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 Oklahoma Statutes (Last Updated: September 18, 2014)
 Title 74. STATE GOVERNMENT

  § 74-308. Filing of rules with Speaker of House and President of Senate - approval or disapproval by Legislature.  

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  • Section 308.  (a)  Copies of all rules in force and on file with the Secretary of State shall be transmitted by the Secretary of State to the Speaker of the House of Representatives and the President Pro Tempore of the State Senate within sixty (60) days after approval of this act.

    (b)  Copies of rules promulgated while the Legislature is in session shall be filed by the adopting agency with the Speaker of the House of Representatives and the President Pro Tempore of the State Senate within ten (10) days after their adoption by such agency.

    (c)  Copies of rules promulgated during the time the Legislature is not in session shall be filed with the Speaker of the House of Representatives and the President Pro Tempore of the State Senate by the adopting agency within ten (10) days after the convening of the next legislative session.

    (d)  By the adoption of a resolution, either house of the Legislature may disapprove any rule which has been transmitted as required by other subsections of this section and the adopting agency shall not have authority to repromulgate such rule, except during the first sixty (60) calendar days of a subsequent legislative session.

    (e)  Failure of the Legislature to disapprove any rule transmitted under the provisions of other subsections of this section within thirty (30) calendar days after such rule has been transmitted shall result in the approval of such rule by the Legislature.  Provided, that in the event the Legislature is not in session at the time of the transmitting of an emergency rule or adjourns before the expiration of said thirty (30) calendar days, then said rule shall be subject to consideration by the next Legislature during the first thirty (30) calendar days of said succeeding session.

    (f)  Except as otherwise provided in this subsection, an agency may adopt, amend or repeal a rule only during such times when the Legislature is in session.  An agency may adopt, amend or repeal a rule while the Legislature is not in session only upon a finding that an imminent peril to the public health, safety or welfare requires the promulgation of such rule.  The reasons for a finding of an imminent peril to the public health, safety or welfare shall be stated in the rule or regulation, and the sufficiency of such reasons shall be subject to judicial review.

    (g)  Any rights, privileges, or interests gained by any person by operation of an agency rule prior to its rejection or disapproval by either house of the Legislature, shall not be affected by reason of any subsequent disapproval or rejection by either house of the Legislature.