Administrative Procedure Act – Oklahoma

The Oklahoma Administrative Procedure Act is found in Title 75, Chapter 8 of Oklahoma Statutes.  According to 75 Okl. St. § 250.9, an Office of Administrative Rules is established within the Office of the Secretary of State for publishing The Oklahoma Register and the Oklahoma Administrative Code.  75 Okl. St. § 250.10 provides that the Governor or either house of the Legislature may request an agency to review its rules to determine whether or not the rules in question should be amended, repealed or redrafted.  As per 75 Okl. St. § 251, on request of the Secretary of State, each agency should furnish to the Office of Administrative Rules, a complete set of its permanent rules.

According to 75 Okl. St. § 253, an agency may make an emergency rule, if an imminent peril exists to the preservation of the public health, safety, or welfare.  Further, when public interest requires an emergency rule or amendment, revision, or revocation of an existing rule, an agency may make, at any time, any such rule.  However, the Governor should approve an emergency rule.

According to 75 Okl. St. § 255 the Secretary of State should publish in The Oklahoma Register, new rules, any amendment, revision or revocation of an existing rule, emergency rules, any notices of such rulemaking process and Executive Orders.  As per 75 Okl. St. § 256 the Secretary of State should provide for the codification, compilation, indexing and publication of agency rules and Executive Orders in the Oklahoma Administrative Code.

As per 75 Okl. St. § 303, before adopting a rule, an agency should publish the notice of intended action in The Oklahoma Register.  Further, the agency should consider all written and oral submissions about the proposed rule and a hearing should also be held.  On completion of all requirements of law, an agency may adopt a proposed rule.

According to 75 Okl. St. § 303.1, within ten days after adoption of a permanent rule, the agency should file two copies of new rules or amendments and revisions or revocations to an existing rule proposed by an agency with the Governor, the Speaker of the House of Representatives and the President Pro Tempore of the Senate.  The agency should also submit to the Office of Administrative Rules for publication in The Oklahoma Register, a statement that the adopted rules have been submitted to the Governor and the Legislature.  As per 75 Okl. St. § 303.2, the Governor has forty-five days from receipt of a rule to approve or disapprove the rule.  If the Governor approves the rule, the Governor should immediately notify the agency in writing of the approval.  A copy of such approval is given by the Governor to the Speaker of the House of Representatives and the President Pro Tempore of the Senate.  Upon receipt of the approval, the agency should submit a notice of such approval to the Office of Administrative Rules for publication in The Oklahoma Register.  If the Governor disapproves the adopted rule, the Governor should return the entire document to the agency with reasons in writing for the disapproval.

75 Okl. St. § 304 states that each agency should file copies of the rule finally adopted by it with the Secretary of State.  According to 75 Okl. St. § 305, an interested person may petition an agency requesting the promulgation, amendment, or repeal of a rule.

According to 75 Okl. St. § 307.1, the Speaker of the House of Representatives and the President Pro Tempore of the Senate may each establish a rule review committee or designate standing committees of each such house to review administrative rules.  As per 75 Okl. St. § 308, the Legislature may disapprove or approve any rule which has been submitted for review by adoption of a joint resolution.  As per 75 Okl. St. § 308.2, an agency rule is not valid, until it has been promulgated as required in the Administrative Procedures Act.

75 Okl. St. § 312 provides that a final agency order should be in writing and should include findings of fact and conclusions of law.  As per 75 Okl. St. § 318, any party aggrieved by a final agency order in an individual proceeding is entitled to speedy, adequate and complete judicial review.  According to 75 Okl. St. § 323, an aggrieved party or the agency, may secure a review of any final judgment of a district or superior court by appeal to the Supreme Court.


Inside Administrative Procedure Act – Oklahoma