{"data":{"id":"us-ok/okla.-stat.-tit.-75-75-306","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 75, § 75-306","heading":"Validity or applicability of rules - Action - Parties -","body":"Presumption of validity - Burden of proof when rule appealed -\n\nDeclaratory judgment.\n\nA. The validity or applicability of a rule may be determined in\n\nan action for declaratory judgment in the district court of the\n\ncounty of the residence of the person seeking relief or, at the\n\noption of such person, in the county wherein the rule is sought to\n\nbe applied, if it is alleged the rule, or its threatened\n\napplication, interferes with or impairs, or threatens to interfere\n\nwith or impair, the legal rights or privileges of the plaintiff.\n\nB. The agency shall be made a party to the action.\n\nC. Rules promulgated pursuant to the provisions of the\n\nAdministrative Procedures Act are presumed to be valid until\n\ndeclared otherwise by a district court of this state or the Supreme\n\nCourt. When a rule is appealed pursuant to the Administrative\n\nProcedures Act it shall be the duty of the promulgating agency to\n\nshow and bear the burden of proof to show:\n\n1. that the agency possessed the authority to promulgate the\n\nrule;\n\n2. that the rule is consistent with any statute authorizing or\n\ncontrolling its issuance and does not exceed statutory authority;\n\n3. that the rule is not violative of any other applicable\n\nstatute or the Constitution; and\n\n4. that the laws and administrative rules relating to the\n\nadoption, review and promulgation of such rules were faithfully\n\nfollowed.\n\nThe provisions of this subsection shall not be construed to\n\nimpair the power and duty of the Attorney General to review such\n\nrules and regulations and issue advisory opinions thereon.\n\nD. A declaratory judgment may be rendered whether or not the\n\nplaintiff has requested the agency to pass upon the validity or\n\napplicability of the rule in question.","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":"24b0d05bae54240e5cadd1eb40e4cc38b463eb2968aba6e4d8c4791e51b43c6d","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-75-75-305","next":"us-ok/okla.-stat.-tit.-75-75-307"},"notice":"GroundRules: Original legal text. Not legal advice."}