A. The validity or applicability of a rule may be determined in an action for declaratory judgment in the district court of the county of the residence of the person seeking relief or, at the option of such person, in the county wherein the rule is sought to be applied, if it is alleged the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff.

B. The agency shall be made a party to the action.

C. Rules promulgated pursuant to the provisions of the Administrative Procedures Act are presumed to be valid until declared otherwise by a district court of this state or the Supreme Court. When a rule is appealed pursuant to the Administrative Procedures Act it shall be the duty of the promulgating agency to show and bear the burden of proof to show:

1. that the agency possessed the authority to promulgate the rule;

2. that the rule is consistent with any statute authorizing or controlling its issuance and does not exceed statutory authority;

3. that the rule is not violative of any other applicable statute or the Constitution; and

4. that the laws and administrative rules relating to the adoption, review and promulgation of such rules were faithfully followed.

The provisions of this subsection shall not be construed to impair the power and duty of the Attorney General to review such rules and regulations and issue advisory opinions thereon.

D. A declaratory judgment may be rendered whether or not the plaintiff has requested the agency to pass upon the validity or applicability of the rule in question.

Historical Data

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Laws 1963, HB 865, c. 371, � 6; Amended by Laws 1977, SB 220, c. 114, � 1, eff. October 1, 1977; Amended by Laws 1987, HB 1493, c. 207, � 17.

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 48,	Question Submitted by: The Honorable Ben H. Robinson, State Senator, District 9	Cited
	2002 OK AG 46,	Question Submitted by: The Honorable Bernest H. Cain, Jr., State Senator, District 46	Discussed
	2006 OK AG 30,	Question Submitted by: Ed Fite, Administrator, Oklahoma Scenic Rivers Commission	Cited
	2013 OK AG 3,	Question Submitted by: The Honorable Mark McBride, State Representative District 53	Cited
	2020 OK AG 13,	Question Submitted by: The Honorable Joy Hofmeister, Oklahoma State Superintendent of Public Instruction	Discussed at Length
	1987 OK AG 97,	Question Submitted by: The Honorable Henry Bellmon, Governor of Oklahoma	Cited
	1995 OK AG 88,	Question Submitted by: The Honorable Randall Erwin, Oklahoma House of Representatives, District 19	Discussed
Oklahoma Court of Criminal Appeals Cases
	Cite	Name	Ebene
	2016 OK CR 26, 387 P.3d 951,	STATE v. HOVET	Discussed
Oklahoma Court of Civil Appeals Cases
	Cite	Name	Ebene
	1991 OK CIV APP 90, 820 P.2d 454, 62 OBJ 3686,	West v. Oklahoma Water Resources Bd.	Discussed at Length
	1993 OK CIV APP 96, 860 P.2d 804, 64 OBJ 3000,	Jones v. Oklahoma Merit Protection Com'n	Discussed
	2007 OK CIV APP 16, 152 P.3d 263,	CAMPBELL WHOLESALE COMPANY, INC. v. OKLAHOMA TAX COMMISSION	Cited
	2017 OK CIV APP 12, 423 P.3d 678,	TRUEL v. ANDOLINI'S, LLC	Discussed at Length
	2018 OK CIV APP 30, 416 P.3d 1082,	OSU-AJ HOMESTEAD MEDICAL CLINIC v. THE OKLAHOMA HEALTH AUTHORITY	Discussed
	2021 OK CIV APP 40, 502 P.3d 188,	BD. OF COUNTY COMMISSIONERS v. STATE ex. rel. OFFICE OF JUVENILE AFFAIRS	Cited
Oklahoma Supreme Court Cases
	Cite	Name	Ebene
	1987 OK 103, 746 P.2d 172, 58 OBJ 3054,	Walters v. Oklahoma Ethics Com'n	Discussed at Length
	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 6, 787 P.2d 843,	Dow Jones & Co., Inc. v. State ex rel. Oklahoma Tax Com'n	Cited
	1990 OK 121, 803 P.2d 1119, 61 OBJ 3027,	Texas County Irr. and Water Resources Ass'n v. Oklahoma Water Resources Bd.	Discussed
	1991 OK 122, 825 P.2d 1285, 62 OBJ 3658,	Board of Law Library Trustees of Oklahoma County v. State ex rel. Petuskey	Discussed
	1992 OK 110, 835 P.2d 97, 63 OBJ 2287,	Oklahoma Tax Com'n v. City Vending of Muskogee, Inc.	Cited
	1993 OK 113, 868 P.2d 676, 4 OBJ 2845,	DuLaney v. Oklahoma State Dept. of Health	Discussed
	1994 OK 142, 897 P.2d 1116, 65 OBJ 4181,	Southwestern Bell Telephone Co. v. Oklahoma Corp. Com'n	Cited
	2001 OK 40, 28 P.3d 539, 72 OBJ 1783,	DEWEY v. STATE ex. rel. OKLAHOMA FIREFIGHTERS PENSION & RETIREMENT SYSTEM	Discussed
	1973 OK 150, 517 P.2d 800,	RUTLEDGE v. OKLAHOMA ALCOHOLIC BEVERAGE CON. BD.	Cited
	2002 OK 94, 61 P.3d 219,	WASTE CONNECTIONS, INC. v. OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY	Discussed at Length
	2003 OK 18, 65 P.3d 612,	INDEP. SCH. DIST. NO. I-20 OF MUSKOGEE COUNTY v. OKLA. STATE DEPT. OF EDUCATION	Discussed at Length
	1996 OK 11, 911 P.2d 272, 67 OBJ 542,	Cox v. Dawson	Cited
	2009 OK 19, 210 P.3d 835,	MUSGROVE MILL, LLC v. CAPITOL-MEDICAL CENTER IMPROVEMENT & ZONING COMM.	Cited
	2013 OK 98, 315 P.3d 989,	HEDRICK v. COMMISSIONER OF DEPT. OF PUBLIC SAFETY	Cited
	2014 OK 52, 330 P.3d 519,	MURRAY COUNTY v. HOMESALES, INC.	Discussed
	1979 OK 122, 600 P.2d 328,	GAMBLE v. BENTON	Cited
	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
	2022 OK 14, 503 P.3 1211,	OWENS v. ZUMWALT	Discussed at Length
	2022 OK 50, 510 P.3d 845,	BAILEY v. STATE ex rel. BD. OF TESTS FOR ALCOHOL AND DRUG INFLUENCE	Discussed
	1981 OK 50, 628 P.2d 1156,	Associated Builders and Contractors of Oklahoma v. State ex rel. Oklahoma Dept. of Labor	Cited
	1982 OK 60, 645 P.2d 1011,	Grand River Dam Authority v. State	Discussed at Length
	1982 OK 94, 651 P.2d 125,	Conoco, Inc. v. State Dept. of Health	Discussed at Length
	1999 OK 43, 990 P.2d 845, 70 OBJ 1560,	Independent Finance Institute v. Clark	Cited
	1984 OK 73, 695 P.2d 498,	Ricks Exploration Co. v. Oklahoma Water Resources Bd.	Discussed
Title 75. Statutes and Reports
	Cite	Name	Ebene
	75 O.S. 250.4,	Compliance with Act - Exceptions	Cited
	75 O.S. 250.4,	Compliance with Act - Exceptions	Cited
	75 O.S. 252,	Filing as Condition of Validity - Notification of Failure to Comply	Cited
	75 O.S. 253,	Emergency Rules	Cited

Citationizer: Table of Authority

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Cite	Name	Ebene
None Found.