Oklahoma § 75-308.3 - Joint resolution of the Legislature

Full text of Oklahoma Oklahoma Statutes § 75-308.3 — Joint resolution of the Legislature, with citation guidance and answers to common questions.

§ 75-308.3. Joint resolution of the Legislature

A. The Legislature shall have joint resolutions prepared for

consideration each session.

B. For the purpose of this section, a proposed permanent rule

may be disapproved, in whole or in part, in a joint resolution

considered by the Legislature.

C. If any rule received on or before the date established

pursuant to paragraph 1 of subsection A of Section 308 of this title

Oklahoma Statutes - Title 75. Statutes and Reports

is not subject to a joint resolution passed by both houses of the

Legislature and signed by the Governor or is found by the Governor

to have a technical legal defect preventing approval of

administrative rules intended to be approved by the Legislature, the

Governor may declare any rules received on or before February 1 and

not subject to a joint resolution passed by both houses of the

Legislature to be approved or disapproved and finally adopted by

publishing a single declaration in "The Oklahoma Register" on or

before July 17. If the Governor finds that the joint resolution has

a technical legal defect, the Governor shall make the finding in

writing and submit the finding to the Legislature.

Added by Laws 2013, c. 357, § 6, eff. Nov. 1, 2013. Amended by Laws

2021, c. 11, § 14, eff. Sept. 1, 2021; Laws 2023, c. 38, § 6, emerg.

eff. April 20, 2023; Laws 2025, c. 126, § 1, eff. Nov. 1, 2025.

NOTE: Laws 2023, c. 38, § 6 was purportedly repealed by Laws 2025,

c. 420, § 3 but without reference to Laws 2025, c. 126, § 1, which

amended it.

§75-308a. Jurisdiction.

The provisions of Article II of the Administrative Procedures

Act govern the hearing procedures of agencies, and does not grant

jurisdiction, not otherwise provided by law. The Legislature

recognizes that agencies take actions and make decisions, other than

by individual proceedings for which the right to judicial review is

intended to be exercised pursuant to other laws.

Added by Laws 1992, c. 310, § 7, eff. July 1, 1992.

§75-308v1. Review of proposed rules by Legislature - Approval or

disapproval.

A. Upon receipt of any proposed permanent rules, the Speaker of

the House of Representatives and the President Pro Tempore of the

Senate shall assign such rules to the appropriate committees of each

house of the Legislature for review. Except as otherwise provided

by this section:

1. If such rules are received on or before February 1, the

Legislature shall have until the last day of the regular legislative

session of that year to review such rules; and

2. If such rules are received after the date established

pursuant to paragraph 1 of this subsection, the Legislature shall

have until the last day of the regular legislative session of the

next year to act on such rules.

B. By the adoption of joint resolutions during the review

period specified in subsection A of this section, the Legislature

may disapprove or approve any rule and disapprove all or part of a

rule or rules.

C. Unless otherwise authorized by the Legislature, whenever a

rule is disapproved as provided in subsection B of this section, the

Oklahoma Statutes - Title 75. Statutes and Reports

agency adopting such rules shall not have authority to resubmit an

identical rule, except during the first sixty (60) calendar days of

the next regular legislative session. Any effective emergency rule

which would have been superseded by a disapproved permanent rule

shall be deemed null and void on the date the Legislature

disapproves the permanent rule. Rules may be disapproved in part or

in whole by the Legislature. Upon enactment of any joint resolution

disapproving a rule, the agency shall file notice of such

legislative disapproval with the Secretary of State for publication

in “The Oklahoma Register”.

D. Unless otherwise provided by specific vote of the

Legislature, joint resolutions introduced for purposes of

disapproving or approving a rule or the omnibus joint resolution

shall not be subject to regular legislative cutoff dates, shall be

limited to such provisions as may be necessary for disapproval or

approval of a rule, and any such other direction or mandate

regarding the rule deemed necessary by the Legislature. The

resolution shall contain no other provisions.

E. A proposed permanent rule shall be deemed finally adopted

if:

1. Approved by the Legislature pursuant to Section 308.3 of

this title, provided that any such joint resolution becomes law in

accordance with Section 11 of Article VI of the Oklahoma

Constitution;

2. Approved by a joint resolution pursuant to subsection B of

this section, provided that any such resolution becomes law in

accordance with Section 11 of Article VI of the Oklahoma

Constitution; or

3. Disapproved by a joint resolution pursuant to subsection B

of this section or Section 308.3 of this title which has been vetoed

by the Governor in accordance with Section 11 of Article VI of the

Oklahoma Constitution and the veto has not been overridden.

Provided, major rules shall be addressed in one or more joint

resolutions only addressing major rules, regardless of if the joint

resolution is to approve or disapprove such rules.

F. Prior to final adoption of a rule, an agency may withdraw a

rule from legislative review. Notice of such withdrawal shall be

given to the Governor, the Speaker of the House of Representatives,

the President Pro Tempore of the Senate, and to the Secretary of

State for publication in “The Oklahoma Register”.

G. An agency may promulgate an emergency rule only pursuant to

Section 253 of this title.

H. Any rights, privileges, or interests gained by any person by

operation of an emergency rule shall not be affected by reason of

any subsequent disapproval or rejection of such rule by either house

of the Legislature.

Oklahoma Statutes - Title 75. Statutes and Reports

Added by Laws 1963, c. 371, § 8. Amended by Laws 1975, c. 289, § 1,

emerg. eff. June 5, 1975; Laws 1978, c. 253, § 1, emerg. eff. May 1,

1978; Laws 1981, c. 48, § 1; Laws 1982, c. 18, § 1, emerg. eff.

March 23, 1982; Laws 1987, c. 207, § 21; Laws 1988, c. 292, § 19,

emerg. eff. July 1, 1988; Laws 1989, c. 360, § 10, emerg. eff. June

3, 1989; Laws 1990, c. 300, § 20, eff. July 1, 1991; Laws 1991, c.

326, § 10, eff. July 1, 1991; Laws 1992, c. 310, § 6, eff. July 1,

1992; Laws 1994, c. 384, § 9, eff. July 1, 1994; Laws 1995, c. 1, §

39, emerg. eff. March 2, 1995; Laws 1997, c. 206, § 20, eff. Nov. 1,

1997; Laws 1998, c. 239, § 14, eff. Nov. 1, 1998; Laws 2011, c. 59,

§ 2, eff. Nov. 1, 2011; Laws 2013, c. 357, § 4, eff. Nov. 1, 2013;

Laws 2021, c. 11, § 13, eff. Sept. 1, 2021; Laws 2023, c. 38, § 5,

emerg. eff. April 20, 2023; Laws 2025, c. 258, § 8, eff. July 1,

2025.

NOTE: Laws 1994, c. 182, § 4 repealed by Laws 1995, c. 1, § 40,

emerg. eff. March 2, 1995.

§75-308v2. Review of proposed rules by Legislature - Approval or

disapproval.

A. Upon receipt of any proposed permanent rules, the Speaker of

the House of Representatives and the President Pro Tempore of the

Senate shall assign such rules to the appropriate committees of each

house of the Legislature for review. Except as otherwise provided

by this section:

1. If such rules are received on or before April 1, the

Legislature shall have until the last day of the regular legislative

session of that year to review such rules. Provided, proposed

permanent rules for consideration by the 2nd Session of the 59th

Legislature shall be submitted on or before March 1. For each

legislative session thereafter, proposed permanent rules shall be

submitted on or before February 1 of the given year; and

2. If such rules are received after the date established

pursuant to paragraph 1 of this subsection, the Legislature shall

have until the last day of the regular legislative session of the

next year to act on such rules.

B. By the adoption of joint resolutions during the review

period specified in subsection A of this section, the Legislature

may disapprove or approve any rule and disapprove all or part of a

rule or rules. Any rules not acted upon by the adoption of a joint

resolution shall be deemed disapproved.

C. Unless otherwise authorized by the Legislature, whenever a

rule is disapproved as provided in subsection B of this section, the

agency adopting such rules shall not have authority to resubmit an

identical rule, except during the first sixty (60) calendar days of

the next regular legislative session. Any effective emergency rule

which would have been superseded by a disapproved permanent rule

shall be deemed null and void on the date the Legislature

Oklahoma Statutes - Title 75. Statutes and Reports

disapproves the permanent rule. Rules may be disapproved in part or

in whole by the Legislature. Upon enactment of any joint resolution

disapproving a rule, the agency shall file notice of such

legislative disapproval with the Secretary for publication in “The

Oklahoma Register”.

D. Unless otherwise provided by specific vote of the

Legislature, joint resolutions introduced for purposes of

disapproving or approving a rule shall not be subject to regular

legislative cutoff dates, shall be limited to such provisions as may

be necessary for disapproval or approval of a rule, and any such

other direction or mandate regarding the rule deemed necessary by

the Legislature. The resolution shall contain no other provisions.

E. A proposed permanent rule shall only be deemed finally

adopted if:

1. Approved by a joint resolution pursuant to subsection B of

this section, provided that any such resolution becomes law in

accordance with Section 11 of Article VI of the Oklahoma

Constitution; or

2. Disapproved by a joint resolution pursuant to subsection B

of this section which has been vetoed by the Governor in accordance

with Section 11 of Article VI of the Oklahoma Constitution and the

veto has not been overridden.

F. Prior to final adoption of a rule, an agency may withdraw a

rule from legislative review. Notice of such withdrawal shall be

given to the Governor, the Speaker of the House of Representatives,

the President Pro Tempore of the Senate, and to the Secretary for

publication in “The Oklahoma Register”.

G. An agency may promulgate an emergency rule only pursuant to

Section 253 of this title.

H. Any rights, privileges, or interests gained by any person by

operation of an emergency rule, shall not be affected by reason of