A. Article V of the Oklahoma Constitution vests in the Legislature the power to make laws, and thereby to establish agencies and to designate agency functions, budgets and purposes. Article VI of the Oklahoma Constitution charges the Executive Branch of Government with the responsibility to implement all measures enacted by the Legislature.

B. In creating agencies and designating their functions and purposes, the Legislature may delegate rulemaking authority to executive branch agencies to facilitate administration of legislative policy. The delegation of rulemaking authority is intended to eliminate the necessity of establishing every administrative aspect of general public policy by legislation. In so doing, however, the Legislature reserves to itself:

1. The right to retract any delegation of rulemaking authority unless otherwise precluded by the Oklahoma Constitution;

2. The right to establish any aspect of general policy by legislation, notwithstanding any delegation of rulemaking authority;

3. The right and responsibility to designate the method for rule promulgation, review, repeal and modification;

4. The right to approve or disapprove or repeal any adopted rule by joint resolution; and

5. The right to disapprove a proposed permanent, promulgated or emergency rule at any time if the Legislature determines such rule to be an imminent harm to the health, safety or welfare of the public or the state or if the Legislature determines that a rule is not consistent with legislative intent.

Historical Data

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Laws 1987, HB 1493, c. 207, � 3; Amended by Laws 1991, HB 1205, c. 326, � 1, emerg. eff. July 1, 1991; Amended by Laws 1992, HB 2369, c. 310, � 1, emerg. eff. July 1, 1992; Amended by Laws 2013, HB 2055, c. 357, � 1, eff. November 1, 2013 (superseded document available); Amended by Laws 2021, SB 913, c. 11, � 1, eff. September 1, 2021 (superseded document available).

Citationizer^� Summary of Documents Citing This Document

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Cite	Name	Ebene
Oklahoma Attorney General's Opinions
	Cite	Name	Ebene
	2001 OK AG 5,	Question Submitted by: The Honorable Charles Gray, Oklahoma State Representative, District 89	Discussed
	2003 OK AG 25,	Question Submitted by: The Honorable Ron Peters, State Representative, District 70	Cited
	2004 OK AG 1,	Question Submitted by: H. E. "Ed" Hendrix, Executive Director, State Board of Examiners for Nursing Home Administrators	Cited
	2008 OK AG 17,	Question Submitted by: The Honorable Mike Reynolds, State Representative, District 93	Cited
	2012 OK AG 5,	Question Submitted by: The Honorable Rick Brinkley, State Senator, District 34	Cited
	2023 OK AG 3,	Question Submitted by: The Honorable Mark McBride, Oklahoma House of Representatives, District 53	Cited
	1995 OK AG 62,	Question Submitted by: The Honorable Ed Crocker, Oklahoma House of Representatives, District 45	Cited
Oklahoma Supreme Court Cases
	Cite	Name	Ebene
	2001 OK 2, 37 P.3d 749, 72 OBJ 147,	WALKER v. GROUP HEALTH SERVICES, INC.	Discussed at Length
	1994 OK 38, 873 P.2d 1001, 65 OBJ 1340,	Southwestern Bell Telephone Co. v. Oklahoma Corp. Comm.	Cited
	1994 OK 142, 897 P.2d 1116, 65 OBJ 4181,	Southwestern Bell Telephone Co. v. Oklahoma Corp. Com'n	Cited
	2004 OK 17, 87 P.3d 607,	COX v. STATE ex rel. DEPT. OF HUMAN SERVICES	Discussed at Length
	2004 OK 94, 106 P.3d 589,	OKLA. STATE BD. OF EXAMINERS OF CERTIFIED SHORTHAND REPORTERS v. THOMPSON	Cited
	1996 OK 11, 911 P.2d 272, 67 OBJ 542,	Cox v. Dawson	Discussed
	2006 OK 42, 142 P.3d 390,	MCCLURE v. CONOCOPHILLIPS COMPANY	Discussed at Length
	2008 OK 21, 184 P.3d 518,	ESTES v. CONOCOPHILLIPS CO.	Discussed
	2009 OK 19, 210 P.3d 835,	MUSGROVE MILL, LLC v. CAPITOL-MEDICAL CENTER IMPROVEMENT & ZONING COMM.	Cited
	2009 OK 61, 222 P.3d 1058,	STATE ex rel. PROTECTIVE HEALTH SERVICES STATE DEPT. OF HEALTH v. VAUGHN	Discussed at Length
	2014 OK 34, 330 P.3d 488,	LOCKETT v. EVANS	Cited
	2016 OK 28, 376 P.3d 894,	MOORE v. WARR ACRES NURSING CENTER, LLC.	Discussed
	2016 OK 94, 381 P.3d 726,	TRUSTY v. STATE ex rel. DEPT. OF PUBLIC SAFETY	Discussed
	2020 OK 67, 473 P.3d 467,	COLE v. STATE ex rel. DEPT. OF PUBLIC SAFETY	Cited
Title 75. Statutes and Reports
	Cite	Name	Ebene
	75 O.S. 250.1,	Composition of Administrative Procedures Act	Cited

Citationizer: Table of Authority

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Cite	Name	Ebene
None Found.