Oklahoma § 75-256 - Oklahoma Administrative Code - Publication - Task Force on

§ 75-256. Oklahoma Administrative Code - Publication - Task Force on

Administrative Rules.

A. 1. The Secretary of State shall provide for the

codification, compilation, and publication of agency rules and

Executive Orders in a publication which shall be known as the

"Oklahoma Administrative Code" in the following manner:

a.

On or before January 1, 1992, the Secretary shall

compile Executive Orders which are effective pursuant

Oklahoma Statutes - Title 75. Statutes and Reports

to paragraph 3 of subsection B of this section, and

agency rules which have been submitted pursuant to the

agency schedule of compliance and have been accepted

as properly codified, as set forth in this section,

and rules promulgated by the Secretary. Such

compilation shall be maintained by the Office of

Administrative Rules and shall be updated by agencies,

in a manner prescribed by the Secretary, to reflect

subsequent permanent rulemaking. Prior to publication

of the first "Code", as set forth in subparagraph b of

this paragraph, the compilation shall constitute the

official permanent rules of the state. Effective

January 1, 1992, any permanent rule not included in

such compilation shall be void and of no effect.

b.

On or before December 1, 1992, the Secretary shall

have published the "Oklahoma Administrative Code". To

effectuate this provision, the Secretary may contract

for the publishing of the "Oklahoma Administrative

Code". Any permanent rule not published in the "Code"

shall be void and of no effect. A finally adopted

rule filed and published in "The Oklahoma Register"

may be valid until publication of the next succeeding

"Code" or "Code" supplement following the date of its

final adoption. Provided, a permanent rule which is

finally adopted after the closing date for publication

in a "Code" or "Code" supplement as announced by the

Secretary may be valid until publication of the next

succeeding "Code" or "Code" supplement. A permanent

rule which is published in "The Oklahoma Register"

after the closing date for publication in the first

"Code", as announced by the Secretary, shall be void

and of no effect upon publication of the next

succeeding "Code" or "Code" supplement, if not

published in the "Code" or "Code" supplement.

2. Compilations or revisions of the "Code" or any part thereof

shall be supplemented or revised annually. The "Code" shall be

organized by state agency and shall be arranged and printed in a

manner to permit separate publications of portions thereof relating

to individual agencies.

3. Annual supplements to the "Code" shall be cumulative.

Emergency rules shall not be published in the "Code" or in any

supplements thereto.

4. "The Oklahoma Register" shall also include a sectionsaffected index of the "Code". The "Code" and supplements shall

contain such notes, cross-references and explanatory materials as

required by the Secretary.

Oklahoma Statutes - Title 75. Statutes and Reports

5. The Secretary in preparing such rules for publication in the

"Code" or supplements shall omit all material shown in canceled

type. The Secretary shall not prepare any rule for publication in

the "Code" which amends or revises a rule unless the rule so

amending or revising conforms to the provisions of the

Administrative Procedures Act.

6. The Secretary is authorized to determine a numbering system

and other standardized format for documents to be filed and may

refuse to accept for publication any document that does not

substantially conform to the promulgated rules of the Secretary.

B. 1. Rules submitted and accepted for publication in the

"Code" by August 15 of each year shall be published in the next

succeeding "Code" or supplement thereto.

2. As soon as possible after August 15 of each year, the

Secretary shall assemble all rules and Executive Orders, except

emergency rules, promulgated after the publication of the preceding

"Code" or "Code" supplement in accordance with the provisions of the

Administrative Procedures Act for publication in the "Oklahoma

Administrative Code". The "Code" or supplements thereto should be

published as soon as possible after August 30 of each year.

3. Executive Orders of previous gubernatorial administrations

shall terminate ninety (90) calendar days following the inauguration

of the next Governor unless otherwise terminated or continued during

that time by Executive Order. Copies of all Executive Orders shall

be published in the "Oklahoma Administrative Code". All Executive

Orders placing agencies or employees under the State Merit System of

Personnel Administration shall remain in effect unless otherwise

modified by action of the Legislature.

C. The Secretary is hereby authorized and empowered to publish

or to contract to publish the "Oklahoma Administrative Code", and to

publish or contract to publish such annual cumulative supplements so

as to keep the "Code" current. All such agreements shall provide

that the publisher shall make such publications in such form and

arrangement as shall be approved by the Secretary. The Secretary

may publish or authorize the publication of the "Code" in part.

D. The Secretary is authorized to correct spelling errors in

rules submitted for publication in the "Code" or any such

supplements or in "The Oklahoma Register". Any other errors in

rules submitted for publication in the "Code" may be noted in

editorial notes provided by the Secretary.

E. The Secretary shall make copies of the "Code" generally

available at a cost sufficient to defray the cost of publication and

mailing. Except as otherwise provided by Section 257.1 of this

title, the Secretary is authorized to sell or otherwise distribute

the "Code" and its supplements.

F. 1. The codification system, derivations, cross-references,

notes of decisions, source notes, authority notes, numerical lists,

Oklahoma Statutes - Title 75. Statutes and Reports

and codification guides, other than the actual text of rules,

indexes, tables and other aids relevant to the publication of the

"Oklahoma Administrative Code" and "The Oklahoma Register" shall be

the property of the state and may be reproduced only with the

written consent of the Secretary. The information which appears on

the same page with the text of a rule may be reproduced incidentally

with the reproduction of the rule, if the reproduction is for the

private use of the individual and not for resale. No person shall

attempt to copyright or publish the "Oklahoma Administrative Code"

or "The Oklahoma Register", in printed or electronic media, without

expressed written consent of the Secretary of State. The Secretary

shall notify the Speaker of the Oklahoma House of Representatives

and the President Pro Tempore of the Oklahoma State Senate of any

requests to copyright or publish the "Oklahoma Administrative Code"

or "The Oklahoma Register", prior to consent by the Secretary.

2. The Secretary shall provide for the electronic access to the

"Oklahoma Administrative Code" and "The Oklahoma Register" by:

a.

Internet access at no charge, or

b.

an exclusive or a nonexclusive contract for public and

private access.

3. Publications of rules by agencies are not official

publications.

4. The sale or resale of the "Oklahoma Administrative Code" or

any part thereof by the Secretary of State shall be exempt from any

requirement mandating acquisition of a resale number and payment of

sales tax.

Added by Laws 1961, p. 604, § 6. Amended by Laws 1978, c. 165, §

13; Laws 1987, c. 207, § 9; Laws 1988, c. 292, § 10, emerg. eff.

July 1, 1988; Laws 1990, c. 300, § 11, eff. July 1, 1991; Laws 1991,

c. 326, § 7, eff. July 1, 1991; Laws 1992, c. 310, § 4, eff. July 1,

1992; Laws 1994, c. 100, § 1, eff. Sept. 1, 1994; Laws 1994, c. 384,

§ 6, eff. July 1, 1994; Laws 1997, c. 206, § 14, eff. Nov. 1, 1997;

Laws 1998, c. 239, § 8, eff. Nov. 1, 1998; Laws 2024, c. 7, § 3,

eff. Nov. 1, 2024.