{"data":{"id":"us-ok/okla.-stat.-tit.-75-75-302","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 75, § 75-302","heading":"Promulgation of certain rules - Public inspection of","body":"rules, orders, decisions and opinions - Rulemaking record -\n\nProhibited actions - Violations.\n\nA. In addition to other rulemaking requirements imposed by law,\n\neach agency which has rulemaking authority, shall:\n\n1. Promulgate as a rule a description of the organization of\n\nthe agency, stating the general course and method of the operations\n\nof the agency and the methods whereby the public may obtain\n\ninformation or make submissions or requests;\n\n2. Promulgate rules of practice setting forth the nature and\n\nrequirements of all formal and informal procedures available,\n\nincluding a description of all forms and instructions issued by the\n\nagency for use by the public;\n\n3. Make available for public inspection all rules and all other\n\nwritten statements of policy or interpretations formulated, adopted,\n\npromulgated or used by the agency in the discharge of its functions;\n\n4. Make available for public inspection pursuant to the\n\nprovisions of the Open Records Act all final orders, decisions and\n\nopinions.\n\nB. 1. An agency shall maintain an official rulemaking record\n\nfor each proposed rule or promulgated rule. The record and\n\nmaterials incorporated by reference shall be available for public\n\ninspection.\n\n2. The agency rulemaking record shall contain:\n\na. copies of all publications in \"The Oklahoma Register\"\n\nwith respect to the rule or the proceeding upon which\n\nthe rule is based,\n\nb. copies of any portions of the agency's public\n\nrulemaking docket containing entries relating to the\n\nrule or the proceeding upon which the rule is based,\n\nc. all written petitions, requests, submissions, and\n\ncomments received by the agency and all other written\n\nmaterials considered by the agency in connection with\n\nthe formulation, proposal, or adoption of the rule or\n\nthe proceeding upon which the rule is based,\n\nd. any official transcript of oral presentations made in\n\nthe proceeding upon which the rule is based or, if not\n\ntranscribed, any tape recording or stenographic record\n\nof those presentations, and any memorandum prepared by\n\na presiding official summarizing the contents of those\n\npresentations,\n\ne. a copy of any regulatory analysis prepared for the\n\nproceeding upon which the rule is based,\n\nf. a copy of the rule and analysis of each such rule\n\nfiled with the Office pursuant to Section 251 of this\n\ntitle,\n\ng. all petitions for exceptions to, amendments of, or\n\nrepeal or suspension of, the rule,\n\nh. a copy of the rule impact statement, if made, and\n\ni. such other information concerning such rules as may be\n\ndetermined necessary by the agency.\n\n3. Upon judicial review, the record required by this section\n\nconstitutes the official agency rulemaking record with respect to a\n\nrule. Except as otherwise required by a provision of law, the\n\nagency rulemaking record need not constitute the exclusive basis for\n\nagency action on that rule or for judicial review thereof.\n\nC. 1. By December 31, 2002, each agency that issues precedent-\n\nsetting orders shall maintain and index all such orders that the\n\nagency intends to rely upon as precedent. The index and the orders\n\nshall be available for public inspection and copying in the main\n\noffice and each regional or district office of the agency. The\n\norders shall be indexed by subject.\n\n2. After December 31, 2002, an order shall not be relied upon\n\nas precedent by an agency to the detriment of any person until it\n\nhas been made available for public inspection and indexed in the\n\nmanner described in this subsection.\n\n3. An agency shall consistently apply rules to each person\n\nsubject to the jurisdiction of the agency regarding issuance of\n\norders.\n\nD. An agency shall not by internal policy, memorandum, or other\n\nform of action not otherwise authorized by the Administrative\n\nProcedures Act:\n\n1. Amend, interpret, implement, or repeal a statute or a rule;\n\n2. Expand upon or limit a statute or a rule; and\nection.\n\n3. An agency shall consistently apply rules to each person\n\nsubject to the jurisdiction of the agency regarding issuance of\n\norders.\n\nD. An agency shall not by internal policy, memorandum, or other\n\nform of action not otherwise authorized by the Administrative\n\nProcedures Act:\n\n1. Amend, interpret, implement, or repeal a statute or a rule;\n\n2. Expand upon or limit a statute or a rule; and\n\n3. Except as authorized by the Constitution of the United\n\nStates, the Oklahoma Constitution or a statute, expand or limit a\n\nright guaranteed by the Constitution of the United States, the\n\nOklahoma Constitution, a statute, or a rule.\n\nE. Any agency memorandum, internal policy, or other form of\n\naction violative of this section or the spirit thereof is null,\n\nvoid, and unenforceable.\n\nF. This section shall not be construed to prohibit an agency\n\nissuing an opinion or administrative decision which is authorized by\n\nstatute provided that, unless such opinion or administrative\n\ndecision is issued pursuant to the procedures required pursuant to\n\nthe Administrative Procedures Act, such decision or opinion shall\n\nnot have the force and effect of law.","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":"36a0c0242a1ae844fed952bb4a252b601f27fa850483f8b0c8511a1b0a2beb90","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-75-75-30","next":"us-ok/okla.-stat.-tit.-75-75-303"},"notice":"GroundRules: Original legal text. Not legal advice."}