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Title 510

SUBCHAPTER 7. RULEMAKING PROCEDURES

510:1-7-1. Opportunity for public input on proposed rules

For at least 20 days before it adopts, amends, or repeals any rule, the Board shall accept data, views, arguments or other comments, presented orally or in writing, on the proposed rule, amendment or repeal. The Board will conduct a public hearing on a proposed rule if requested, in writing, by at least twenty-five persons, a political subdivision, an association having at least twentyfive members or a constitutionally or statutorily created state board, bureau, commission, department, authority, public trust in which the state is a beneficiary or an interstate commission.

[Source: Amended at 13 Ok Reg 2219, eff 6-27-96]

510:1-7-2. Petition for rulemaking

Any interested person may petition the Board requesting the promulgation, amendment, or repeal of a rule. The petition shall be filed with the Board and shall set forth, clearly and concisely, all matters pertaining to the requested action and reasons for it. The request should also state whether there is someone known to the petitioner (by name and address) who is concerned with the subject and who should be notified of the request.

[Source: Revoked at 13 Ok Reg 2219, eff 6-27-96]

510:1-7-2.1. Board consideration

The Board may refer a petition for rule-making to an appropriate advisory committee or Board subcommittee for review prior to the Board's action. The Board, the advisory committee or the subcommittee may require the petitioner and other interested persons to present written and oral information on the request. The advisory committee or subcommittee review and recommendation shall not constitute Board action.

[Source: Amended at 13 Ok Reg 2219, eff 6-27-96]

510:1-7-3. Notice and hearing requirements

(a) In any rule-making action, whether initiated by the Board or by petition, the Board shall comply with the current notice requirements in the Administrative Procedures Act [75 O.S., Section 301 et seq.].

(b) Notice of the Board's consideration of proposed rulemaking action shall be mailed to all interested persons who have made a request of the Board for advance notice of the rulemaking proceedings, or who were specified in the petition and shall be published in the Oklahoma Register.

(c) Unless otherwise specified in the notice, all hearings will be conducted in the Office of the Board.

(d) Appearance may be made individually, or by an authorized agent.

[Source: Amended at 13 Ok Reg 2219, eff 6-27-96]

510:1-7-4. Emergency rules

Emergency rules may be adopted by the Board without the notice and hearing described in 510:1-7-3, if the Board follows the applicable provisions of the Administrative Procedures Act.

[Source: Amended at 13 Ok Reg 2219, eff 6-27-96]

Last Modified on Apr 03, 2024