Oklahoma § 59-545.12 - Construction — Severability — Material departure

§ 59-545.12. Construction — Severability — Material departure

A. The Compact and the Commission's rulemaking authority shall

be liberally construed so as to effectuate the purposes and the

implementation and administration of the Compact. Provisions of the

Compact expressly authorizing or requiring the promulgation of rules

shall not be construed to limit the Commission's rulemaking

authority solely for those purposes.

B. The provisions of the Compact shall be severable, and if any

phrase, clause, sentence, or provision of the Compact is held by a

court of competent jurisdiction to be contrary to the constitution

of any participating state, a state seeking participation in the

Compact, or of the United States, or the applicability thereof to

any government, agency, person, or circumstance is held to be

unconstitutional by a court of competent jurisdiction, the validity

of the remainder of the Compact and the applicability thereof to any

other government, agency, person, or circumstance shall not be

affected thereby.

C. Notwithstanding subsection B of this section, the Commission

may deny a state's participation in the Compact or, in accordance

with the requirements of subsection B of Section 10 of this Compact,

terminate a participating state's participation in the Compact, if

it determines that a constitutional requirement of a participating

state is, or would be with respect to a state seeking to participate

in the Compact, a material departure from the Compact. Otherwise,

if the Compact shall be held to be contrary to the constitution of

Oklahoma Statutes - Title 59. Professions and Occupations

any participating state, the Compact shall remain in full force and

effect as to the remaining participating states and in full force

and effect as to the participating state affected as to all

severable matters.

Added by Laws 2024, c. 22, § 12, eff. Nov. 1, 2024.