Oklahoma § 75-505 - Promulgated rules - Petition objecting to adverse effect

§ 75-505. Promulgated rules - Petition objecting to adverse effect

on small business.

A. For promulgated rules, any adversely affected small business

may file a written petition with the agency that has promulgated the

rules objecting to all or part of any rule adversely affecting small

business on any of the following grounds:

1. The actual effect on small business was not reflected in, or

significantly exceeded, the small business impact statement

formulated by the agency pursuant to the provisions of paragraph 4

of subsection A and paragraph 6 of subsection B of Section 303 of

this title prior to the adoption of the rules;

2. These impacts were either not previously considered at the

public hearing on the rules or there was no public hearing on the

rules; or

3. The technology, economic conditions, or other relevant

factors justifying the purpose for the rules have changed or no

longer exist.

B. The agency shall promptly consider the petition and may seek

advice and counsel regarding the petition. Within sixty (60) days

after the submission of the petition, the agency shall determine

whether the impact statement or the public hearing addressed the

actual and significant impact on small business or if conditions

justifying the rule have changed. If the agency determines that the

petition merits the amendment, revision, or revocation of a rule, it

may initiate proceedings in accordance with the applicable

requirements of the Administrative Procedures Act.

Added by Laws 2002, c. 495, § 5, eff. July 1, 2002. Amended by Laws

2013, c. 227, § 53, eff. Nov. 1, 2013.