{"data":{"id":"us-ok/okla.-stat.-tit.-75-75-303v2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 75, § 75-303v2","heading":"Adoption, amendment or revocation of rule - Procedure","body":"A. Prior to the adoption of any rule or amendment or revocation\n\nof a rule, the agency shall:\n\n1. Cause notice of any intended action to be published in “The\n\nOklahoma Register” pursuant to subsection B of this section;\n\n2. For at least thirty (30) days after publication of the\n\nnotice of the intended rulemaking action, afford a comment period\n\nfor all interested persons to submit data, views, or arguments,\n\norally or in writing. The agency shall consider fully all written\n\nand oral submissions respecting the proposed rule;\n\n3. Hold a hearing, if required, as provided by subsection C of\n\nthis section;\n\n4. Consider the effect its intended action may have on the\n\nvarious types of business and governmental entities. Except where\n\nsuch modification or variance is prohibited by statute or\n\nconstitutional constraints, if an agency finds that its actions may\n\nadversely affect any such entity, the agency may modify its actions\n\nto exclude that type of entity, or may “tier” its actions to allow\n\nrules, penalties, fines, or reporting procedures and forms to vary\n\naccording to the size of a business or governmental entity or its\n\nability to comply or both. For business entities, the agency shall\n\ninclude a description of the probable quantitative and qualitative\n\nimpact of the proposed rule, economic or otherwise, and use\n\nquantifiable data to the extent possible, taking into account both\n\nshort-term and long-term consequences;\n\n5. Consider the effect its intended action may have on the\n\nvarious types of consumer groups. If an agency finds that its\n\nactions may adversely affect such groups, the agency may modify its\n\nactions to exclude that type of activity; and\n\n6. When an agency provides notice pursuant to paragraph 1 of\n\nthis subsection, the agency shall provide one electronic copy of the\n\ncomplete text of the proposed rule, amendment, or revocation and a\n\ncopy of the notice to the Governor and to the appropriate cabinet\n\nsecretary. No agency shall adopt any proposed rule, amendment, or\n\nrevocation unless, within thirty (30) days from providing notice to\n\nthe Governor and the appropriate cabinet secretary, the agency\n\nreceives express written approval from the Governor or the cabinet\n\nsecretary. If the Governor or the cabinet secretary disapproves a\n\nrule, the affected agency shall be notified in writing of the\n\nreasons for disapproval. If, after thirty (30) days of providing\n\nthe notice to the Governor and the cabinet secretary, the agency has\n\nnot received an express written approval, the agency shall not\n\nproceed with the rulemaking process.\n\nB. The notice required by paragraph 1 of subsection A of this\n\nsection shall include, but not be limited to:\n\n1. In simple language, a brief summary of the rule;\n\n2. The proposed action being taken;\n\n3. The circumstances which created the need for the rule;\n\n4. The specific legal authority, including statutory citations,\n\nauthorizing the proposed rule;\n\n5. The intended effect of the rule;\n\n6. If the agency determines that the rule affects business\n\nentities, a request that such entities provide the agency, within\n\nthe comment period, in dollar amounts if possible, the increase in\n\nthe level of direct costs such as fees, and indirect costs such as\n\nreporting, recordkeeping, equipment, construction, labor,\n\nprofessional services, revenue loss, or other costs expected to be\n\nincurred by a particular entity due to compliance with the proposed\n\nrule;\n\n7. The time when, the place where, and the manner in which\n\ninterested persons may present their views thereon pursuant to\n\nparagraph 3 of subsection A of this section;\n\n8. Whether or not the agency intends to issue a rule impact\n\nstatement according to subsection D of this section and where copies\n\nof such impact statement may be obtained for review by the public;\n\n9. The time when, the place where, and the manner in which\nwhere, and the manner in which\n\ninterested persons may present their views thereon pursuant to\n\nparagraph 3 of subsection A of this section;\n\n8. Whether or not the agency intends to issue a rule impact\n\nstatement according to subsection D of this section and where copies\n\nof such impact statement may be obtained for review by the public;\n\n9. The time when, the place where, and the manner in which\n\npersons may demand a hearing on the proposed rule if the notice does\n\nnot already provide for a hearing. If the notice provides for a\n\nhearing, the time and place of the hearing shall be specified in the\n\nnotice; and\n\n10. Where copies of the proposed rules may be obtained for\n\nreview by the public. An agency may charge persons for the actual\n\ncost of mailing a copy of the proposed rules to such persons.\n\nThe number of copies of such notice as specified by the\n\nSecretary of State shall be submitted to the Secretary of State who\n\nshall publish the notice in “The Oklahoma Register” pursuant to the\n\nprovisions of Section 255 of this title.\n\nPrior to or within three (3) days after publication of the\n\nnotice in “The Oklahoma Register”, the agency shall cause a copy of\n\nthe notice of the proposed rule adoption and the rule impact\n\nstatement, if available, to be mailed to all persons who have made a\n\ntimely request of the agency for advance notice of its rulemaking\n\nproceedings. Provided, in lieu of mailing copies, an agency may\n\nelectronically notify interested persons that a copy of the proposed\n\nrule and the rule impact statement, if available, may be viewed on\n\nthe agency’s website. If an agency posts a copy of the proposed\n\nrule and rule impact statement on its website, the agency shall not\n\ncharge persons for the cost of downloading or printing the proposed\n\nrule or impact statement. Each agency shall maintain a listing of\n\npersons or entities requesting such notice.\n\nC. 1. If the published notice does not already provide for a\n\nhearing, an agency shall schedule a hearing on a proposed rule if,\n\nwithin thirty (30) days after the published notice of the proposed\n\nrule adoption, a written request for a hearing is submitted by:\n\na. at least ten persons,\n\nb. a political subdivision,\n\nc. an agency, or\n\nd. an association having not less than twenty-five\n\nmembers.\n\nAt that hearing persons may present oral argument, data, and\n\nviews on the proposed rule.\n\n2. A hearing on a proposed rule may not be held earlier than\n\nthirty (30) days after notice of the hearing is published pursuant\n\nto subsection B of this section.\n\n3. The provisions of this subsection shall not be construed to\n\nprevent an agency from holding a hearing or hearings on the proposed\n\nrule although not required by the provisions of this subsection;\n\nprovided, that notice of such hearing shall be published in “The\n\nOklahoma Register” at least thirty (30) days prior to such hearing.\n\nD. 1. Except as otherwise provided in this subsection, an\n\nagency shall issue a rule impact statement of a proposed rule prior\n\nto or within fifteen (15) days after the date of publication of the\n\nnotice of proposed rule adoption. The rule impact statement may be\n\nmodified after any hearing or comment period afforded pursuant to\n\nthe provisions of this section.\n\n2. Except as otherwise provided in this subsection, the rule\n\nimpact statement shall include, but not be limited to:\n\na. a brief description of the purpose of the proposed\n\nrule,\n\nb. 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 impacts\n\nreceived by the agency from any private or public\n\nentities,\n\nc. a description of the classes of persons who will\n\nbenefit from the proposed rule,\n\nd. a description of the probable economic impact of the\n\nproposed rule upon affected classes of persons or\nly 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 impacts\n\nreceived by the agency from any private or public\n\nentities,\n\nc. a description of the classes of persons who will\n\nbenefit from the proposed rule,\n\nd. a description of the probable economic impact of the\n\nproposed rule upon affected classes of persons or\n\npolitical subdivisions, including a listing of all fee\n\nchanges and, whenever possible, a separate\n\njustification for each fee change,\n\ne. the probable costs and benefits to the agency and to\n\nany other agency of the implementation and enforcement\n\nof the proposed rule, the source of revenue to be used\n\nfor implementation and enforcement of the proposed\n\nrule, and any anticipated effect on state revenues,\n\nincluding a projected net loss or gain in such\n\nrevenues if it can be projected by the agency,\n\nf. a determination of whether implementation of the\n\nproposed rule will have an economic impact on any\n\npolitical subdivisions or require their cooperation in\n\nimplementing or enforcing the rule,\n\ng. a determination of whether implementation of the\n\nproposed rule may have an adverse economic effect on\n\nsmall business as provided by the Oklahoma Small\n\nBusiness Regulatory Flexibility Act,\n\nh. an explanation of the measures the agency has taken to\n\nminimize compliance costs and a determination of\n\nwhether there are less costly or nonregulatory methods\n\nor less intrusive methods for achieving the purpose of\n\nthe proposed rule,\n\ni. a determination of the effect of the proposed rule on\n\nthe public health, safety, and environment and, if the\n\nproposed rule is designed to reduce significant risks\n\nto the public health, safety, and environment, an\n\nexplanation of the nature of the risk and to what\n\nextent the proposed rule will reduce the risk,\n\nj. a determination of any detrimental effect on the\n\npublic health, safety, and environment if the proposed\n\nrule is not implemented,\n\nk. the date the rule impact statement was prepared and if\n\nmodified, the date modified;\n\nl. an analysis of alternatives to adopting the rule;\n\nm. estimates of the amount of time that would be spent by\n\nstate employees to develop the rule and of the amount\n\nof other resources that would be utilized to develop\n\nthe rule; and\n\nn. a summary and preliminary comparison of any existing\n\nor proposed federal regulations that are intended to\n\naddress the activities to be regulated by the proposed\n\nrule.\n\n3. To the extent an agency for good cause finds the preparation\n\nof a rule impact statement or the specified contents thereof are\n\nunnecessary or contrary to the public interest in the process of\n\nadopting a particular rule, the agency may request the Governor to\n\nwaive such requirement. Such request shall be in writing and shall\n\nstate the agency’s findings and the justification for such findings.\n\nUpon request by an agency, the Governor may also waive the rule\n\nimpact statement requirements if the agency is required to implement\n\na statute or federal requirement that does not require an agency to\n\ninterpret or describe the requirements, such as federally mandated\n\nprovisions which afford the agency no discretion to consider less\n\nrestrictive alternatives. If the Governor fails to waive such\n\nrequirement, in writing, prior to publication of the notice of the\n\nintended rulemaking action, the rule impact statement shall be\n\ncompleted. The determination to waive the rule impact statement\n\nshall not be subject to judicial review.\n\n4. The rule shall not be invalidated on the grounds that the\n\ncontents of the rule impact statement are insufficient or\n\ninaccurate.\n\nE. Upon completing the requirements of this section, an agency\n\nmay adopt a proposed rule. No rule is valid unless adopted in\n\nsubstantial compliance with the provisions of this section.","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":"b31f92bcb05fcac55ef38f75ea91b02d3ca0ef53e8768f983ec27d9feca29999","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-75-75-303v1","next":"us-ok/okla.-stat.-tit.-75-75-304"},"notice":"GroundRules: Original legal text. Not legal advice."}