Oklahoma Statutes Citationized
Title 75. Statutes and Reports
Chapter 8 - Administrative Procedures Act
Section 252 - Filing as Condition of Validity - Notification of Failure to Comply
Cite as: O.S. �, __ __
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.
Historical Data
Laws 1961, SB 266, p. 603, � 2; Amended by Laws 1987, HB 1493, c. 207, � 5; Amended by Laws 1988, HB 1669, c. 292, � 5, emerg. eff. July 1, 1988; Amended by Laws 1989, SB 264, c. 360, � 6, emerg. eff. June 3, 1989; Amended by Laws 1990, HB 2223, c. 300, � 7, emerg. eff. July 1, 1991.
Citationizer� Summary of Documents Citing This Document| Cite | Name | Ebene | |
|---|---|---|---|
| Oklahoma Court of Civil Appeals Cases | |||
| Cite | Name | Ebene | |
| 1993 OK CIV APP 8, 882 P.2d 574, 65 OBJ 3364, | Morgan v. State ex rel. Dept. of Public Safety | Discussed | |
| Oklahoma Supreme Court Cases | |||
| Cite | Name | Ebene | |
| 1990 OK 111, 800 P.2d 235, 61 OBJ 2893, | Lone Star Helicopters, Inc. v. State | Discussed | |
| 2001 OK 3, 22 P.3d 1204, 73 OBJ 156, | DAVIS v. GHS HEALTH MAINTENANCE ORGANIZATION, INC. | Cited | |
| 1994 OK 50, 874 P.2d 1278, 65 OBJ 1717, | Butler v. Oklahoma Horse Racing Commission | Cited | |
| 1973 OK 79, 512 P.2d 112, | DYER CONSTRUCTION COMPANY v. STOKELY | Cited | |
| 2003 OK 16, 70 P.3d 811, | JOHNSON v. HILLCREST HEALTH CENTER, INC. | Cited | |
| 1996 OK 11, 911 P.2d 272, 67 OBJ 542, | Cox v. Dawson | Cited | |
| 2014 OK 23, 326 P.3d 496, | IN RE: INITIATIVE PETITION NO. 397, STATE QUESTION NO. 767 | Cited | |
| 1984 OK 96, 711 P.2d 38, | Oklahoma Water Resources Bd. v. Texas County Irr. and Water Resources Ass'n, Inc. | Discussed at Length | |