Oklahoma § 75-302 - Promulgation of certain rules - Public inspection of

§ 75-302. Promulgation of certain rules - Public inspection of

rules, orders, decisions and opinions - Rulemaking record Prohibited actions - Violations.

A. In addition to other rulemaking requirements imposed by law,

each agency which has rulemaking authority, shall:

1. Promulgate as a rule a description of the organization of

the agency, stating the general course and method of the operations

of the agency and the methods whereby the public may obtain

information or make submissions or requests;

2. Promulgate rules of practice setting forth the nature and

requirements of all formal and informal procedures available,

including a description of all forms and instructions issued by the

agency for use by the public;

3. Make available for public inspection all rules and all other

written statements of policy or interpretations formulated, adopted,

promulgated or used by the agency in the discharge of its functions;

4. Make available for public inspection pursuant to the

provisions of the Open Records Act all final orders, decisions and

opinions.

B. 1. An agency shall maintain an official rulemaking record

for each proposed rule or promulgated rule. The record and

materials incorporated by reference shall be available for public

inspection.

2. The agency rulemaking record shall contain:

a.

copies of all publications in "The Oklahoma Register"

with respect to the rule or the proceeding upon which

the rule is based,

b.

copies of any portions of the agency's public

rulemaking docket containing entries relating to the

rule or the proceeding upon which the rule is based,

c.

all written petitions, requests, submissions, and

comments received by the agency and all other written

materials considered by the agency in connection with

the formulation, proposal, or adoption of the rule or

the proceeding upon which the rule is based,

d.

any official transcript of oral presentations made in

the proceeding upon which the rule is based or, if not

transcribed, any tape recording or stenographic record

of those presentations, and any memorandum prepared by

a presiding official summarizing the contents of those

presentations,

e.

a copy of any regulatory analysis prepared for the

proceeding upon which the rule is based,

Oklahoma Statutes - Title 75. Statutes and Reports

f.

a copy of the rule and analysis of each such rule

filed with the Office pursuant to Section 251 of this

title,

g.

all petitions for exceptions to, amendments of, or

repeal or suspension of, the rule,

h.

a copy of the rule impact statement, if made, and

i.

such other information concerning such rules as may be

determined necessary by the agency.

3. Upon judicial review, the record required by this section

constitutes the official agency rulemaking record with respect to a

rule. Except as otherwise required by a provision of law, the

agency rulemaking record need not constitute the exclusive basis for

agency action on that rule or for judicial review thereof.

C. 1. By December 31, 2002, each agency that issues precedentsetting orders shall maintain and index all such orders that the

agency intends to rely upon as precedent. The index and the orders

shall be available for public inspection and copying in the main

office and each regional or district office of the agency. The

orders shall be indexed by subject.

2. After December 31, 2002, an order shall not be relied upon

as precedent by an agency to the detriment of any person until it

has been made available for public inspection and indexed in the

manner described in this subsection.

3. An agency shall consistently apply rules to each person

subject to the jurisdiction of the agency regarding issuance of

orders.

D. An agency shall not by internal policy, memorandum, or other

form of action not otherwise authorized by the Administrative

Procedures Act:

1. Amend, interpret, implement, or repeal a statute or a rule;

2. Expand upon or limit a statute or a rule; and

3. Except as authorized by the Constitution of the United

States, the Oklahoma Constitution or a statute, expand or limit a

right guaranteed by the Constitution of the United States, the

Oklahoma Constitution, a statute, or a rule.

E. Any agency memorandum, internal policy, or other form of

action violative of this section or the spirit thereof is null,

void, and unenforceable.

F. This section shall not be construed to prohibit an agency

issuing an opinion or administrative decision which is authorized by

statute provided that, unless such opinion or administrative

decision is issued pursuant to the procedures required pursuant to

the Administrative Procedures Act, such decision or opinion shall

not have the force and effect of law.

Added by Laws 1963, c. 371, § 2. Amended by Laws 1987, c. 207, §

13; Laws 1988, c. 292, § 14, emerg. eff. July 1, 1988; Laws 1990, c.

Oklahoma Statutes - Title 75. Statutes and Reports

300, § 16, eff. July 1, 1991; Laws 1997, c. 206, § 16, eff. Nov. 1,

1997; Laws 1998, c. 239, § 9, eff. Nov. 1, 1998.