Okla. Stat. tit. 75, § 75-250.3v1

As used in the Administrative Procedures Act:

1. “Administrative head” means an official or agency body

responsible pursuant to law for issuing final agency orders;

2. “Adopted” means a proposed emergency rule which has been

approved by the agency but has not been approved or disapproved by

the Governor as an emergency rule as provided by Section 253 of this

title, or a proposed permanent rule which has been approved by the

agency and not disapproved by the Governor pursuant to paragraph 6

of subsection A of Section 303 of this title, but has not been

finally approved or disapproved by the Legislature or the Governor;

3. “Agency” includes, but is not limited to, any

constitutionally or statutorily created state agency, board, bureau,

commission, office, authority, institution, public trust in which

the state is a beneficiary, interstate commission, or any

instrumentality thereof, except:

a. the Legislature or any branch, committee, or officer

thereof, and

b. the courts;

4. “Emergency rule” means a rule that is made pursuant to

Section 253 of this title;

5. “Final rule” or “finally adopted rule” means a rule other

than an emergency rule, which has not been published pursuant to

Section 255 of this title but is otherwise in compliance with the

requirements of the Administrative Procedures Act, and is:

a. approved by the Legislature pursuant to Section 308.3

of this title, provided that any such joint resolution

becomes law in accordance with Section 11 of Article

VI of the Oklahoma Constitution,

b. approved by the Governor pursuant to subsection C of

Section 308.3 of this title,

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c. approved by a joint resolution pursuant to subsection

B of Section 308 of this title, provided that any such

resolution becomes law in accordance with Section 11

of Article VI of the Oklahoma Constitution, or

d. disapproved by a joint resolution pursuant to

subsection B of Section 308 of this title or Section

308.3 of this title, which has been vetoed by the

Governor in accordance with Section 11 of Article VI

of the Oklahoma Constitution and the veto has not been

overridden;

6. “Final agency order” means an order that includes findings

of fact and conclusions of law pursuant to Section 312 of this

title, is dispositive of an individual proceeding unless there is a

request for rehearing, reopening, or reconsideration pursuant to

Section 317 of this title, and which is subject to judicial review;

7. “Hearing examiner” means a person meeting the qualifications

specified by Article II of the Administrative Procedures Act and who

has been duly appointed by an agency to hold hearings and, as

required, render orders or proposed orders;

8. “Implementation and compliance costs” means direct costs

that are readily ascertainable based upon standard business

practices, including, but not limited to, fees, the cost to obtain a

license or registration, the cost of equipment required to be

installed or used, additional operating costs incurred, the cost of

monitoring and reporting, and any other costs to comply with the

requirements of the proposed rule;

9. “Individual proceeding” means the formal process employed by

an agency having jurisdiction by law to resolve issues of law or

fact between parties and which results in the exercise of discretion

of a judicial nature;

10. “License” includes the whole or part of any agency permit,

certificate, approval, registration, charter, or similar form of

permission required by law;

11. “Major rule” means any administrative rule, whether

emergency or permanent in nature, that will result in or is likely

to result in One Million Dollars ($1,000,000.00) or more over the

initial five-year period in implementation and compliance costs that

are reasonably expected to be incurred by or passed along to

businesses, state or local government units, and individuals as a
d by law;

11. “Major rule” means any administrative rule, whether

emergency or permanent in nature, that will result in or is likely

to result in One Million Dollars ($1,000,000.00) or more over the

initial five-year period in implementation and compliance costs that

are reasonably expected to be incurred by or passed along to

businesses, state or local government units, and individuals as a

result of the proposed rule following the promulgation of such rule;

12. “Nonmajor rule” means any rule that is not a major rule;

13. “Office” means the Office of the Secretary of State;

14. “Order” means all or part of a formal or official decision

made by an agency including, but not limited to, final agency

orders;

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15. “Party” means a person or agency named and participating,

or properly seeking and entitled by law to participate, in an

individual proceeding;

16. “Permanent rule” means a rule that is made pursuant to

Section 303 of this title;

17. “Person” means any individual, partnership, corporation,

association, governmental subdivision, or public or private

organization of any character other than an agency;

18. “Political subdivision” means a county, city, incorporated

town, or school district within this state;

19. “Promulgated” means a finally adopted rule which has been

filed and published in accordance with the provisions of the

Administrative Procedures Act, or an emergency rule or preemptive

rule which has been approved by the Governor;

20. “Rule” means any agency statement or group of related

statements of general applicability and future effect that

implements, interprets, or prescribes law or policy, or describes

the procedure or practice requirements of the agency. The term rule

includes the amendment or revocation of an effective rule but does

not include:

a. the issuance, renewal, denial, suspension or

revocation or other sanction of an individual specific

license,

b. the approval, disapproval, or prescription of rates.

For purposes of this subparagraph, the term “rates”

shall not include fees or charges fixed by an agency

for services provided by that agency including, but

not limited to, fees charged for licensing,

permitting, inspections, or publications,

c. statements and memoranda concerning only the internal

management of an agency and not affecting private

rights or procedures available to the public,

d. declaratory rulings issued pursuant to Section 307 of

this title,

e. orders by an agency, or

f. press releases or “agency news releases”, provided

such releases are not for the purpose of interpreting,

implementing, or prescribing law or agency policy;

21. “Rulemaking” means the process employed by an agency for

the formulation of a rule;

22. “Secretary” means the Secretary of State;

23. “Small business” means a for-profit enterprise consisting

of fifty or fewer full-time or part-time employees; and

24. “Technical legal defect” means an error that would

otherwise invalidate an action by a court of law.