Oklahoma § 75-252 - Filing as condition of validity - Notification of failure

§ 75-252. Filing as condition of validity - Notification of failure

to comply.

A. Any rule, amendment, revision, or revocation of an existing

rule made by an agency on or after October 16, 1987, may be held

void and of no effect pursuant to Sections 306 and 307 of this

title. All provisions herein shall also apply to all agencies that

may hereafter be created. All courts, boards, commissions,

agencies, authorities, instrumentalities, and officers of the State

of Oklahoma shall take judicial or official notice of any rule,

amendment, revision, or revocation of an existing rule promulgated

pursuant to the provisions of the Administrative Procedures Act.

B. Upon failure of an agency to comply with the provisions of

Sections 251 through 256 of this title except when not applicable,

the Secretary shall forward a written notice of the failure to

comply to the chief administrative officer of the agency. The

notice shall state a reasonable time, not to exceed thirty (30)

calendar days, in which the agency shall fully comply. Further

failure to comply shall be reported in writing to the Speaker of the

House of Representatives, the President Pro Tempore of the Senate,

the Governor, and the Attorney General. Upon such notification, the

Attorney General shall immediately seek agency compliance and if

required, to institute mandamus proceedings to secure compliance by

said agency.

Laws 1961, p. 603, § 2; Laws 1987, c. 207, § 5; Laws 1988, c. 292, §

5, emerg. eff. July 1, 1988; Laws 1989, c. 360, § 6, emerg. eff.

June 3, 1989; Laws 1990, c. 300, § 7, eff. July 1, 1991.