§ 75-302. Promulgation of certain rules - Public inspection of rules, orders, decisions and opinions - Rulemaking record - Prohibited actions - Violations.

A.  In addition to other rulemaking requirements imposed by law, each agency which has rulemaking authority, shall:

1.  Promulgate as a rule a description of the organization of the agency, stating the general course and method of the operations of the agency and the methods whereby the public may obtain information or make submissions or requests;

2.  Promulgate rules of practice setting forth the nature and requirements of all formal and informal procedures available, including a description of all forms and instructions issued by the agency for use by the public;

3.  Make available for public inspection all rules and all other written statements of policy or interpretations formulated, adopted, promulgated or used by the agency in the discharge of its functions;

4.  Make available for public inspection pursuant to the provisions of the Open Records Act all final orders, decisions and opinions.

B.  1.  An agency shall maintain an official rulemaking record for each proposed rule or promulgated rule.  The record and materials incorporated by reference shall be available for public inspection.

2.  The agency rulemaking record shall contain:

a.copies of all publications in "The Oklahoma Register" with respect to the rule or the proceeding upon which the rule is based,

b.copies of any portions of the agency's public rulemaking docket containing entries relating to the rule or the proceeding upon which the rule is based,

c.all written petitions, requests, submissions, and comments received by the agency and all other written materials considered by the agency in connection with the formulation, proposal, or adoption of the rule or the proceeding upon which the rule is based,

d.any official transcript of oral presentations made in the proceeding upon which the rule is based or, if not transcribed, any tape recording or stenographic record of those presentations, and any memorandum prepared by a presiding official summarizing the contents of those presentations,

e.a copy of any regulatory analysis prepared for the proceeding upon which the rule is based,

f.a copy of the rule and analysis of each such rule filed with the Office pursuant to Section 251 of this title,

g.all petitions for exceptions to, amendments of, or repeal or suspension of, the rule,

h.a copy of the rule impact statement, if made, and

i.such other information concerning such rules as may be determined necessary by the agency.

3.  Upon judicial review, the record required by this section constitutes the official agency rulemaking record with respect to a rule.  Except as otherwise required by a provision of law, the agency rulemaking record need not constitute the exclusive basis for agency action on that rule or for judicial review thereof.

C.  1.  By December 31, 2002, each agency that issues precedent-setting orders shall maintain and index all such orders that the agency intends to rely upon as precedent.  The index and the orders shall be available for public inspection and copying in the main office and each regional or district office of the agency.  The orders shall be indexed by subject.

2.  After December 31, 2002, an order shall not be relied upon as precedent by an agency to the detriment of any person until it has been made available for public inspection and indexed in the manner described in this subsection.

3.  An agency shall consistently apply rules to each person subject to the jurisdiction of the agency regarding issuance of orders.

D.  An agency shall not by internal policy, memorandum, or other form of action not otherwise authorized by the Administrative Procedures Act:

1.  Amend, interpret, implement, or repeal a statute or a rule;

2.  Expand upon or limit a statute or a rule; and

3.  Except as authorized by the Constitution of the United States, the Oklahoma Constitution or a statute, expand or limit a right guaranteed by the Constitution of the United States, the Oklahoma Constitution, a statute, or a rule.

E.  Any agency memorandum, internal policy, or other form of action violative of this section or the spirit thereof is null, void, and unenforceable.

F.  This section shall not be construed to prohibit an agency issuing an opinion or administrative decision which is authorized by statute provided that, unless such opinion or administrative decision is issued pursuant to the procedures required pursuant to the Administrative Procedures Act, such decision or opinion shall not have the force and effect of law.

Added by Laws 1963, c. 371, § 2.  Amended by Laws 1987, c. 207, § 13; Laws 1988, c. 292, § 14, emerg. eff. July 1, 1988; Laws 1990, c. 300, § 16, eff. July 1, 1991; Laws 1997, c. 206, § 16, eff. Nov. 1, 1997; Laws 1998, c. 239, § 9, eff. Nov. 1, 1998.