A. 1. The Secretary shall provide for the codification, compilation, indexing and publication of agency rules and Executive Orders in a publication which shall be known as the "Oklahoma Administrative Code" in the following manner:
2. Compilations or revisions of the "Code" or any part thereof shall be supplemented or revised annually. The "Code" shall be organized by state agency and shall be arranged, indexed and printed in a manner to permit separate publications of portions thereof relating to individual agencies.
3. Annual supplements to the "Code" shall be cumulative. Emergency rules shall not be published in the "Code" or in any supplements thereto.
4. The "Code" and the supplements shall include a general subject index and an agency index of all rules and Executive Orders contained therein. "The Oklahoma Register" shall also include a sections-affected index of the "Code". The "Code" and supplements shall contain such notes, cross references and explanatory materials as required by the Secretary.
5. The Secretary in preparing such rules for publication in the "Code" or supplements shall omit all material shown in canceled type. The Secretary shall not prepare any rule for publication in the "Code" which amends or revises a rule unless the rule so amending or revising conforms to the provisions of the Administrative Procedures Act.
6. The Secretary is authorized to determine a numbering system and other standardized format for documents to be filed and may refuse to accept for publication any document that does not substantially conform to the promulgated rules of the Secretary.
B. 1. Rules submitted and accepted for publication in the "Code" by August 15 of each year shall be published in the next succeeding "Code" or supplement thereto.
2. As soon as possible after August 15 of each year, the Secretary shall assemble all rules and Executive Orders, except emergency rules, promulgated after the publication of the preceding "Code" or "Code" supplement in accordance with the provisions of the Administrative Procedures Act for publication in the "Oklahoma Administrative Code". The "Code" or supplements thereto should be published as soon as possible after August 30 of each year.
3. Executive Orders of previous gubernatorial administrations shall terminate ninety (90) calendar days following the inauguration of the next Governor unless otherwise terminated or continued during that time by Executive Order. Copies of all Executive Orders shall be published and indexed in the "Oklahoma Administrative Code". All Executive Orders placing agencies or employees under the State Merit System of Personnel Administration shall remain in effect unless otherwise modified by action of the Legislature.
C. The Secretary is hereby authorized and empowered to publish or to contract to publish the "Oklahoma Administrative Code", and to publish or contract to publish such annual cumulative supplements so as to keep the "Code" current. All such agreements shall provide that the publisher shall make such publications in such form and arrangement as shall be approved by the Secretary. The Secretary may publish or authorize the publication of the "Code" in part.
D. The Secretary is authorized to correct spelling errors in rules submitted for publication in the "Code" or any such supplements or in "The Oklahoma Register". Any other errors in rules submitted for publication in the "Code" may be noted in editorial notes provided by the Secretary.
E. The Secretary shall make copies of the "Code" generally available at a cost sufficient to defray the cost of publication and mailing. Except as otherwise provided by Section 257.1 of this title, the Secretary is authorized to sell or otherwise distribute the "Code" and its supplements.
F. 1. The codification system, derivations, cross references, notes of decisions, source notes, authority notes, numerical lists, and codification guides, other than the actual text of rules, indexes, tables and other aids relevant to the publication of the "Oklahoma Administrative Code" and "The Oklahoma Register" shall be the property of the state and may be reproduced only with the written consent of the Secretary. The information which appears on the same page with the text of a rule may be reproduced incidentally with the reproduction of the rule, if the reproduction is for the private use of the individual and not for resale. No person shall attempt to copyright or publish the "Oklahoma Administrative Code" or "The Oklahoma Register", in printed or electronic media, without expressed written consent of the Secretary of State. The Secretary shall notify the Speaker of the House of Representatives and the President Pro Tempore of the Senate of any requests to copyright or publish the "Oklahoma Administrative Code" or "The Oklahoma Register", prior to consent by the Secretary.
2. The Secretary may provide for the electronic access to the "Oklahoma Administrative Code" and "The Oklahoma Register" by:
3. Publications of rules by agencies are not official publications.
4. The sale or resale of the "Oklahoma Administrative Code" or any part thereof by the Secretary of State shall be exempt from any requirement mandating acquisition of a resale number and payment of sales tax.
Added by Laws 1961, p. 604, § 6. Amended by Laws 1978, c. 165, § 13; Laws 1987, c. 207, § 9; Laws 1988, c. 292, § 10, emerg. eff. July 1, 1988; Laws 1990, c. 300, § 11, eff. July 1, 1991; Laws 1991, c. 326, § 7, eff. July 1, 1991; Laws 1992, c. 310, § 4, eff. July 1, 1992; Laws 1994, c. 100, § 1, eff. Sept. 1, 1994; Laws 1994, c. 384, § 6, eff. July 1, 1994; Laws 1997, c. 206, § 14, eff. Nov. 1, 1997; Laws 1998, c. 239, § 8, eff. Nov. 1, 1998.
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.