As used in the Administrative Procedures Act:

1. �Administrative head� means an official or agency body responsible pursuant to law for issuing final agency orders;

2. �Adopted� means a proposed emergency rule which has been approved by the agency but has not been approved or disapproved by the Governor as an emergency rule as provided by Section 253 of this title, or a proposed permanent rule which has been approved by the agency and not disapproved by the Governor pursuant to paragraph 6 of subsection A of Section 303 of this title, but has not been finally approved or disapproved by the Legislature or the Governor;

3. �Agency� includes but is not limited to any constitutionally or statutorily created state board, bureau, commission, office, authority, public trust in which the state is a beneficiary, or interstate commission, except:

a. the Legislature or any branch, committee or officer thereof, and

b. the courts;

4. �Emergency rule� means a rule that is made pursuant to Section 253 of this title;

5. �Final rule� or �finally adopted rule� means a rule other than an emergency rule, which has not been published pursuant to Section 255 of this title but is otherwise in compliance with the requirements of the Administrative Procedures Act, and is:

a. 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,

b. approved by the Governor pursuant to subsection C of Section 308.3 of this title,

c. approved by a joint resolution pursuant to subsection B of Section 308 of this title, provided that any such resolution becomes law in accordance with Section 11 of Article VI of the Oklahoma Constitution, or

d. disapproved by a joint resolution pursuant to subsection B of Section 308 of this title 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;

6. �Final agency order� means an order that includes findings of fact and conclusions of law pursuant to Section 312 of this title, is dispositive of an individual proceeding unless there is a request for rehearing, reopening, or reconsideration pursuant to Section 317 of this title and which is subject to judicial review;

7. �Hearing examiner� means a person meeting the qualifications specified by Article II of the Administrative Procedures Act and who has been duly appointed by an agency to hold hearings and, as required, render orders or proposed orders;

8. �Individual proceeding� means the formal process employed by an agency having jurisdiction by law to resolve issues of law or fact between parties and which results in the exercise of discretion of a judicial nature;

9. �License� includes the whole or part of any agency permit, certificate, approval, registration, charter, or similar form of permission required by law;

10. �Office� means the Office of the Secretary of State;

11. �Order� means all or part of a formal or official decision made by an agency including but not limited to final agency orders;

12. �Party� means a person or agency named and participating, or properly seeking and entitled by law to participate, in an individual proceeding;

13. �Permanent rule� means a rule that is made pursuant to Section 303 of this title;

14. �Person� means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency;

15. �Political subdivision� means a county, city, incorporated town or school district within this state;

16. �Promulgated� means a finally adopted rule which has been filed and published in accordance with the provisions of the Administrative Procedures Act, or an emergency rule or preemptive rule which has been approved by the Governor;

17. �Rule� means any agency statement or group of related statements of general applicability and future effect that implements, interprets or prescribes law or policy, or describes the procedure or practice requirements of the agency. The term rule includes the amendment or revocation of an effective rule but does not include:

a. the issuance, renewal, denial, suspension or revocation or other sanction of an individual specific license,

b. the approval, disapproval or prescription of rates. For purposes of this subparagraph, the term �rates� shall not include fees or charges fixed by an agency for services provided by that agency including but not limited to fees charged for licensing, permitting, inspections or publications,

c. statements and memoranda concerning only the internal management of an agency and not affecting private rights or procedures available to the public,

d. declaratory rulings issued pursuant to Section 307 of this title,

e. orders by an agency, or

f. press releases or �agency news releases�, provided such releases are not for the purpose of interpreting, implementing or prescribing law or agency policy;

18. �Rulemaking� means the process employed by an agency for the formulation of a rule;

19. �Secretary� means the Secretary of State;

20. �Small business� means a for-profit enterprise consisting of fifty or fewer full-time or part-time employees; and

21. �Technical legal defect� means an error that would otherwise invalidate an action by a court of law.

Historical Data

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Laws 1983, SB 282, c. 327, � 2; Amended by Laws 1985, SB 260, c. 196, � 11, emerg. eff. July 1, 1985; Amended by Laws 1987, HB 1493, c. 207, � 11; Renumbered from 75 O.S. � 301 by Laws 1987, HB 1493, c. 207, � 27; Amended by Laws 1988, HB 1669, c. 292, � 1, emerg. eff. July 1, 1988; Amended by Laws 1989, SB 264, c. 360, � 3, emerg. eff. June 3, 1989; Amended by Laws 1990, HB 2223, c. 300, � 1, emerg. eff. July 1, 1991; Amended by Laws 1992, HB 2369, c. 310, � 2, emerg. eff. July 1, 1992; Amended by Laws 1994, HB 2446, c. 182, � 1, emerg. eff. July 1, 1994; Amended by Laws 1997, HB 2111, c. 206, � 4, eff. November 1, 1997 (superseded document available); Amended by Laws 1998, HB 3189, c. 239, � 13, eff. November 1, 1998 (superseded document available); Amended by Laws 2010, HB 2852, c. 174, � 1, eff. November 1, 2010 (superseded document available); Amended by Laws 2013, HB 2055, c. 357, � 2, eff. November 1, 2013 (superseded document available); Amended by Laws 2021, SB 913, c. 11, � 2, eff. September 1, 2021 (superseded document available); Amended by Laws 2023, SB 515, c. 38, � 1, emerg. eff. April 20, 2023 (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
	2002 OK AG 22,	Question Submitted by: Gary R. Clark, Executive Director , Board of Osteopathic Examiners	Cited
	2002 OK AG 29,	Question Submitted by: The Honorable Kenneth Corn, State Representative, District 3	Cited
	2002 OK AG 35,	Question Submitted by: The Honorable Jim Dunlap, State Senator, District 29	Cited
	2004 OK AG 2,	Question Submitted by: The Honorable Jeff Rabon, State Senator, District 5	Discussed at Length
	2004 OK AG 35,	Question Submitted by: The Honorable Ron Peters, State Representative, District 70	Cited
	2005 OK AG 12,	Question Submitted by: The Honorable Earl Garrison, State Senator, District 9	Cited
	2005 OK AG 29,	Question Submitted by: The Honorable Shane D. Jett, State Representative, District 27	Cited
	2006 OK AG 5,	Question Submitted by: The Honorable Mike Morgan, President Pro Tempore, District 21	Cited
	2009 OK AG 2,	Question Submitted by: The Honorable Debbe Leftwich, State Senator, District 44	Discussed
	2012 OK AG 5,	Question Submitted by: The Honorable Rick Brinkley, State Senator, District 34	Discussed
	2023 OK AG 1,	Question Submitted by: The Honorable Glen Mulready, Insurance Commissioner, Oklahoma Insurance Dept.	Cited
	2023 OK AG 3,	Question Submitted by: The Honorable Mark McBride, Oklahoma House of Representatives, District 53	Cited
	2024 OK AG 11,	Question Submitted by: The Honorable Ryan Walters, State Superintendent of Public Instruction	Cited
	1988 OK AG 52,	Question Submitted by: The Honorable Ellis Edwards, Oklahoma State Treasurer	Cited
	1990 OK AG 2,	Question Submitted by: The Honorable Larry R. Edmison, Director, Department of Pollution Control	Cited
	1995 OK AG 62,	Question Submitted by: The Honorable Ed Crocker, Oklahoma House of Representatives, District 45	Discussed
	1995 OK AG 67,	Question Submitted by: Brad Holt, Executive Director, Medical Technology and Research Authority of Oklahoma	Discussed
	1997 OK AG 44,	Question Submitted by: The Honorable Charles Gray , State Representative, District 89	Discussed
	1997 OK AG 76,	Question Submitted by: The Honorable Ed Apple, Chairman, Oklahoma Corporation Commission	Cited
	1999 OK AG 51,	Question Submitted by: The Honorable Dan Webb , State Representative, District 91	Discussed
	1999 OK AG 55,	Question Submitted by: The Honorable Mike Ervin , State Representative, District 28	Discussed
	1999 OK AG 56,	Question Submitted by: The Honorable Frank Shurden , State Senator, District 8	Cited
	2000 OK AG 27,	Question Submitted by: The Honorable Al Lindley, State Representative, District 93	Cited
Oklahoma Court of Civil Appeals Cases
	Cite	Name	Ebene
	1988 OK CIV APP 3, 765 P.2d 1235, 59 OBJ 3545,	Chehak v. Oklahoma State Bd. of Medical Examiners	Cited
	1991 OK CIV APP 19, 812 P.2d 1372, 62 OBJ 2458,	Browning v. State ex rel. Dept. of Public Safety	Cited
	2005 OK CIV APP 81, 122 P.3d 56,	CHEROKEE DATA COMPUTER PARTS AND SERVICE, INC. v. OKLA. DEPT. OF LABOR	Discussed
	2007 OK CIV APP 24, 158 P.3d 484,	STATE ex rel. PROTECTIVE HEALTH SERVICES v. BILLINGS FAIRCHILD CENTER, INC.	Discussed
	2007 OK CIV APP 92, 169 P.3d 417,	WESTERN HEIGHTS INDEP. SCHOOL DIST. NO. I-41 v. STATE ex rel. OKLAHOMA STATE DEPT. OF EDUCATION	Cited
	2008 OK CIV APP 30, 180 P.3d 1,	OKLAHOMA FOUNDATION FOR MEDICAL QUALITY v. DEPARTMENT OF CENTRAL SERVICES	Discussed
	2010 OK CIV APP 68, 239 P.3d 195,	FRENCH v. STATE ex rel. OKLAHOMA DEPT. OF CORRECTIONS	Discussed
	2011 OK CIV APP 123, 268 P.3d 556,	FUNDERBURK v. OKLAHOMA STATE AND EDUCATION EMPLOYEES GROUP INSUR. BD.	Cited
	2018 OK CIV APP 30, 416 P.3d 1082,	OSU-AJ HOMESTEAD MEDICAL CLINIC v. THE OKLAHOMA HEALTH AUTHORITY	Discussed at Length
	2019 OK CIV APP 17, 437 P.3d 1074,	CITIZENS FOR THE PROTECTION OF THE ARBUCKLE-SIMPSON AQUIFER v. OKLA. DEPT. OF MINES	Discussed
	2021 OK CIV APP 40, 502 P.3d 188,	BD. OF COUNTY COMMISSIONERS v. STATE ex. rel. OFFICE OF JUVENILE AFFAIRS	Discussed at Length
Oklahoma Supreme Court Cases
	Cite	Name	Ebene
	1988 OK 99, 769 P.2d 1302, 59 OBJ 2452,	Allen v. State ex rel. Bd. of Trustees of Oklahoma Uniform Retirement System for Justices and Judges	Cited
	1990 OK 69, 796 P.2d 321, 61 OBJ 1914,	Stewart v. Rood	Discussed
	1991 OK 122, 825 P.2d 1285, 62 OBJ 3658,	Board of Law Library Trustees of Oklahoma County v. State ex rel. Petuskey	Cited
	1993 OK 133, 863 P.2d 1189,	State ex rel. Oklahoma Bar Ass'n v. Gasaway	Cited
	1994 OK 38, 873 P.2d 1001, 65 OBJ 1340,	Southwestern Bell Telephone Co. v. Oklahoma Corp. Comm.	Discussed at Length
	2002 OK 20, 46 P.3d 114, 73 OBJ 907,	STATE EX. REL. OKLAHOMA BD. OF MEDICAL LICENSURE & SUPERVISION v. PINAROC	Discussed at Length
	2002 OK 42, 54 P.3d 1010,	UNITED STATES FIDELITY & GUARANTY CO. v. STATE EX. REL. OKLAHOMA TAX COMMISSION	Cited
	2003 OK 18, 65 P.3d 612,	INDEP. SCH. DIST. NO. I-20 OF MUSKOGEE COUNTY v. OKLA. STATE DEPT. OF EDUCATION	Cited
	2004 OK 94, 106 P.3d 589,	OKLA. STATE BD. OF EXAMINERS OF CERTIFIED SHORTHAND REPORTERS v. THOMPSON	Cited
	2005 OK 29, 116 P.3d 185,	IN RE: APPLICATION TO AMEND ARTICLE II SECTION 5	Cited
	1996 OK 30, 918 P.2d 34, 67 OBJ 790,	Double LL Contractors, Inc. v. State	Discussed at Length
	2009 OK 19, 210 P.3d 835,	MUSGROVE MILL, LLC v. CAPITOL-MEDICAL CENTER IMPROVEMENT & ZONING COMM.	Discussed
	2013 OK 14, 297 P.3d 378,	STATE ex rel. BOARD OF REGENTS OF THE UNIVERSITY OF OKLAHOMA v. LUCAS	Cited
	2013 OK 29, 343 P.3d 1266,	ARBUCKLE SIMPSON AQUIFER PROTECTION FEDERATION OF OKLA., INC. v. OKLA. WATER RESOURCES BD.	Discussed at Length
	2014 OK 34, 330 P.3d 488,	LOCKETT v. EVANS	Discussed
	2019 OK 73,	IN RE RULES CREATING AND CONTROLLING THE OKLAHOMA BAR ASSOCIATION	Discussed
	2020 OK 83, 475 P.3d 834,	PURCELL v. PARKER	Cited
	2021 OK 31, 489 P.3d 36,	STATE ex rel. OKLA. STATE BD. OF MEDICAL LICENSURE AND SUPERVISION v. RIVERO	Cited
	2023 OK 96, 536 P.3d 939,	LEO v. OKLAHOMA WATER RESOURCES BOARD	Discussed
Title 5. Attorneys and the State Bar
	Cite	Name	Ebene
	5 O.S. Art II Sec 5,	Out-of-State Attorneys and Attorneys Granted a Special Temporary Permit To Practice	Cited
	5 O.S. Art II Sec 5,	Out-of-State Attorneys and Attorneys Granted a Special Temporary Permit To Practice	Cited
Title 18. Corporations
	Cite	Name	Ebene
	18 O.S. 381.5,	Oklahoma Savings and Loan Board	Cited
Title 59. Professions and Occupations
	Cite	Name	Ebene
	59 O.S. 1955,	Recovery of Damages, Fees, and Court Costs - Investigation of Records - Promulgation of Rules and Regulations - Liability	Cited
Title 75. Statutes and Reports
	Cite	Name	Ebene
	75 O.S. 502,	Definitions	Discussed
	75 O.S. 250.1,	Composition of Administrative Procedures Act	Cited
	75 O.S. 301,	Renumbered as 75 O.S. � 250.3 by Laws 1987, HB 1493, c. 207, � 27	Cited

Citationizer: Table of Authority

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Cite	Name	Ebene
Oklahoma Constitution
	Cite	Name	Ebene
	OKCONST O.S. Article 6 section 11,	Approval or veto of bills - Passage over veto - Failure to return bill	Cited
Title 75. Statutes and Reports
	Cite	Name	Ebene
	75 O.S. 303,	Adoption, Amendment or Repeal of Rule - Procedure	Discussed
	75 O.S. 250.3,	Definitions	Cited
	75 O.S. 250.3,	Definitions	Cited
	75 O.S. 250.3,	Definitions	Cited
	75 O.S. 250.3,	Definitions	Cited
	75 O.S. 308.3,	Joint Resolution - Rule Adoption - Procedure	Cited
	75 O.S. 250.3,	Definitions	Cited
	75 O.S. 250.3,	Definitions	Cited
	75 O.S. 253,	Emergency Rules	Discussed
	75 O.S. 255,	Publication of the Oklahoma Register - Publication of Rules and Regulations	Cited
	75 O.S. 301,	Renumbered as 75 O.S. � 250.3 by Laws 1987, HB 1493, c. 207, � 27	Cited
	75 O.S. 307,	Filing and Disposition of Petitions for Declaratory Rulings - Judicial Review	Cited
	75 O.S. 308,	Assign Rules to Committees - Procedure for Approval or Disapproval, Final Adoption - Emergency Rule	Cited
	75 O.S. 312,	Final Agency Orders - Contents - Notification	Cited
	75 O.S. 317,	Rehearing, Reopening or Reconsideration of Agency Decision	Cited