issue opinions\n\nbased upon them.\n\n10. The Department of Corrections, State Board of Corrections,\n\ncounty sheriffs and managers of city jails shall be exempt from\n\nArticle I of the Administrative Procedures Act with respect to:\n\na. prescribing internal management procedures for the\n\nmanagement of the state prisons, county jails and city\n\njails and for the management, supervision and control\n\nof all incarcerated prisoners, and\n\nb. prescribing internal management procedures for the\n\nmanagement of the probation and parole unit of the\n\nDepartment of Corrections and for the supervision of\n\nprobationers and parolees.\n\n11. The State Board of Education shall be exempt from Article I\n\nof the Administrative Procedures Act with respect to prescribing\n\nsubject matter standards as provided for in Section 11-103.6a of\n\nTitle 70 of the Oklahoma Statutes.\n\nB. As specified, the following agencies or classes of agency\n\nactivities are not required to comply with the provisions of Article\n\nII of the Administrative Procedures Act:\n\n1. The Oklahoma Tax Commission, except as provided in\n\nsubsection G of Section 1140 of Title 47 of the Oklahoma Statutes;\n\n2. The Commission for Human Services;\n\n3. The Oklahoma Ordnance Works Authority;\n\n4. The Corporation Commission;\n\n5. The Pardon and Parole Board;\n\n6. The Midwestern Oklahoma Development Authority;\n\n7. The Grand River Dam Authority;\n\n8. The Northeast Oklahoma Public Facilities Authority;\n\n9. The Council on Judicial Complaints;\n\n10. The Board of Trustees of the Oklahoma College Savings Plan;\n\n11. The supervisory or administrative agency of any penal,\n\nmental, medical or eleemosynary institution, only with respect to\n\nthe institutional supervision, custody, control, care or treatment\n\nof inmates, prisoners or patients therein; provided, that the\n\nprovisions of Article II shall apply to and govern all\n\nadministrative actions of the Oklahoma Alcohol Prevention, Training,\n\nTreatment and Rehabilitation Authority;\n\n12. The Board of Regents or employees of any university,\n\ncollege, or other institution of higher learning;\n\n13. The Oklahoma Horse Racing Commission, its employees or\n\nagents only with respect to hearing and notice requirements on the\n\nfollowing classes of violations which are an imminent peril to the\n\npublic health, safety and welfare:\n\na. any rule regarding the running of a race,\n\nb. any violation of medication laws and rules,\n\nc. any suspension or revocation of an occupation license\n\nby any racing jurisdiction recognized by the\n\nCommission,\n\nd. any assault or other destructive acts within\n\nCommission-licensed premises,\n\ne. any violation of prohibited devices, laws and rules,\n\nor\n\nf. any filing of false information;\n\n14. The Commissioner of Public Safety and the Director of\n\nService Oklahoma only with respect to driver license hearings and\n\nhearings conducted pursuant to the provisions of Section 2-115 of\n\nTitle 47 of the Oklahoma Statutes;\n\n15. The Administrator of the Department of Securities only with\n\nrespect to hearings conducted pursuant to provisions of the Oklahoma\n\nTake-over Disclosure Act of 1985;\n\n16. Hearings conducted by a public agency pursuant to Section\n\n962 of Title 47 of the Oklahoma Statutes;\nlicense hearings and\n\nhearings conducted pursuant to the provisions of Section 2-115 of\n\nTitle 47 of the Oklahoma Statutes;\n\n15. The Administrator of the Department of Securities only with\n\nrespect to hearings conducted pursuant to provisions of the Oklahoma\n\nTake-over Disclosure Act of 1985;\n\n16. Hearings conducted by a public agency pursuant to Section\n\n962 of Title 47 of the Oklahoma Statutes;\n\n17. The Oklahoma Military Department;\n\n18. The University Hospitals Authority, including all hospitals\n\nor other institutions operated by the University Hospitals\n\nAuthority;\n\n19. The Oklahoma Health Care Authority Board and the\n\nAdministrator of the Oklahoma Health Care Authority; and\n\n20. The Oklahoma Office of Homeland Security.","path":["OK Code","Title 75"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os75.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"3748dce46e787fe05d31bc4b64ee317a0ab1d982d468350f5ac569aace2b97f2","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-75-75-250.3v2","next":"us-ok/okla.-stat.-tit.-75-75-250.4a"},"notice":"GroundRules: Original legal text. Not legal advice."}