Okla. Stat. tit. 75, § 75-303v1

A. Prior to the adoption of any rule or amendment or revocation

of a rule, the agency shall:

1. Cause notice of any intended action to be published in “The

Oklahoma Register” pursuant to subsection B of this section;

2. For at least thirty (30) days after publication of the

notice of the intended rulemaking action, afford a comment period

for all interested persons to submit data, views, or arguments,

orally or in writing. The agency shall consider fully all written

and oral submissions respecting the proposed rule;

3. Hold a hearing, if required, as provided by subsection C of

this section;

4. Consider the effect its intended action may have on the

various types of business and governmental entities. Except where

such modification or variance is prohibited by statute or

constitutional constraints, if an agency finds that its actions may

adversely affect any such entity, the agency may modify its actions

to exclude that type of entity, or may “tier” its actions to allow

rules, penalties, fines, or reporting procedures and forms to vary

according to the size of a business or governmental entity or its

ability to comply or both. For business entities, the agency shall

include a description of the probable quantitative and qualitative

impact of the proposed rule, economic or otherwise, and use

quantifiable data to the extent possible, taking into account both

short-term and long-term consequences;

5. Consider the effect its intended action may have on the

various types of consumer groups. If an agency finds that its

actions may adversely affect such groups, the agency may modify its

actions to exclude that type of activity; and

6. When an agency provides notice pursuant to paragraph 1 of

this subsection, the agency shall provide one electronic copy of the

complete text of the proposed rule, amendment or revocation and a

copy of the notice to the Governor and to the appropriate cabinet

secretary. No agency may adopt any proposed rule, amendment or

revocation if, within thirty (30) days from providing notice to the

Governor and the appropriate cabinet secretary, the agency receives

express written disapproval from the Governor or the cabinet

secretary. If the Governor or the cabinet secretary disapproves a

rule, the affected agency shall be notified in writing of the

reasons for disapproval. If, after thirty (30) days of providing

the notice to the Governor and the cabinet secretary, the agency has

not received an express written disapproval, the agency may proceed

with the rulemaking process.

B. The notice required by paragraph 1 of subsection A of this

section shall include, but not be limited to:

1. In simple language, a brief summary of the rule;

2. The proposed action being taken;

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3. The circumstances which created the need for the rule;

4. The specific legal authority, including statutory citations,

authorizing the proposed rule;

5. The intended effect of the rule;

6. If the agency determines that the rule affects business

entities, a request that such entities provide the agency, within

the comment period, in dollar amounts if possible, the increase in

the level of direct costs such as fees, and indirect costs such as

reporting, recordkeeping, equipment, construction, labor,

professional services, revenue loss, or other costs expected to be

incurred by a particular entity due to compliance with the proposed

rule;

7. The time when, the place where, and the manner in which

interested persons may present their views thereon pursuant to

paragraph 3 of subsection A of this section;

8. Whether or not the agency intends to issue a rule impact

statement according to subsection D of this section and where copies

of such impact statement may be obtained for review by the public;

9. The time when, the place where, and the manner in which

persons may demand a hearing on the proposed rule if the notice does
views thereon pursuant to

paragraph 3 of subsection A of this section;

8. Whether or not the agency intends to issue a rule impact

statement according to subsection D of this section and where copies

of such impact statement may be obtained for review by the public;

9. The time when, the place where, and the manner in which

persons may demand a hearing on the proposed rule if the notice does

not already provide for a hearing. If the notice provides for a

hearing, the time and place of the hearing shall be specified in the

notice; and

10. Where copies of the proposed rules may be obtained for

review by the public. An agency may charge persons for the actual

cost of mailing a copy of the proposed rules to such persons.

The number of copies of such notice as specified by the

Secretary of State shall be submitted to the Secretary of State who

shall publish the notice in “The Oklahoma Register” pursuant to the

provisions of Section 255 of this title.

Prior to or within three (3) days after publication of the

notice in “The Oklahoma Register”, the agency shall cause a copy of

the notice of the proposed rule adoption and the rule impact

statement, if available, to be mailed to all persons who have made a

timely request of the agency for advance notice of its rulemaking

proceedings. Provided, in lieu of mailing copies, an agency may

electronically notify interested persons that a copy of the proposed

rule and the rule impact statement, if available, may be viewed on

the agency’s website. If an agency posts a copy of the proposed

rule and rule impact statement on its website, the agency shall not

charge persons for the cost of downloading or printing the proposed

rule or impact statement. Each agency shall maintain a listing of

persons or entities requesting such notice.

C. 1. If the published notice does not already provide for a

hearing, an agency shall schedule a hearing on a proposed rule if,

within thirty (30) days after the published notice of the proposed

rule adoption, a written request for a hearing is submitted by:

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a. at least ten persons,

b. a political subdivision,

c. an agency, or

d. an association having not less than twenty-five

members.

At that hearing persons may present oral argument, data, and

views on the proposed rule.

2. A hearing on a proposed rule may not be held earlier than

thirty (30) days after notice of the hearing is published pursuant

to subsection B of this section.

3. The provisions of this subsection shall not be construed to

prevent an agency from holding a hearing or hearings on the proposed

rule although not required by the provisions of this subsection;

provided, that notice of such hearing shall be published in “The

Oklahoma Register” at least thirty (30) days prior to such hearing.

D. 1. Except as otherwise provided in this subsection, an

agency shall issue a rule impact statement of a proposed rule prior

to or within fifteen (15) days after the date of publication of the

notice of proposed rule adoption. The rule impact statement may be

modified after any hearing or comment period afforded pursuant to

the provisions of this section.

2. The agency shall consult with counties, municipalities, and

school boards, as necessary, when preparing the rule impact

statement of a proposed rule which increases or decreases the

revenue of counties, cities, or school districts, or imposes

functions or responsibilities on such entities which may increase

the expenditures or fiscal liability of the entity. The agency

shall consult and solicit information from businesses, business

associations, local government units, state agencies, or members of

the public that may be affected by the proposed rule or that may

provide relevant information to the agency.

3. Except as otherwise provided in this subsection, the rule

impact statement shall include, but not be limited to:
l liability of the entity. The agency

shall consult and solicit information from businesses, business

associations, local government units, state agencies, or members of

the public that may be affected by the proposed rule or that may

provide relevant information to the agency.

3. Except as otherwise provided in this subsection, the rule

impact statement shall include, but not be limited to:

a. a statement of the need for the rule and legal basis

supporting it,

b. 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,

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c. a description of the purpose 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,

d. 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,

e. a description of the classes of persons who will

benefit from the proposed rule,

f. 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,

g. a detailed explanation of the methodology and

assumptions used to determine the economic impact,

including the dollar amounts calculated,

h. 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,

i. 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,

j. 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,

k. 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,

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l. a determination of any detrimental effect on the

public health, safety, and environment if the proposed

rule is not implemented, and

m. the date the rule impact statement was prepared and,

if modified, the date modified.

4. To the extent an agency for good cause finds the preparation

of a rule impact statement or the specified contents thereof are

unnecessary or contrary to the public interest in the process of

adopting a nonmajor rule, the agency may request the Governor to
t if the proposed

rule is not implemented, and

m. the date the rule impact statement was prepared and,

if modified, the date modified.

4. To the extent an agency for good cause finds the preparation

of a rule impact statement or the specified contents thereof are

unnecessary or contrary to the public interest in the process of

adopting a nonmajor rule, the agency may request the Governor to

waive such requirement. Such request shall be in writing and shall

state the agency’s findings and the justification for such findings.

Upon request by an agency, the Governor may also waive the rule

impact statement requirements for a nonmajor rule if the agency is

required to implement a statute or federal requirement that does not

require an agency to interpret or describe the requirements, such as

federally mandated provisions which afford the agency no discretion

to consider less restrictive alternatives. If the Governor fails to

waive such requirement, in writing, prior to publication of the

notice of the intended rulemaking action, the rule impact statement

shall be completed. The determination to waive the rule impact

statement shall not be subject to judicial review.

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

may adopt a proposed rule. No rule is valid unless adopted in

substantial compliance with the provisions of this section.