OSCN Found Document:Validity or Applicability of Rules - Action - Parties - Presumption of Validity - Burden Of Proof When Rule Appealed - Declaratory Judgment
Title 75. Statutes and Reports
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
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
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
Cite |
Name |
Ebene |
None Found. |