Oklahoma § 75-250.4 - Compliance with act - Exemptions

§ 75-250.4. Compliance with act - Exemptions

A. 1. Except as is otherwise specifically provided in this

subsection, each agency is required to comply with Article I of the

Administrative Procedures Act.

2. The Corporation Commission shall be required to comply with

the provisions of Article I of the Administrative Procedures Act

except for subsections A, B, C and E of Section 303 of this title

and Section 306 of this title. To the extent of any conflict or

inconsistency with Article I of the Administrative Procedures Act,

pursuant to Section 35 of Article IX of the Oklahoma Constitution,

it is expressly declared that Article I of the Administrative

Procedures Act is an amendment to and alteration of Sections 18

through 34 of Article IX of the Oklahoma Constitution.

3. The Oklahoma Military Department shall be exempt from the

provisions of Article I of the Administrative Procedures Act to the

extent it exercises its responsibility for military affairs.

Military publications, as defined in Section 801 of Title 44 of the

Oklahoma Statutes, shall be exempt from the provisions of Article I

Oklahoma Statutes - Title 75. Statutes and Reports

and Article II of the Administrative Procedures Act, except as

provided in Section 251 of this title.

4. The Oklahoma Ordnance Works Authority, the Northeast

Oklahoma Public Facilities Authority, the Oklahoma Office of

Homeland Security and the Board of Trustees of the Oklahoma College

Savings Plan shall be exempt from Article I of the Administrative

Procedures Act.

5. The Transportation Commission and the Department of

Transportation shall be exempt from Article I of the Administrative

Procedures Act to the extent they exercise their authority in

adopting standard specifications, special provisions, plans, design

standards, testing procedures, federally imposed requirements and

generally recognized standards, project planning and programming,

and the operation and control of the State Highway System.

6. The Oklahoma State Regents for Higher Education shall be

exempt from Article I of the Administrative Procedures Act with

respect to:

a.

prescribing standards of higher education,

b.

prescribing functions and courses of study in each

institution to conform to the standards,

c.

granting of degrees and other forms of academic

recognition for completion of the prescribed courses,

d.

allocation of state-appropriated funds, and

e.

fees within the limits prescribed by the Legislature.

7. Institutional governing boards within The Oklahoma State

System of Higher Education shall be exempt from Article I of the

Administrative Procedures Act.

8.

a.

The Commissioner of Public Safety and the Director of

Service Oklahoma shall be exempt from Sections 303.1,

304, 307.1, 308 and 308.1 of this title insofar as it

is necessary to promulgate rules pursuant to the

Oklahoma Motor Carrier Safety and Hazardous Materials

Transportation Act, to maintain a current

incorporation of federal motor carrier safety and

hazardous material regulations.

b.

Such rules may be adopted by the Commissioner and

shall be deemed promulgated twenty (20) days after

notice of adoption is published in “The Oklahoma

Register”. Such publication need not set forth the

full text of the rule but may incorporate the federal

rules and regulations by reference.

c.

Such copies of promulgated rules shall be filed with

the Secretary as required by Section 251 of this

title.

d.

For any rules for which the Commissioner has

discretion to allow variances, tolerances or

modifications from the federal rules and regulations,

Oklahoma Statutes - Title 75. Statutes and Reports

the Commissioner shall fully comply with Article I of

the Administrative Procedures Act.

9. The Council on Judicial Complaints shall be exempt from

Section 306 of Article I of the Administrative Procedures Act, with

respect to review of the validity or applicability of a rule by an

action for declaratory judgment, or any other relief based upon the

validity or applicability of a rule, in the district court or by an

appellate court. A party aggrieved by the validity or applicability

of a rule made by the Council on Judicial Complaints may petition

the Court on the Judiciary to review the rules and issue opinions

based upon them.

10. The Department of Corrections, State Board of Corrections,

county sheriffs and managers of city jails shall be exempt from

Article I of the Administrative Procedures Act with respect to:

a.

prescribing internal management procedures for the

management of the state prisons, county jails and city

jails and for the management, supervision and control

of all incarcerated prisoners, and

b.

prescribing internal management procedures for the

management of the probation and parole unit of the

Department of Corrections and for the supervision of

probationers and parolees.

11. The State Board of Education shall be exempt from Article I

of the Administrative Procedures Act with respect to prescribing

subject matter standards as provided for in Section 11-103.6a of

Title 70 of the Oklahoma Statutes.

B. As specified, the following agencies or classes of agency

activities are not required to comply with the provisions of Article

II of the Administrative Procedures Act:

1. The Oklahoma Tax Commission, except as provided in

subsection G of Section 1140 of Title 47 of the Oklahoma Statutes;

2. The Commission for Human Services;

3. The Oklahoma Ordnance Works Authority;

4. The Corporation Commission;

5. The Pardon and Parole Board;

6. The Midwestern Oklahoma Development Authority;

7. The Grand River Dam Authority;

8. The Northeast Oklahoma Public Facilities Authority;

9. The Council on Judicial Complaints;

10. The Board of Trustees of the Oklahoma College Savings Plan;

11. The supervisory or administrative agency of any penal,

mental, medical or eleemosynary institution, only with respect to

the institutional supervision, custody, control, care or treatment

of inmates, prisoners or patients therein; provided, that the

provisions of Article II shall apply to and govern all

administrative actions of the Oklahoma Alcohol Prevention, Training,

Treatment and Rehabilitation Authority;

Oklahoma Statutes - Title 75. Statutes and Reports

12. The Board of Regents or employees of any university,

college, or other institution of higher learning;

13. The Oklahoma Horse Racing Commission, its employees or

agents only with respect to hearing and notice requirements on the

following classes of violations which are an imminent peril to the

public health, safety and welfare:

a.

any rule regarding the running of a race,

b.

any violation of medication laws and rules,

c.

any suspension or revocation of an occupation license

by any racing jurisdiction recognized by the

Commission,

d.

any assault or other destructive acts within

Commission-licensed premises,

e.

any violation of prohibited devices, laws and rules,

or

f.

any filing of false information;

14. The Commissioner of Public Safety and the Director of

Service Oklahoma only with respect to driver license hearings and

hearings conducted pursuant to the provisions of Section 2-115 of

Title 47 of the Oklahoma Statutes;

15. The Administrator of the Department of Securities only with

respect to hearings conducted pursuant to provisions of the Oklahoma

Take-over Disclosure Act of 1985;

16. Hearings conducted by a public agency pursuant to Section

962 of Title 47 of the Oklahoma Statutes;

17. The Oklahoma Military Department;

18. The University Hospitals Authority, including all hospitals

or other institutions operated by the University Hospitals

Authority;

19. The Oklahoma Health Care Authority Board and the

Administrator of the Oklahoma Health Care Authority; and

20. The Oklahoma Office of Homeland Security.

Added by Laws 1987, c. 207, § 12. Amended by Laws 1987, c. 236, §

125, emerg. eff. July 20, 1987; Laws 1988, c. 292, § 2, emerg. eff.

July 1, 1988; Laws 1990, c. 136, § 1, emerg. eff. April 25, 1990;

Laws 1990, c. 300, § 2, emerg. eff. May 30, 1990; Laws 1993, c. 330,

§ 30, eff. July 1, 1993; Laws 1994, c. 384, § 1, eff. July 1, 1994;

Laws 1995, c. 330, § 4, emerg. eff. June 8, 1995; Laws 1996, c. 320,

§ 11, emerg. eff. June 12, 1996; Laws 1997, c. 206, § 5, eff. Nov.

1, 1997; Laws 1998, c. 239, § 2, eff. Nov. 1, 1998; Laws 1999, c. 1,

§ 42, emerg. eff. Feb. 24, 1999; Laws 1999, c. 423, § 11, emerg.

eff. June 10, 1999; Laws 2000, c. 6, § 30, emerg. eff. March 20,

2000; Laws 2001, c. 131, § 16, eff. July 1, 2001; Laws 2002, c. 402,

§ 12, eff. July 1, 2002; Laws 2003, c. 279, § 13, emerg. eff. May

26, 2003; Laws 2004, c. 157, § 6, emerg. eff. April 26, 2004; Laws

2005, c. 176, § 8, eff. July 1, 2005; Laws 2014, c. 36, § 1, eff.

Nov. 1, 2014; Laws 2014, c. 430, § 12, emerg. eff. June 5, 2014;

Oklahoma Statutes - Title 75. Statutes and Reports

Laws 2019, c. 408, § 214, eff. Oct. 1, 2019; Laws 2021, c. 569, § 4,

eff. Nov. 1, 2021; Laws 2023, c. 310, § 37, eff. July 1, 2023.

NOTE: Laws 1987, c. 231, § 5 repealed by Laws 1987, c. 236, § 203,

emerg. eff. July 20, 1987. Laws 1998, c. 203, § 10 repealed by Laws

1999, c. 1, § 45, emerg. eff. Feb. 24, 1999. Laws 1999, c. 142, § 4

repealed by Laws 2000, c. 6, § 33, emerg. eff. March 20, 2000.

§75-250.4a. Exempt rules to be made for public inspection.

Any agency exempt from all or part of the Administrative

Procedures Act pursuant to subsection A of Section 250.4 of this

title shall maintain and make available for public inspection its

exempt rules at its principal place of business and on any website

associated with the agency.

Added by Laws 1997, c. 206, § 6, eff. Nov. 1, 1997. Amended by Laws

2005, c. 227, § 1, eff. Nov. 1, 2005; Laws 2021, c. 11, § 3, eff.

Sept. 1, 2021.