Oklahoma § 59-1292 - Promulgation of rules

§ 59-1292. Promulgation of rules

A. The Commission shall promulgate reasonable Rules in order to

effectively and efficiently implement and administer the purposes

and provisions of the Compact. A Rule shall be invalid and have no

force or effect only if a court of competent jurisdiction holds that

the Rule is invalid because the Commission exercised its rulemaking

authority in a manner that is beyond the scope and purposes of the

Compact, or the powers granted hereunder, or based upon another

applicable standard of review.

Oklahoma Statutes - Title 59. Professions and Occupations

B. The Rules of the Commission shall have the force of law in

each Member State, provided, however, that where the Rules of the

Commission conflict with the laws of the Member State that establish

the Member State’s laws, regulations, and applicable standards that

govern the practice of Social Work as held by a court of competent

jurisdiction, the Rules of the Commission shall be ineffective in

that State to the extent of the conflict.

C. The Commission shall exercise its Rulemaking powers pursuant

to the criteria set forth in this section and the Rules adopted

thereunder. Rules shall become binding on the day following

adoption or the date specified in the rule or amendment, whichever

is later.

D. If a majority of the legislatures of the Member States

rejects a Rule or portion of a Rule, by enactment of a statute or

resolution in the same manner used to adopt the Compact within four

(4) years of the date of adoption of the Rule, then such Rule shall

have no further force and effect in any Member State.

E. Rules shall be adopted at a regular or special meeting of

the Commission.

F. Prior to adoption of a proposed Rule, the Commission shall

hold a public hearing and allow persons to provide oral and written

comments, data, facts, opinions, and arguments.

G. Prior to adoption of a proposed Rule by the Commission, and

at least thirty (30) days in advance of the meeting at which the

Commission will hold a public hearing on the proposed Rule, the

Commission shall provide a Notice of Proposed Rulemaking:

1. On the website of the Commission or other publicly

accessible platform;

2. To persons who have requested notice of the Commission’s

notices of proposed rulemaking; and

3. In such other way(s) as the Commission may by Rule specify.

H. The Notice of Proposed Rulemaking shall include:

1. The time, date, and location of the public hearing at which

the Commission will hear public comments on the proposed Rule and,

if different, the time, date, and location of the meeting where the

Commission will consider and vote on the proposed Rule;

2. If the hearing is held via telecommunication,

videoconference, or other electronic means, the Commission shall

include the mechanism for access to the hearing in the Notice of

Proposed Rulemaking;

3. The text of the proposed Rule and the reason therefor;

4. A request for comments on the proposed Rule from any

interested person; and

5. The manner in which interested persons may submit written

comments.

Oklahoma Statutes - Title 59. Professions and Occupations

I. All hearings will be recorded. A copy of the recording and

all written comments and documents received by the Commission in

response to the proposed Rule shall be available to the public.

J. Nothing in this section shall be construed as requiring a

separate hearing on each Rule. Rules may be grouped for the

convenience of the Commission at hearings required by this section.

K. The Commission shall, by majority vote of all members, take

final action on the proposed Rule based on the Rulemaking record and

the full text of the Rule.

1. The Commission may adopt changes to the proposed Rule

provided the changes do not enlarge the original purpose of the

proposed Rule.

2. The Commission shall provide an explanation of the reasons

for substantive changes made to the proposed Rule as well as reasons

for substantive changes not made that were recommended by

commenters.

3. The Commission shall determine a reasonable effective date

for the Rule. Except for an emergency as provided in subsection L

of this section, the effective date of the Rule shall be no sooner

than thirty (30) days after issuing the notice that it adopted or

amended the Rule.

L. Upon determination that an emergency exists, the Commission

may consider and adopt an emergency Rule with forty-eight (48)

hours’ notice, with opportunity to comment, provided that the usual

Rulemaking procedures provided in the Compact and in this section

shall be retroactively applied to the Rule as soon as reasonably

possible, in no event later than ninety (90) days after the

effective date of the Rule. For the purposes of this provision, an

emergency Rule is one that must be adopted immediately in order to:

1. Meet an imminent threat to public health, safety, or

welfare;

2. Prevent a loss of Commission or Member State funds;

3. Meet a deadline for the promulgation of a Rule that is

established by federal law or rule; or

4. Protect public health and safety.

M. The Commission or an authorized committee of the Commission

may direct revisions to a previously adopted Rule for purposes of

correcting typographical errors, errors in format, errors in

consistency, or grammatical errors. Public notice of any revisions

shall be posted on the website of the Commission. The revision

shall be subject to challenge by any person for a period of thirty

(30) days after posting. The revision may be challenged only on

grounds that the revision results in a material change to a Rule. A

challenge shall be made in writing and delivered to the Commission

prior to the end of the notice period. If no challenge is made, the

revision will take effect without further action. If the revision

Oklahoma Statutes - Title 59. Professions and Occupations

is challenged, the revision may not take effect without the approval

of the Commission.

N. No Member State’s rulemaking requirements shall apply under

this Compact.

Added by Laws 2025, c. 121, § 12, eff. Nov. 1, 2025.