A. Article V of the Oklahoma Constitution vests in the Legislature the power to make laws, and thereby to establish agencies and to designate agency functions, budgets and purposes. Article VI of the Oklahoma Constitution charges the Executive Branch of Government with the responsibility to implement all measures enacted by the Legislature.
B. In creating agencies and designating their functions and purposes, the Legislature may delegate rulemaking authority to executive branch agencies to facilitate administration of legislative policy. The delegation of rulemaking authority is intended to eliminate the necessity of establishing every administrative aspect of general public policy by legislation. In so doing, however, the Legislature reserves to itself:
1. The right to retract any delegation of rulemaking authority unless otherwise precluded by the Oklahoma Constitution;
2. The right to establish any aspect of general policy by legislation, notwithstanding any delegation of rulemaking authority;
3. The right and responsibility to designate the method for rule promulgation, review, repeal and modification;
4. The right to approve or disapprove or repeal any adopted rule by joint resolution; and
5. The right to disapprove a proposed permanent, promulgated or emergency rule at any time if the Legislature determines such rule to be an imminent harm to the health, safety or welfare of the public or the state or if the Legislature determines that a rule is not consistent with legislative intent.
Added by Laws 1987, c. 207, § 3. Amended by Laws 1991, c. 326, § 1, eff. July 1, 1991; Laws 1992, c. 310, § 1, eff. July 1, 1992; Laws 2013, c. 357, § 1, eff. Nov. 1, 2013; Laws 2021, c. 11, § 1, eff. Sept. 1, 2021.
Structure Oklahoma Statutes
Title 75. Statutes and Reports
§75-11a. Construction of statutes - Severability.
§75-11c. Local and special laws defined.
§75-12. Original acts shall govern.
§75-12a. Legislative bills and resolutions - Enrollment - Filing in Office of Secretary of State.
§75-22. Conflicting provisions.
§75-23.1. Merging different versions of statute.
§75-25. Emergency laws - Distribution to court clerks as soon as possible.
§75-26. Emergency laws - Binder for public examination - Duty of court clerks.
§75-26.1. Duty of Attorney General to construe certain acts upon request - Blank forms.
§75-26.2. Opinions and instructions to be distributed by State Auditor and Inspector.
§75-26.11. Prefiling of bills and resolutions.
§75-26.12. Manner and place of filing.
§75-26.14. Referring of bills upon convening of session - Introduction and reading.
§75-26.41. Submission of the question - Procedure.
§75-26.42. Expiration of approval - Rescission of ratification.
§75-30. Right to publish, edit or bind reports.
§75-250.1. Composition of act.
§75-250.2. Legislative intent.
§75-250.4. Compliance with act - Exemptions.
§75-250.4a. Exempt rules to be made for public inspection.
§75-250.5. Act not to apply to certain governments, authorities, etc.
§75-250.10. Request for agency review of rules.
§75-252. Filing as condition of validity - Notification of failure to comply.
§75-254. Attestation of rules - Proof of publication - Copies - Preservation.
§75-255. Publication of The Oklahoma Register - Publication of rules and regulations.
§75-256. Oklahoma Administrative Code - Publication - Task Force on Administrative Rules.
§75-256.3. Fees for copying, reproducing or certifying records.
§75-257. Implementation of Article I of Act - Legal assistance.
§75-303. Adoption, amendment or revocation of rule - Procedure.
§75-303a. Expedited rule repeal process.
§75-304. Filing of adopted rules - Effective date of adopted rule or Executive Order.
§75-305. Petition requesting promulgation, amendment or repeal of a rule - Form and procedure.
§75-307. Filing and disposition of petitions for declaratory rulings - Judicial review.
§75-307.1. Legislative rule review - Joint Committee on Administrative Rules.
§75-308. Review of proposed rules by Legislature - Approval or disapproval.
§75-308.1. Adoption of rule upon approval by Legislature and Governor - Submission for publication.
§75-308.3. Joint resolution of the Legislature.
§75-309. Individual proceedings - Notice - Hearing.
§75-310. Procedures before agency.
§75-311.1. Department of Health - Final agency orders - Authority.
§75-312. Final agency orders - Contents - Notification.
§75-313. Agency members not to communicate.
§75-314.1. Implementation of emergency action pending final outcome of proceedings.
§75-315.1. Public hearings - Fees.
§75-316. Disqualification of hearing examiner or agency member.
§75-317. Rehearing, reopening or reconsideration of agency decision.
§75-319. Staying enforcement of agency decision pending review.
§75-320. Transmission of record to reviewing court - Stipulations.
§75-321. Review without jury - Additional testimony.
§75-322. Setting aside, modifying or reversing of orders - Remand - Affirmance.
§75-323. Review of final judgment of a district or superior court by appeal to Supreme Court.
§75-504. Proposed permanent rules - Determination of impact on small business.
§75-505. Promulgated rules - Petition objecting to adverse effect on small business.
§75-506. Waiver of administrative penalties or fines.
§75-507. Compliance with act - Mandated rules identical to federal rules and regulations.