Okla. Stat. tit. 75, § 75-253

A. 1. If an agency finds that a rule is necessary as an

emergency measure, the rule may be promulgated pursuant to the

provisions of this section, if the rule is first approved by the

Governor. The Governor shall not approve the adoption, amendment,

revision, or revocation of a rule as an emergency measure unless the

agency submits substantial evidence that the rule is necessary as an

emergency measure to do any of the following:

a. protect the public health, safety, or welfare,

b. comply with deadlines in amendments to an agency’s

governing law or federal programs,

c. avoid violation of federal law or regulation or other

state law,

d. avoid imminent reduction to the agency’s budget, or

e. avoid serious prejudice to the public interest.

As used in this subsection, “substantial evidence” shall mean

credible evidence which is of sufficient quality and probative value

to enable a person of reasonable caution to support a conclusion.

2. In determining whether a rule is necessary as an emergency

measure, the Governor shall consider whether the emergency situation

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was created due to the agency’s delay or inaction and could have

been averted by timely compliance with the provisions of this

chapter.

B. An emergency rule adopted by an agency shall:

1. Be prepared in the format required by Section 251 of this

title;

2. a. Include an impact statement which meets the

requirements set forth in subparagraph b of this

paragraph, unless the Governor waives the initial

requirement in writing upon a finding that the rule

impact statement or the specified contents thereof are

unnecessary or contrary to the public interest.

Provided, the rule impact statement shall be submitted

no more than forty-five (45) days from the date of

such waiver.

b. The rule impact statement shall include, but not be

limited to:

(1) a statement of the need for the rule and legal

basis supporting it,

(2) a classification of the rule as major or

nonmajor, with a justification for the

classification, including an estimate of the

total annual implementation and compliance costs

that are reasonably expected to be incurred by or

passed along to businesses, state or local

government units, or individuals and a

determination of whether those costs will exceed

One Million Dollars ($1,000,000.00) over the

initial five-year period following the

promulgation of the proposed rule. Provided, if

the costs exceed One Million Dollars

($1,000,000.00), the agency shall classify the

rule as a major rule,

(3) a description of the proposed rule, including a

determination of whether the proposed rule is

mandated by federal law, or as a requirement for

participation in or implementation of a federally

subsidized or assisted program, and whether the

proposed rule exceeds the requirements of the

applicable federal law,

(4) a description of the classes of persons who most

likely will be affected by the proposed rule,

including classes that will bear the costs of the

proposed rule, and any information on cost

impacts received by the agency from any private

or public entities,

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(5) a description of the classes of persons who will

benefit from the proposed rule,

(6) a comprehensive analysis of the rule’s economic

impact, including any anticipated impacts on the

full-time-employee count of the agency, any costs

or benefits, and a detailed quantification of

implementation and compliance costs on the

affected businesses, business sectors, public

utility ratepayers, individuals, state or local

government units, and on the state economy as a

whole. The analysis shall include a listing of

all fee changes and, whenever possible, a

separate justification for each fee change,
unt of the agency, any costs

or benefits, and a detailed quantification of

implementation and compliance costs on the

affected businesses, business sectors, public

utility ratepayers, individuals, state or local

government units, and on the state economy as a

whole. The analysis shall include a listing of

all fee changes and, whenever possible, a

separate justification for each fee change,

(7) a detailed explanation of the methodology and

assumptions used to determine the economic

impact, including the dollar amounts calculated,

(8) a determination of whether implementation of the

proposed rule will have an economic impact on any

political subdivisions or require their

cooperation in implementing or enforcing the

rule,

(9) a determination of whether implementation of the

proposed rule may have an adverse economic effect

on small business as provided by the Oklahoma

Small Business Regulatory Flexibility Act,

(10) any measures taken by the agency to minimize the

cost and impact of the proposed rule on business

and economic development in this state, local

government units of this state, and individuals,

(11) a determination of the effect of the proposed

rule on the public health, safety, and

environment and, if the proposed rule is designed

to reduce significant risks to the public health,

safety, and environment, an explanation of the

nature of the risk and to what extent the

proposed rule will reduce the risk,

(12) a determination of any detrimental effect on the

public health, safety, and environment if the

proposed rule is not implemented, and

13) the date the rule impact statement was prepared

and, if modified, the date modified.

c. The rule impact statement shall be prepared on or

before the date the emergency rule is adopted; and

3. Be transmitted pursuant to Section 464 of Title 74 of the

Oklahoma Statutes to the Governor, the Speaker of the House of

Representatives, the President Pro Tempore of the Senate, and the

chief legislative officer of each chamber, along with the

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information required by this subsection within ten (10) days after

the rule is adopted.

C. 1. Within forty-five (45) calendar days of receipt of a

proposed emergency rule filed with the Governor, the Speaker of the

House of Representatives, the President Pro Tempore of the Senate,

and the chief legislative officer of each chamber, the Governor

shall review the demonstration of emergency pursuant to subsection A

of this section, and shall separately review the rule in accordance

with the standards prescribed in paragraph 3 of this subsection.

2. Prior to approval of emergency rules, the Governor shall

submit the emergency rule to the Secretary of State for review of

proper formatting.

3. If the Governor determines the agency has established the

rule is necessary as an emergency measure pursuant to subsection A

of this section, the Governor shall approve the proposed emergency

rule if the rule is:

a. clear, concise, and understandable,

b. within the power of the agency to make and within the

enacted legislative standards, and

c. made in compliance with the requirements of the

Administrative Procedures Act.

4. If an emergency rule is adopted under this section due to a

declared state of emergency pursuant to Section 683.1 et seq. of

Title 63 of the Oklahoma Statutes, an agency may request the

Governor waive the provisions of subsection B of this section. Such

request shall be in writing and shall state the agency’s findings

and the justification for such findings. The agency shall have

forty-five (45) days to comply with the provisions of subsection B

of this section for any adopted emergency rules where such

provisions are waived. Any rules which do not comply with the

requirements of this section shall expire following such time

period. Nothing in this paragraph shall be construed to waive any
ency’s findings

and the justification for such findings. The agency shall have

forty-five (45) days to comply with the provisions of subsection B

of this section for any adopted emergency rules where such

provisions are waived. Any rules which do not comply with the

requirements of this section shall expire following such time

period. Nothing in this paragraph shall be construed to waive any

other requirements of this section for emergency rule promulgation

by an agency.

D. 1. Within the forty-five-calendar-day period set forth in

paragraph 1 of subsection C of this section, the Governor may

approve the emergency rule or disapprove the emergency rule.

Failure of the Governor to approve an emergency rule within the

specified period shall constitute disapproval of the emergency rule.

2. If the Governor disapproves the adopted emergency rule, the

Governor shall return the entire document to the agency with reasons

for the disapproval. If the agency elects to modify the rule, the

agency shall adopt the modifications, and shall file the modified

rule in accordance with the requirements of subsection B of this

section.

3. Upon disapproval of an emergency rule, the Governor shall,

within fifteen (15) days, make written notification to the Speaker

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of the House of Representatives, the President Pro Tempore of the

Senate, the chief legislative officer of each chamber, and the

Office of Administrative Rules.

E. 1. Upon approval of an emergency rule, the Governor shall

immediately make written notification to the agency, the Speaker of

the House of Representatives, the President Pro Tempore of the

Senate, the chief legislative officer of each chamber, and the

Office of Administrative Rules. Upon receipt of the notice of the

approval, the agency shall file with the Office of Administrative

Rules as many copies of the notice of approval and the emergency

rule as required by the Secretary.

2. Emergency rules shall be subject to legislative review

pursuant to Section 308 of this title.

3. The emergency rule shall be published in accordance with the

provisions of Section 255 of this title in “The Oklahoma Register”

following the approval by the Governor. The Governor’s approval and

the approved rules shall be retained as official records by the

Office of Administrative Rules.

F. 1. Upon approval by the Governor, an emergency rule shall

be considered promulgated and shall be in force immediately, or on

such later date as specified therein. An emergency rule shall only

be applied prospectively from its effective date.

2. Except as otherwise provided in this subsection, the

emergency rule shall remain in full force and effect through the

first day of the next succeeding regular session of the Legislature

following promulgation of such emergency rule until September 14

following such session, unless it is made ineffective pursuant to

subsection H of this section.

G. No agency shall adopt any emergency rule which establishes

or increases fees, except during such times as the Legislature is in

session, unless specifically mandated by the Legislature or federal

legislation, or when the failure to establish or increase fees would

conflict with an order issued by a court of law.

H. 1. If an emergency rule is of a continuing nature, the

agency promulgating such emergency rule shall initiate proceedings

for promulgation of a permanent rule pursuant to Sections 303

through 308.3 of this title. If an emergency rule is superseded by

another emergency rule prior to the enactment of a permanent rule,

the latter emergency rule shall retain the same expiration date as

the superseded emergency rule, unless otherwise authorized by the

Legislature.

2. Any promulgated emergency rule shall be made ineffective if:

a. disapproved by the Legislature,

b. superseded by the promulgation of permanent rules,
gency rule is superseded by

another emergency rule prior to the enactment of a permanent rule,

the latter emergency rule shall retain the same expiration date as

the superseded emergency rule, unless otherwise authorized by the

Legislature.

2. Any promulgated emergency rule shall be made ineffective if:

a. disapproved by the Legislature,

b. superseded by the promulgation of permanent rules,

c. any adopted rules based upon such emergency rules are

subsequently disapproved pursuant to Section 308 of

this title, or

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d. an earlier expiration date is specified by the agency

in the rules.

3. a. Emergency rules in effect on the first day of the

session shall be null and void on September 15

following sine die adjournment of the Legislature

unless otherwise specifically provided by the

Legislature.

b. Unless otherwise authorized by the Legislature, an

agency shall not adopt any emergency rule, which has

become null and void pursuant to subparagraph a of

this paragraph, as a new emergency rule or adopt any

emergency rules of similar scope or intent as the

emergency rules which became null and void pursuant to

subparagraph a of this paragraph.

I. Emergency rules shall not become effective unless approved

by the Governor pursuant to the provisions of this section.

J. 1. The requirements of Section 303 of this title relating

to notice and hearing shall not be applicable to emergency rules

promulgated pursuant to the provisions of this section. Provided,

this shall not be construed to prevent an abbreviated notice and

hearing process determined to be necessary by an agency.

2. The rule report required pursuant to Section 303.1 of this

title shall not be applicable to emergency rules promulgated

pursuant to the provisions of this section. Provided, this shall

not be construed to prevent an agency from complying with such

requirements at the discretion of such agency.

3. The statement of submission required by Section 303.1 of

this title shall not be applicable to emergency rules promulgated

pursuant to the provisions of this section.

K. Prior to approval or disapproval of an emergency rule by the

Governor, an agency may withdraw from review an emergency rule

submitted pursuant to the provisions of this section. Notice of

such withdrawal shall be given to the Governor, the Speaker of the

House of Representatives, the President Pro Tempore of the Senate in

accordance with the requirements set forth in Section 464 of Title

74 of the Oklahoma Statutes, and to the Office of Administrative

Rules as required by the Secretary of State. In order to be

promulgated as emergency rules, any replacement rules shall be

resubmitted pursuant to the provisions of this section.

L. Upon completing the requirements of this section, an agency

may promulgate a proposed emergency rule. No emergency rule is

valid unless promulgated in substantial compliance with the

provisions of this section.

M. Emergency rules adopted by an agency or approved by the

Governor shall be subject to review pursuant to the provisions of

Section 306 of this title.

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