Oklahoma § 75-250.6 - Commission for Human Services - Preemptive rules Approval by Governor - Filing of approval and rule - Publication Disapproval by Legislature - Exemptions

§ 75-250.6. Commission for Human Services - Preemptive rules Approval by Governor - Filing of approval and rule - Publication Disapproval by Legislature - Exemptions

A. 1. The Commission for Human Services may promulgate a

preemptive rule pursuant to the provisions of this section:

a.

when the Commission for Human Services is required by

federal law, federal rules, a state law enacted

pursuant to federal law or federal rule, or order of a

court of competent jurisdiction to adopt a rule, or an

amendment, revision or revocation of an existing rule,

and

b.

which if such rule is not immediately adopted would

result in the imposition of a financial penalty, or a

reduction, withholding or loss of federal funds.

Oklahoma Statutes - Title 75. Statutes and Reports

2. A preemptive rule must be approved by the Governor pursuant

to this section.

3. The website of the Commission shall provide a link to the

website of the Secretary of State where the preemptive rules of the

Commission are published.

4. The conditions specified in this subsection for the

promulgation of a preemptive rule shall be the only conditions

authorized for promulgation of such rule by the Commission for Human

Services.

B. 1. Upon the adoption of such preemptive rule by the

Commission, the Director of the Department of Human Services shall

request the Governor to approve the rules on the basis that such

rules are required to comply with a federal law, federal rule, a

state law enacted pursuant to federal law or rule, or order of a

court of competent jurisdiction and which if such rules are not

immediately adopted would result in a financial penalty, or a

reduction, withholding or loss of federal funds.

2. Upon the filing of the request for approval of a preemptive

rule, the Governor shall review such rule and decide as to whether

such rule should be approved. Prior to approval of a preemptive

rule, the Governor shall submit the preemptive rule to the Office of

the Secretary of State for review of proper formatting unless the

preemptive rule has been reviewed by the Office prior to agency

submission to the Governor. Failure of the Governor to approve such

rule within twenty-eight (28) calendar days shall constitute denial

of the rule as a preemptive rule.

3. Upon approval of a preemptive rule, the Governor shall

immediately notify the Commission. Upon receipt of notice of the

approval of the preemptive rule, the Commission shall file the

number of copies specified by the Secretary of the approval issued

by the Governor and the number of copies specified by the Secretary

of the preemptive rule with the Office pursuant to Section 251 of

this title.

4. The preemptive rule shall be published in accordance with

the provisions of Section 255 of this title in “The Oklahoma

Register” following approval by the Governor. The Governor’s

approval and the approved rules shall be retained as official

records by the Office of Administrative Rules.

5. For informational purposes only, a copy of the Governor’s

approval and the preemptive rule shall be submitted by the

Commission to the Speaker of the House of Representatives and the

President Pro Tempore of the Senate within ten (10) days of the

approval of the preemptive rule by the Governor.

6. Upon approval by the Governor, the rule shall be considered

promulgated and shall be in force immediately, or if a later date is

required by statute or specified in the rule, the later date is the

effective date.

Oklahoma Statutes - Title 75. Statutes and Reports

C. A preemptive rule shall be considered to be a permanent rule

and shall remain in full force and effect unless and until

specifically disapproved during the first thirty (30) legislative

days of the next regular legislative session following promulgation

of such preemptive rule or unless an earlier expiration date is

specified by the Commission. The Legislature may disapprove such

rule pursuant to Section 308 of this title. Any resolution

introduced for the purpose of disapproving such rule shall not be

subject to regular legislative cut off dates.

D. Except as otherwise provided by this section, preemptive

rules shall be promulgated and published in compliance with Article

I of the Administrative Procedures Act. Preemptive rules

promulgated pursuant to the provisions of this section shall be

exempt from the provisions of Sections 253, 303, 303.1, 303.2, 304,

308 and 308.1 of this title.

Added by Laws 1988, c. 266, § 25, operative July 1, 1988. Amended

by Laws 1990, c. 300, § 3, eff. July 1, 1991; Laws 1991, c. 326, §

2, eff. July 1, 1991; Laws 1994, c. 384, § 2, eff. July 1, 1994;

Laws 1997, c. 206, § 8, eff. Nov. 1, 1997; Laws 1998, c. 239, § 3,

eff. Nov. 1, 1998; Laws 2005, c. 227, § 2, eff. Nov. 1, 2005; Laws

2021, c. 11, § 4, eff. Sept. 1, 2021.