A. For promulgated rules, any adversely affected small business may file a written petition with the agency that has promulgated the rules objecting to all or part of any rule adversely affecting small business on any of the following grounds:
1. The actual effect on small business was not reflected in, or significantly exceeded, the small business impact statement formulated by the agency pursuant to the provisions of paragraph 4 of subsection A and paragraph 6 of subsection B of Section 303 of this title prior to the adoption of the rules;
2. These impacts were either not previously considered at the public hearing on the rules or there was no public hearing on the rules; or
3. The technology, economic conditions, or other relevant factors justifying the purpose for the rules have changed or no longer exist.
B. The agency shall promptly consider the petition and may seek advice and counsel regarding the petition. Within sixty (60) days after the submission of the petition, the agency shall determine whether the impact statement or the public hearing addressed the actual and significant impact on small business or if conditions justifying the rule have changed. If the agency determines that the petition merits the amendment, revision, or revocation of a rule, it may initiate proceedings in accordance with the applicable requirements of the Administrative Procedures Act.
Added by Laws 2002, c. 495, § 5, eff. July 1, 2002. Amended by Laws 2013, c. 227, § 53, eff. Nov. 1, 2013.
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.