Oklahoma § 59-545.9 - Commission rulemaking

§ 59-545.9. Commission rulemaking

A. The Commission shall exercise its rulemaking powers pursuant

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

thereunder. Commission rules shall become binding as of the date

specified by the Commission for each rule.

B. The Commission shall promulgate reasonable rules in order to

effectively and efficiently implement and administer the Compact and

achieve its purposes. A Commission 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

Oklahoma Statutes - Title 59. Professions and Occupations

rulemaking authority in a manner that is beyond the scope of the

purposes of the Compact, or the powers granted hereunder, or based

upon another applicable standard of review.

C. The rules of the Commission shall have the force of law in

each participating state; provided, however, that where the rules of

the Commission conflict with the laws of the participating state

that establish the medical services a PA may perform in the

participating state, 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.

D. If a majority of the legislatures of the participating

states rejects a Commission 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 participating state or to

any state applying to participate in the Compact.

E. Commission rules shall be adopted at a regular or special

meeting of the Commission.

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

by the Commission, and at least thirty (30) 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 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.

G. The notice of proposed rulemaking shall include:

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

proposed rule and the proposed time, date, and location of the

meeting in which the proposed rule will be considered and voted

upon;

2. The text of the proposed rule and the reason for the

proposed rule;

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

interested person and the date by which written comments must be

received; and

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

the Commission of their intention to attend the public hearing or

provide any written comments.

H. 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.

I. If the hearing is to be held via electronic means, the

Commission shall publish the mechanism for access to the electronic

hearing.

Oklahoma Statutes - Title 59. Professions and Occupations

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

directed in the notice of proposed rulemaking, not less than five

(5) business days before the scheduled date of the hearing, notify

the Commission of their desire to appear and testify at 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. All hearings shall be recorded. A copy of the recording and

the written comments, data, facts, opinions, and arguments received

in response to the proposed rulemaking shall be made available to a

person upon request.

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

separate hearing on each proposed rule. Proposed rules may be

grouped for the convenience of the Commission at hearings required

by this section.

J. Following the public hearing, the Commission shall consider

all written and oral comments timely received.

K. The Commission shall, by majority vote of all delegates,

take final action on the proposed rule and shall determine the

effective date of the rule, if adopted, based on the rulemaking

record and the full text of the rule.

1. If adopted, the rule shall be posted on the Commission's

website.

2. The Commission may adopt changes to the proposed rule

provided the changes do not enlarge the original purpose of the

proposed rule.

3. The Commission shall provide on its website 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.

4. 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 the Commission issued the notice that it

adopted the rule.

L. Upon determination that an emergency exists, the Commission

may consider and adopt an emergency rule with twenty-four (24) hours

prior notice, without the 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, in no event later than ninety

(90) days after the effective date of the rule. For the purposes of

this subsection, an emergency rule is one that must be adopted

immediately by the Commission in order to:

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

welfare;

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

Oklahoma Statutes - Title 59. Professions and Occupations

3. Meet a deadline for the promulgation of a Commission 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 Commission 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 as set forth in the notice of revisions

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 is challenged, the revision

may not take effect without the approval of the Commission.

N. No participating state's rulemaking requirements shall apply

under the Compact.

Added by Laws 2024, c. 22, § 9, eff. Nov. 1, 2024.