Oklahoma § 59-1388 - Commission rulemaking powers

§ 59-1388. Commission rulemaking powers

A. The Commission shall exercise its rulemaking powers pursuant

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

thereunder. Rules and amendments shall become binding as of the

date specified in each rule or amendment.

B. If a majority of the legislatures of the compact states

rejects a rule, by enactment of a statute or resolution in the same

manner used to adopt the Compact, then such rule shall have no

further force and effect in any compact state.

C. Rules or amendments to the rules shall be adopted at a

regular or special meeting of the Commission.

D. Prior to promulgation and adoption of a final rule or rules

by the Commission, and at least sixty (60) days in advance of the

meeting at which the rule will be considered and voted upon, the

Commission shall file a notice of proposed rulemaking:

1. On the website of the Commission; and

2. On the website of the compact states' psychology regulatory

authority or the publication in which each state would otherwise

publish proposed rules.

E. The notice of proposed rulemaking shall include:

1. The proposed time, date and location of the meeting in which

the rule will be considered and voted upon;

2. The text of the proposed rule or amendment and the reason

for the proposed rule;

3. A request for comments on the proposed rule from any

interested person; and

4. The manner in which interested persons may submit notice to

the Commission of their intention to attend the public hearing and

any written comments.

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

allow persons to submit written data, facts, opinions and arguments,

which shall be made available to the public.

G. The Commission shall grant an opportunity for a public

hearing before it adopts a rule or amendment if a hearing is

requested by:

1. At least twenty-five persons who submit comments

independently of each other;

2. A government subdivision or agency; or

3. A duly appointed person in an association that has at least

twenty-five members.

H. If a hearing is held on the proposed rule or amendment, the

Commission shall publish the place, time and date of the scheduled

public hearing and:

Oklahoma Statutes - Title 59. Professions and Occupations

1. All persons wishing to be heard at the hearing shall notify

the Executive Director of the Commission or other designated member

in writing of their desire to appear and testify at the hearing not

less than five (5) business days before the scheduled date of the

hearing;

2. Hearings shall be conducted in a manner providing each

person who wishes to comment a fair and reasonable opportunity to

comment orally or in writing;

3. No transcript of the hearing is required, unless a written

request for a transcript is made, in which case the person

requesting the transcript shall bear the cost of producing the

transcript. A recording may be made in lieu of a transcript under

the same terms and conditions as a transcript. This subsection

shall not preclude the Commission from making a transcript or

recording of the hearing if it so chooses; and

4. 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.

I. Following the scheduled hearing date, or by the close of

business on the scheduled hearing date if the hearing was not held,

the Commission shall consider all written and oral comments

received.

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

final action on the proposed rule and shall determine the effective

date of the rule, if any, based on the rulemaking record and the

full text of the rule.

K. If no written notice of intent to attend the public hearing

by interested parties is received, the Commission may proceed with

promulgation of the proposed rule without a public hearing.

L. Upon determination that an emergency exists, the Commission

may consider and adopt an emergency rule without prior notice,

opportunity for comment, or hearing, 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, and 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 the public health, safety, or

welfare;

2. Prevent a loss of Commission or compact state funds;

3. Meet a deadline for the promulgation of an administrative

rule that is established by federal law or rule; or

4. Protect the public health and safety.

M. The Commission or an authorized committee of the Commission

may direct revisions to a previously adopted rule or amendment for

purposes of correcting typographical errors, errors in format,

errors in consistency, or grammatical errors. Public notice of any

Oklahoma Statutes - Title 59. Professions and Occupations

revisions shall be posted on the Internet 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 Chair of the Commission before the end of the

notice period. If no challenge is made, the revision will take

effect without further action. If the revision is challenged, the

revision may not take effect without the approval of the Commission.

Added by Laws 2019, c. 187, § 12, eff. Nov. 1, 2019.