Okla. Stat. tit. 75, § 75-250.3v2
This is the official text of Okla. Stat. tit. 75, § 75-250.3v2, part of Oklahoma’s Stat. tit. 75, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 75,." Browse the sections below, each linked to its official government source.
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Definitions
Official statutory text
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 board, bureau, commission, office,
authority, public trust in which the state is a beneficiary, or
interstate commission, 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 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
b. disapproved by a joint resolution pursuant to
subsection B of Section 308 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
Oklahoma Statutes - Title 75. Statutes and Reports Page 26
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. “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;
9. “License” includes the whole or part of any agency permit,
certificate, approval, registration, charter, or similar form of
permission required by law;
10. “Office” means the Office of the Secretary of State;
11. “Order” means all or part of a formal or official decision
made by an agency including but not limited to final agency orders;
12. “Party” means a person or agency named and participating,
or properly seeking and entitled by law to participate, in an
individual proceeding;
13. “Permanent rule” means a rule that is made pursuant to
Section 303 of this title;
14. “Person” means any individual, partnership, corporation,
association, governmental subdivision, or public or private
organization of any character other than an agency;
15. “Political subdivision” means a county, city, incorporated
town or school district within this state;
16. “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;
17. “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
dance with the provisions of the
Administrative Procedures Act, or an emergency rule or preemptive
rule which has been approved by the Governor;
17. “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,
Oklahoma Statutes - Title 75. Statutes and Reports Page 27
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;
18. “Rulemaking” means the process employed by an agency for
the formulation of a rule;
19. “Secretary” means the Secretary of State; and
20. “Small business” means a for-profit enterprise consisting
of fifty or fewer full-time or part-time employees.
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 board, bureau, commission, office,
authority, public trust in which the state is a beneficiary, or
interstate commission, 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 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
b. disapproved by a joint resolution pursuant to
subsection B of Section 308 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
Oklahoma Statutes - Title 75. Statutes and Reports Page 26
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. “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;
9. “License” includes the whole or part of any agency permit,
certificate, approval, registration, charter, or similar form of
permission required by law;
10. “Office” means the Office of the Secretary of State;
11. “Order” means all or part of a formal or official decision
made by an agency including but not limited to final agency orders;
12. “Party” means a person or agency named and participating,
or properly seeking and entitled by law to participate, in an
individual proceeding;
13. “Permanent rule” means a rule that is made pursuant to
Section 303 of this title;
14. “Person” means any individual, partnership, corporation,
association, governmental subdivision, or public or private
organization of any character other than an agency;
15. “Political subdivision” means a county, city, incorporated
town or school district within this state;
16. “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;
17. “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
dance with the provisions of the
Administrative Procedures Act, or an emergency rule or preemptive
rule which has been approved by the Governor;
17. “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,
Oklahoma Statutes - Title 75. Statutes and Reports Page 27
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;
18. “Rulemaking” means the process employed by an agency for
the formulation of a rule;
19. “Secretary” means the Secretary of State; and
20. “Small business” means a for-profit enterprise consisting
of fifty or fewer full-time or part-time employees.
Status: in_force · Read it on the official government site
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