1 STATE OF OKLAHOMA
1
2 1st Session of the 59th Legislature (2023)
2
3 SENATE BILL 515 By: Bergstrom
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to the Administrative Procedures Act;
7 amending 75 O.S. 2021, Sections 250.3, 253, 303a,
8 303.1, 307.1, 308, and 308.3, which relate to
8 definitions, emergency rules, expedited rule repeal
9 process, filing of new rules, and rule adoption;
9 modifying definition; requiring certain reports and
10 filings to be submitted to chief legislative officer
10 of each chamber; providing for each chamber of
11 committee to meet separately or jointly; modifying
11 date for proposed permanent rules to be submitted for
12 legislative consideration; updating statutory
12 reference; and declaring an emergency.
13
13
14
14
15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
15
16 SECTION 1. AMENDATORY 75 O.S. 2021, Section 250.3, is
16
17 amended to read as follows:
17
18 Section 250.3. As used in the Administrative Procedures Act:
18
19 1. “Administrative head” means an official or agency body
19
20 responsible pursuant to law for issuing final agency orders;
20
21 2. “Adopted” means a proposed emergency rule which has been
21
22 approved by the agency but has not been approved or disapproved by
22
23 the Governor as an emergency rule as provided by Section 253 of this
23
24 title, or a proposed permanent rule which has been approved by the
24
Req. No. 1645 Page 1
 1 agency and not disapproved by the Governor pursuant to paragraph 6
1
2 of subsection A of Section 303 of this title, but has not been
2
3 finally approved or disapproved by the Legislature or the Governor;
3
4 3. “Agency” includes but is not limited to any constitutionally
4
5 or statutorily created state board, bureau, commission, office,
5
6 authority, public trust in which the state is a beneficiary, or
6
7 interstate commission, except:
7
8 a. the Legislature or any branch, committee or officer
8
9 thereof, and
9
10 b. the courts;
10
11 4. “Concurrent majority” means a majority of members on the
11
12 Joint Committee on Administrative Rules from both the Oklahoma
12
13 Senate and the Oklahoma House of Representatives. Concurrent
13
14 majority shall not be construed to mean a majority of a quorum
14
15 present at any meeting of the Joint Committee;
15
16 5. “Emergency rule” means a rule that is made pursuant to
16
17 Section 253 of this title;
17
18 6. “Expedited repeal” means the procedure utilized by a rule-
18
19 making agency as specified in Section 9 of this act;
19
20 7. “Final rule” or “finally adopted rule” means a rule other
20
21 than an emergency rule, which has not been published pursuant to
21
22 Section 255 of this title but is otherwise in compliance with the
22
23 requirements of the Administrative Procedures Act, and is:
23
24
24
Req. No. 1645 Page 2
 1 a. approved by the Legislature pursuant to Section 308.3
1
2 of this title, provided that any such joint resolution
2
3 becomes law in accordance with Section 11 of Article
3
4 VI of the Oklahoma Constitution,
4
5 b. approved by the Governor pursuant to subsection C of
5
6 Section 308.3 of this title,
6
7 c. approved by a joint resolution pursuant to subsection
7
8 B of Section 308 of this title, provided that any such
8
9 resolution becomes law in accordance with Section 11
9
10 of Article VI of the Oklahoma Constitution, or
10
11 d. disapproved by a joint resolution pursuant to
11
12 subsection B of Section 308 of this title or Section
12
13 308.3 of this title, which has been vetoed by the
13
14 Governor in accordance with Section 11 of Article VI
14
15 of the Oklahoma Constitution and the veto has not been
15
16 overridden;
16
17 8. “Final agency order” means an order that includes findings
17
18 of fact and conclusions of law pursuant to Section 312 of this
18
19 title, is dispositive of an individual proceeding unless there is a
19
20 request for rehearing, reopening, or reconsideration pursuant to
20
21 Section 317 of this title and which is subject to judicial review;
21
22 9. “Hearing examiner” means a person meeting the qualifications
22
23 specified by Article II of the Administrative Procedures Act and who
23
24
24
Req. No. 1645 Page 3
 1 has been duly appointed by an agency to hold hearings and, as
1
2 required, render orders or proposed orders;
2
3 10. “Individual proceeding” means the formal process employed
3
4 by an agency having jurisdiction by law to resolve issues of law or
4
5 fact between parties and which results in the exercise of discretion
5
6 of a judicial nature;
6
7 11. “License” includes the whole or part of any agency permit,
7
8 certificate, approval, registration, charter, or similar form of
8
9 permission required by law;
9
10 12. “Office” means the Office of the Secretary of State;
10
11 13. “Order” means all or part of a formal or official decision
11
12 made by an agency including but not limited to final agency orders;
12
13 14. “Party” means a person or agency named and participating,
13
14 or properly seeking and entitled by law to participate, in an
14
15 individual proceeding;
15
16 15. “Permanent rule” means a rule that is made pursuant to
16
17 Section 303 of this title;
17
18 16. “Person” means any individual, partnership, corporation,
18
19 association, governmental subdivision, or public or private
19
20 organization of any character other than an agency;
20
21 17. “Political subdivision” means a county, city, incorporated
21
22 town or school district within this state;
22
23 18. “Promulgated” means a finally adopted rule which has been
23
24 filed and published in accordance with the provisions of the
24
Req. No. 1645 Page 4
 1 Administrative Procedures Act, or an emergency rule or preemptive
1
2 rule which has been approved by the Governor;
2
3 19. “Rule” means any agency statement or group of related
3
4 statements of general applicability and future effect that
4
5 implements, interprets or prescribes law or policy, or describes the
5
6 procedure or practice requirements of the agency. The term “rule”
6
7 includes the amendment or revocation of an effective rule but does
7
8 not include:
8
9 a. the issuance, renewal, denial, suspension or
9
10 revocation or other sanction of an individual specific
10
11 license,
11
12 b. the approval, disapproval or prescription of rates.
12
13 For purposes of this subparagraph, the term “rates”
13
14 shall not include fees or charges fixed by an agency
14
15 for services provided by that agency including but not
15
16 limited to fees charged for licensing, permitting,
16
17 inspections or publications,
17
18 c. statements and memoranda concerning only the internal
18
19 management of an agency and not affecting private
19
20 rights or procedures available to the public,
20
21 d. declaratory rulings issued pursuant to Section 307 of
21
22 this title,
22
23 e. orders by an agency, or
23
24
24
Req. No. 1645 Page 5
 1 f. press releases or “agency news releases”, provided
1
2 such releases are not for the purpose of interpreting,
2
3 implementing or prescribing law or agency policy;
3
4 20. “Rulemaking” means the process employed by an agency for
4
5 the formulation of a rule;
5
6 21. “Secretary” means the Secretary of State;
6
7 22. “Small business” means a for-profit enterprise consisting
7
8 of fifty or fewer full-time or part-time employees; and
8
9 23. “Technical legal defect” means an error that would
9
10 otherwise invalidate an action by a court of law.
10
11 SECTION 2. AMENDATORY 75 O.S. 2021, Section 253, is
11
12 amended to read as follows:
12
13 Section 253. A. 1. If an agency finds that a rule is
13
14 necessary as an emergency measure, the rule may be promulgated
14
15 pursuant to the provisions of this section, if the rule is first
15
16 approved by the Governor. The Governor shall not approve the
16
17 adoption, amendment, revision or revocation of a rule as an
17
18 emergency measure unless the agency submits substantial evidence
18
19 that the rule is necessary as an emergency measure to do any of the
19
20 following:
20
21 a. protect the public health, safety or welfare,
21
22 b. comply with deadlines in amendments to an agency’s
22
23 governing law or federal programs,
23
24
24
Req. No. 1645 Page 6
 1 c. avoid violation of federal law or regulation or other
1
2 state law,
2
3 d. avoid imminent reduction to the agency’s budget, or
3
4 e. avoid serious prejudice to the public interest.
4
5 As used in this subsection, “substantial evidence” shall mean
5
6 credible evidence which is of sufficient quality and probative value
6
7 to enable a person of reasonable caution to support a conclusion.
7
8 2. In determining whether a rule is necessary as an emergency
8
9 measure, the Governor shall consider whether the emergency situation
9
10 was created due to the agency’s delay or inaction and could have
10
11 been averted by timely compliance with the provisions of this
11
12 chapter.
12
13 B. An emergency rule adopted by an agency shall:
13
14 1. Be prepared in the format required by Section 251 of this
14
15 title;
15
16 2. a. Include an impact statement which meets the
16
17 requirements set forth in subparagraph b of this
17
18 paragraph unless the Governor waives the requirement
18
19 in writing upon a finding that the rule impact
19
20 statement or the specified contents thereof are
20
21 unnecessary or contrary to the public interest.
21
22 b. The rule impact statement shall include, but not be
22
23 limited to:
23
24 (1) a brief description of the proposed rule,
24
Req. No. 1645 Page 7
 1 (2) a description of the persons who most likely will
1
2 be affected by the proposed rule, including
2
3 classes that will bear the costs of the proposed
3
4 rule, and any information on cost impacts
4
5 received by the agency from any private or public
5
6 entities,
6
7 (3) a description of the classes of persons who will
7
8 benefit from the proposed rule,
8
9 (4) a description of the probable economic impact of
9
10 the proposed rule upon affected classes of
10
11 persons or political subdivisions, including a
11
12 listing of all fee changes and, whenever
12
13 possible, a separate justification for each fee
13
14 change,
14
15 (5) the probable costs and benefits to the agency and
15
16 to any other agency of the implementation and
16
17 enforcement of the proposed rule, and any
17
18 anticipated effect on state revenues, including a
18
19 projected net loss or gain in such revenues if it
19
20 can be projected by the agency,
20
21 (6) a determination of whether implementation of the
21
22 proposed rule may have an adverse economic effect
22
23 on small business as provided by the Oklahoma
23
24 Small Business Regulatory Flexibility Act,
24
Req. No. 1645 Page 8
 1 (7) an explanation of the measures the agency has
1
2 taken to minimize compliance costs and a
2
3 determination of whether there are less costly or
3
4 nonregulatory methods or less intrusive methods
4
5 for achieving the purpose of the proposed rule,
5
6 (8) a determination of the effect of the proposed
6
7 rule on the public health, safety and environment
7
8 and, if the proposed rule is designed to reduce
8
9 significant risks to the public health, safety
9
10 and environment, an explanation of the nature of
10
11 the risk and to what extent the proposed rule
11
12 will reduce the risk,
12
13 (9) a determination of any detrimental effect on the
13
14 public health, safety and environment if the
14
15 proposed rule is not implemented, and
15
16 (10) the date the rule impact statement was prepared
16
17 and if modified, the date modified.
17
18 c. The rule impact statement shall be prepared on or
18
19 before the date the emergency rule is adopted;
19
20 3. Be transmitted pursuant to Section 464 of Title 74 of the
20
21 Oklahoma Statutes to the Governor, the Speaker of the Oklahoma House
21
22 of Representatives, the President Pro Tempore of the Senate, and the
22
23 chairs of the Joint Committee on Administrative Rules, and the chief
23
24 legislative office of each chamber along with the information
24
Req. No. 1645 Page 9
 1 required by this subsection within ten (10) days after the rule is
1
2 adopted; and
2
3 4. Not be invalidated on the ground that the contents of the
3
4 rule impact statement are insufficient or inaccurate.
4
5 C. 1. Within forty-five (45) calendar days of receipt of a
5
6 proposed emergency rule filed with the Governor, the Speaker of the
6
7 Oklahoma House of Representatives, the President Pro Tempore of the
7
8 Senate, and the chairs of the Joint Committee on Administrative
8
9 Rules, and the chief legislative officer of each chamber, the
9
10 Governor shall review the demonstration of emergency pursuant to
10
11 subsection A of this section, and shall separately review the rule
11
12 in accordance with the standards prescribed in paragraph 3 of this
12
13 subsection.
13
14 2. Prior to approval of emergency rules, the Governor shall
14
15 submit the emergency rule to the Secretary of State for review of
15
16 proper formatting.
16
17 3. If the Governor determines the agency has established the
17
18 rule is necessary as an emergency measure pursuant to subsection A
18
19 of this section, the Governor shall approve the proposed emergency
19
20 rule if the rule is:
20
21 a. clear, concise and understandable,
21
22 b. within the power of the agency to make and within the
22
23 enacted legislative standards, and
23
24
24
Req. No. 1645 Page 10
 1 c. made in compliance with the requirements of the
1
2 Administrative Procedures Act.
2
3 D. 1. Within the forty-five-calendar-day period set forth in
3
4 paragraph 1 of su