{"data":{"id":"us-ok/okla.-stat.-tit.-75-75-253","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 75, § 75-253","heading":"Emergency rules","body":"A. 1. If an agency finds that a rule is necessary as an\n\nemergency measure, the rule may be promulgated pursuant to the\n\nprovisions of this section, if the rule is first approved by the\n\nGovernor. The Governor shall not approve the adoption, amendment,\n\nrevision, or revocation of a rule as an emergency measure unless the\n\nagency submits substantial evidence that the rule is necessary as an\n\nemergency measure to do any of the following:\n\na. protect the public health, safety, or welfare,\n\nb. comply with deadlines in amendments to an agency’s\n\ngoverning law or federal programs,\n\nc. avoid violation of federal law or regulation or other\n\nstate law,\n\nd. avoid imminent reduction to the agency’s budget, or\n\ne. avoid serious prejudice to the public interest.\n\nAs used in this subsection, “substantial evidence” shall mean\n\ncredible evidence which is of sufficient quality and probative value\n\nto enable a person of reasonable caution to support a conclusion.\n\n2. In determining whether a rule is necessary as an emergency\n\nmeasure, the Governor shall consider whether the emergency situation\n\nwas created due to the agency’s delay or inaction and could have\n\nbeen averted by timely compliance with the provisions of this\n\nchapter.\n\nB. An emergency rule adopted by an agency shall:\n\n1. Be prepared in the format required by Section 251 of this\n\ntitle;\n\n2. a. Include an impact statement which meets the\n\nrequirements set forth in subparagraph b of this\n\nparagraph, unless the Governor waives the initial\n\nrequirement in writing upon a finding that the rule\n\nimpact statement or the specified contents thereof are\n\nunnecessary or contrary to the public interest.\n\nProvided, the rule impact statement shall be submitted\n\nno more than forty-five (45) days from the date of\n\nsuch waiver.\n\nb. The rule impact statement shall include, but not be\n\nlimited to:\n\n(1) a statement of the need for the rule and legal\n\nbasis supporting it,\n\n(2) a classification of the rule as major or\n\nnonmajor, with a justification for the\n\nclassification, including an estimate of the\n\ntotal annual implementation and compliance costs\n\nthat are reasonably expected to be incurred by or\n\npassed along to businesses, state or local\n\ngovernment units, or individuals and a\n\ndetermination of whether those costs will exceed\n\nOne Million Dollars ($1,000,000.00) over the\n\ninitial five-year period following the\n\npromulgation of the proposed rule. Provided, if\n\nthe costs exceed One Million Dollars\n\n($1,000,000.00), the agency shall classify the\n\nrule as a major rule,\n\n(3) a description of the proposed rule, including a\n\ndetermination of whether the proposed rule is\n\nmandated by federal law, or as a requirement for\n\nparticipation in or implementation of a federally\n\nsubsidized or assisted program, and whether the\n\nproposed rule exceeds the requirements of the\n\napplicable federal law,\n\n(4) a description of the classes of persons who most\n\nlikely will be affected by the proposed rule,\n\nincluding classes that will bear the costs of the\n\nproposed rule, and any information on cost\n\nimpacts received by the agency from any private\n\nor public entities,\n\n(5) a description of the classes of persons who will\n\nbenefit from the proposed rule,\n\n(6) a comprehensive analysis of the rule’s economic\n\nimpact, including any anticipated impacts on the\n\nfull-time-employee count of the agency, any costs\n\nor benefits, and a detailed quantification of\n\nimplementation and compliance costs on the\n\naffected businesses, business sectors, public\n\nutility ratepayers, individuals, state or local\n\ngovernment units, and on the state economy as a\n\nwhole. The analysis shall include a listing of\n\nall fee changes and, whenever possible, a\n\nseparate justification for each fee change,\nunt of the agency, any costs\n\nor benefits, and a detailed quantification of\n\nimplementation and compliance costs on the\n\naffected businesses, business sectors, public\n\nutility ratepayers, individuals, state or local\n\ngovernment units, and on the state economy as a\n\nwhole. The analysis shall include a listing of\n\nall fee changes and, whenever possible, a\n\nseparate justification for each fee change,\n\n(7) a detailed explanation of the methodology and\n\nassumptions used to determine the economic\n\nimpact, including the dollar amounts calculated,\n\n(8) a determination of whether implementation of the\n\nproposed rule will have an economic impact on any\n\npolitical subdivisions or require their\n\ncooperation in implementing or enforcing the\n\nrule,\n\n(9) a determination of whether implementation of the\n\nproposed rule may have an adverse economic effect\n\non small business as provided by the Oklahoma\n\nSmall Business Regulatory Flexibility Act,\n\n(10) any measures taken by the agency to minimize the\n\ncost and impact of the proposed rule on business\n\nand economic development in this state, local\n\ngovernment units of this state, and individuals,\n\n(11) a determination of the effect of the proposed\n\nrule on the public health, safety, and\n\nenvironment and, if the proposed rule is designed\n\nto reduce significant risks to the public health,\n\nsafety, and environment, an explanation of the\n\nnature of the risk and to what extent the\n\nproposed rule will reduce the risk,\n\n(12) a determination of any detrimental effect on the\n\npublic health, safety, and environment if the\n\nproposed rule is not implemented, and\n\n13) the date the rule impact statement was prepared\n\nand, if modified, the date modified.\n\nc. The rule impact statement shall be prepared on or\n\nbefore the date the emergency rule is adopted; and\n\n3. Be transmitted pursuant to Section 464 of Title 74 of the\n\nOklahoma Statutes to the Governor, the Speaker of the House of\n\nRepresentatives, the President Pro Tempore of the Senate, and the\n\nchief legislative officer of each chamber, along with the\n\ninformation required by this subsection within ten (10) days after\n\nthe rule is adopted.\n\nC. 1. Within forty-five (45) calendar days of receipt of a\n\nproposed emergency rule filed with the Governor, the Speaker of the\n\nHouse of Representatives, the President Pro Tempore of the Senate,\n\nand the chief legislative officer of each chamber, the Governor\n\nshall review the demonstration of emergency pursuant to subsection A\n\nof this section, and shall separately review the rule in accordance\n\nwith the standards prescribed in paragraph 3 of this subsection.\n\n2. Prior to approval of emergency rules, the Governor shall\n\nsubmit the emergency rule to the Secretary of State for review of\n\nproper formatting.\n\n3. If the Governor determines the agency has established the\n\nrule is necessary as an emergency measure pursuant to subsection A\n\nof this section, the Governor shall approve the proposed emergency\n\nrule if the rule is:\n\na. clear, concise, and understandable,\n\nb. within the power of the agency to make and within the\n\nenacted legislative standards, and\n\nc. made in compliance with the requirements of the\n\nAdministrative Procedures Act.\n\n4. If an emergency rule is adopted under this section due to a\n\ndeclared state of emergency pursuant to Section 683.1 et seq. of\n\nTitle 63 of the Oklahoma Statutes, an agency may request the\n\nGovernor waive the provisions of subsection B of this section. Such\n\nrequest shall be in writing and shall state the agency’s findings\n\nand the justification for such findings. The agency shall have\n\nforty-five (45) days to comply with the provisions of subsection B\n\nof this section for any adopted emergency rules where such\n\nprovisions are waived. Any rules which do not comply with the\n\nrequirements of this section shall expire following such time\n\nperiod. Nothing in this paragraph shall be construed to waive any\nency’s findings\n\nand the justification for such findings. The agency shall have\n\nforty-five (45) days to comply with the provisions of subsection B\n\nof this section for any adopted emergency rules where such\n\nprovisions are waived. Any rules which do not comply with the\n\nrequirements of this section shall expire following such time\n\nperiod. Nothing in this paragraph shall be construed to waive any\n\nother requirements of this section for emergency rule promulgation\n\nby an agency.\n\nD. 1. Within the forty-five-calendar-day period set forth in\n\nparagraph 1 of subsection C of this section, the Governor may\n\napprove the emergency rule or disapprove the emergency rule.\n\nFailure of the Governor to approve an emergency rule within the\n\nspecified period shall constitute disapproval of the emergency rule.\n\n2. If the Governor disapproves the adopted emergency rule, the\n\nGovernor shall return the entire document to the agency with reasons\n\nfor the disapproval. If the agency elects to modify the rule, the\n\nagency shall adopt the modifications, and shall file the modified\n\nrule in accordance with the requirements of subsection B of this\n\nsection.\n\n3. Upon disapproval of an emergency rule, the Governor shall,\n\nwithin fifteen (15) days, make written notification to the Speaker\n\nof the House of Representatives, the President Pro Tempore of the\n\nSenate, the chief legislative officer of each chamber, and the\n\nOffice of Administrative Rules.\n\nE. 1. Upon approval of an emergency rule, the Governor shall\n\nimmediately make written notification to the agency, the Speaker of\n\nthe House of Representatives, the President Pro Tempore of the\n\nSenate, the chief legislative officer of each chamber, and the\n\nOffice of Administrative Rules. Upon receipt of the notice of the\n\napproval, the agency shall file with the Office of Administrative\n\nRules as many copies of the notice of approval and the emergency\n\nrule as required by the Secretary.\n\n2. Emergency rules shall be subject to legislative review\n\npursuant to Section 308 of this title.\n\n3. The emergency rule shall be published in accordance with the\n\nprovisions of Section 255 of this title in “The Oklahoma Register”\n\nfollowing the approval by the Governor. The Governor’s approval and\n\nthe approved rules shall be retained as official records by the\n\nOffice of Administrative Rules.\n\nF. 1. Upon approval by the Governor, an emergency rule shall\n\nbe considered promulgated and shall be in force immediately, or on\n\nsuch later date as specified therein. An emergency rule shall only\n\nbe applied prospectively from its effective date.\n\n2. Except as otherwise provided in this subsection, the\n\nemergency rule shall remain in full force and effect through the\n\nfirst day of the next succeeding regular session of the Legislature\n\nfollowing promulgation of such emergency rule until September 14\n\nfollowing such session, unless it is made ineffective pursuant to\n\nsubsection H of this section.\n\nG. No agency shall adopt any emergency rule which establishes\n\nor increases fees, except during such times as the Legislature is in\n\nsession, unless specifically mandated by the Legislature or federal\n\nlegislation, or when the failure to establish or increase fees would\n\nconflict with an order issued by a court of law.\n\nH. 1. If an emergency rule is of a continuing nature, the\n\nagency promulgating such emergency rule shall initiate proceedings\n\nfor promulgation of a permanent rule pursuant to Sections 303\n\nthrough 308.3 of this title. If an emergency rule is superseded by\n\nanother emergency rule prior to the enactment of a permanent rule,\n\nthe latter emergency rule shall retain the same expiration date as\n\nthe superseded emergency rule, unless otherwise authorized by the\n\nLegislature.\n\n2. Any promulgated emergency rule shall be made ineffective if:\n\na. disapproved by the Legislature,\n\nb. superseded by the promulgation of permanent rules,\ngency rule is superseded by\n\nanother emergency rule prior to the enactment of a permanent rule,\n\nthe latter emergency rule shall retain the same expiration date as\n\nthe superseded emergency rule, unless otherwise authorized by the\n\nLegislature.\n\n2. Any promulgated emergency rule shall be made ineffective if:\n\na. disapproved by the Legislature,\n\nb. superseded by the promulgation of permanent rules,\n\nc. any adopted rules based upon such emergency rules are\n\nsubsequently disapproved pursuant to Section 308 of\n\nthis title, or\n\nd. an earlier expiration date is specified by the agency\n\nin the rules.\n\n3. a. Emergency rules in effect on the first day of the\n\nsession shall be null and void on September 15\n\nfollowing sine die adjournment of the Legislature\n\nunless otherwise specifically provided by the\n\nLegislature.\n\nb. Unless otherwise authorized by the Legislature, an\n\nagency shall not adopt any emergency rule, which has\n\nbecome null and void pursuant to subparagraph a of\n\nthis paragraph, as a new emergency rule or adopt any\n\nemergency rules of similar scope or intent as the\n\nemergency rules which became null and void pursuant to\n\nsubparagraph a of this paragraph.\n\nI. Emergency rules shall not become effective unless approved\n\nby the Governor pursuant to the provisions of this section.\n\nJ. 1. The requirements of Section 303 of this title relating\n\nto notice and hearing shall not be applicable to emergency rules\n\npromulgated pursuant to the provisions of this section. Provided,\n\nthis shall not be construed to prevent an abbreviated notice and\n\nhearing process determined to be necessary by an agency.\n\n2. The rule report required pursuant to Section 303.1 of this\n\ntitle shall not be applicable to emergency rules promulgated\n\npursuant to the provisions of this section. Provided, this shall\n\nnot be construed to prevent an agency from complying with such\n\nrequirements at the discretion of such agency.\n\n3. The statement of submission required by Section 303.1 of\n\nthis title shall not be applicable to emergency rules promulgated\n\npursuant to the provisions of this section.\n\nK. Prior to approval or disapproval of an emergency rule by the\n\nGovernor, an agency may withdraw from review an emergency rule\n\nsubmitted pursuant to the provisions of this section. Notice of\n\nsuch withdrawal shall be given to the Governor, the Speaker of the\n\nHouse of Representatives, the President Pro Tempore of the Senate in\n\naccordance with the requirements set forth in Section 464 of Title\n\n74 of the Oklahoma Statutes, and to the Office of Administrative\n\nRules as required by the Secretary of State. In order to be\n\npromulgated as emergency rules, any replacement rules shall be\n\nresubmitted pursuant to the provisions of this section.\n\nL. Upon completing the requirements of this section, an agency\n\nmay promulgate a proposed emergency rule. No emergency rule is\n\nvalid unless promulgated in substantial compliance with the\n\nprovisions of this section.\n\nM. Emergency rules adopted by an agency or approved by the\n\nGovernor shall be subject to review pursuant to the provisions of\n\nSection 306 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":"093d70f854efbef8db512a2a5d5b93dfe2b9d7e88f1c7e6f10341882a000b04c","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-75-75-252","next":"us-ok/okla.-stat.-tit.-75-75-254"},"notice":"GroundRules: Original legal text. Not legal advice."}