{"data":{"id":"us-ok/okla.-stat.-tit.-75-75-250.6","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 75, § 75-250.6","heading":"Commission for Human Services - Preemptive rules -","body":"Approval by Governor - Filing of approval and rule - Publication -\n\nDisapproval by Legislature - Exemptions.\n\nA. 1. The Commission for Human Services may promulgate a\n\npreemptive rule pursuant to the provisions of this section:\n\na. when the Commission for Human Services is required by\n\nfederal law, federal rules, a state law enacted\n\npursuant to federal law or federal rule, or order of a\n\ncourt of competent jurisdiction to adopt a rule, or an\n\namendment, revision or revocation of an existing rule,\n\nand\n\nb. which if such rule is not immediately adopted would\n\nresult in the imposition of a financial penalty, or a\n\nreduction, withholding or loss of federal funds.\n\n2. A preemptive rule must be approved by the Governor pursuant\n\nto this section.\n\n3. The website of the Commission shall provide a link to the\n\nwebsite of the Secretary of State where the preemptive rules of the\n\nCommission are published.\n\n4. The conditions specified in this subsection for the\n\npromulgation of a preemptive rule shall be the only conditions\n\nauthorized for promulgation of such rule by the Commission for Human\n\nServices.\n\nB. 1. Upon the adoption of such preemptive rule by the\n\nCommission, the Director of the Department of Human Services shall\n\nrequest the Governor to approve the rules on the basis that such\n\nrules are required to comply with a federal law, federal rule, a\n\nstate law enacted pursuant to federal law or rule, or order of a\n\ncourt of competent jurisdiction and which if such rules are not\n\nimmediately adopted would result in a financial penalty, or a\n\nreduction, withholding or loss of federal funds.\n\n2. Upon the filing of the request for approval of a preemptive\n\nrule, the Governor shall review such rule and decide as to whether\n\nsuch rule should be approved. Prior to approval of a preemptive\n\nrule, the Governor shall submit the preemptive rule to the Office of\n\nthe Secretary of State for review of proper formatting unless the\n\npreemptive rule has been reviewed by the Office prior to agency\n\nsubmission to the Governor. Failure of the Governor to approve such\n\nrule within twenty-eight (28) calendar days shall constitute denial\n\nof the rule as a preemptive rule.\n\n3. Upon approval of a preemptive rule, the Governor shall\n\nimmediately notify the Commission. Upon receipt of notice of the\n\napproval of the preemptive rule, the Commission shall file the\n\nnumber of copies specified by the Secretary of the approval issued\n\nby the Governor and the number of copies specified by the Secretary\n\nof the preemptive rule with the Office pursuant to Section 251 of\n\nthis title.\n\n4. The preemptive rule shall be published in accordance with\n\nthe provisions of Section 255 of this title in “The Oklahoma\n\nRegister” following approval by the Governor. The Governor’s\n\napproval and the approved rules shall be retained as official\n\nrecords by the Office of Administrative Rules.\n\n5. For informational purposes only, a copy of the Governor’s\n\napproval and the preemptive rule shall be submitted by the\n\nCommission to the Speaker of the House of Representatives and the\n\nPresident Pro Tempore of the Senate within ten (10) days of the\n\napproval of the preemptive rule by the Governor.\n\n6. Upon approval by the Governor, the rule shall be considered\n\npromulgated and shall be in force immediately, or if a later date is\n\nrequired by statute or specified in the rule, the later date is the\n\neffective date.\n\nC. A preemptive rule shall be considered to be a permanent rule\n\nand shall remain in full force and effect unless and until\n\nspecifically disapproved during the first thirty (30) legislative\n\ndays of the next regular legislative session following promulgation\n\nof such preemptive rule or unless an earlier expiration date is\n\nspecified by the Commission. The Legislature may disapprove such\n\nrule pursuant to Section 308 of this title. Any resolution\nermanent rule\n\nand shall remain in full force and effect unless and until\n\nspecifically disapproved during the first thirty (30) legislative\n\ndays of the next regular legislative session following promulgation\n\nof such preemptive rule or unless an earlier expiration date is\n\nspecified by the Commission. The Legislature may disapprove such\n\nrule pursuant to Section 308 of this title. Any resolution\n\nintroduced for the purpose of disapproving such rule shall not be\n\nsubject to regular legislative cut off dates.\n\nD. Except as otherwise provided by this section, preemptive\n\nrules shall be promulgated and published in compliance with Article\n\nI of the Administrative Procedures Act. Preemptive rules\n\npromulgated pursuant to the provisions of this section shall be\n\nexempt from the provisions of Sections 253, 303, 303.1, 303.2, 304,\n\n308 and 308.1 of this title.","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":"1ff13c8a300b538c2eeff1a5990c5c3223360cd22772f5f26787109a5237f573","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-75-75-250.5","next":"us-ok/okla.-stat.-tit.-75-75-250.7"},"notice":"GroundRules: Original legal text. Not legal advice."}