Okla. Admin. Code § 655:10-7-33
Current through Vol. 42, No. 3, October 15, 2024
Section 655:10-7-33 - [Effective until 9/14/2025] Notices of withdrawn rules(a)Withdrawal of permanent rules. As set forth in 75 O.S., Section 308(F), an agency may withdraw a permanent rule prior to its final adoption, as defined in 75 O.S., Sections 250.3(7) and OAC 655:10-1-2. When an agency withdraws a permanent rule after its adoption but prior to its final adoption, the agency must submit a Notice of Withdrawn Rules pursuant to this Section, except as provided in (d) of this section.(b)Withdrawal of emergency rules. An agency may withdraw an emergency rule prior to its approval by the Governor pursuant to 75 O.S., Section 253(K). When an agency withdraws an emergency rule after its submission to the Governor but prior to its approval by the Governor, the agency must submit a Notice of Withdrawn Rules pursuant to this Section, except as provided in (d) of this section. (1) If the agency published a Notice of Rulemaking Intent for the withdrawn emergency rule, the OAR will publish the Notice of Withdrawn Rules in the Register.(2) If the agency did not publish a Notice of Rulemaking Intent for the withdrawn emergency rule, the OAR will not publish the Notice of Withdrawn Rules, but will retain the Notice in the official files.(c)Filing exception for "resubmitted rules."(1)Criteria for "resubmitted rules." When an agency discovers an error in a filing that has been submitted to the Governor and Legislature via the State Online Filing System ("System"), the System allows the agency to "resubmit" that filing, but only if:(A) the agency resubmits the filing within 10 calendar days after the rules were adopted, and(B) the agency first withdraws the original submission in the System. The System requires a Notice of Withdrawn Rules to be prepared pursuant to this section. The agency may include information under the heading "ADDITIONAL INFORMATION:", as described in (f)(3)(A)(iv) of this section, to explain that the rules, although withdrawn, are being resubmitted.(2)Filing with OAR not required. When an agency withdraws and resubmits a filing on the System within 10 days after the rules were adopted, as described in (1)(A) of this subsection, the agency should not submit a copy of the Notice of Withdrawn Rules required by (1)(B) of this subsection to the OAR. If submitted, the OAR will not publish the Notice of Withdrawn Rules, but will retain the Notice in the official files.(d)Format; document heading. The Notice of Withdrawn Rules begins with the document heading required in 655:10-7-3. Beginning two single spaces below the document heading, include the headings and information described in (f) of this Section, formatted pursuant to the following: (1) Begin each heading and subheading at the left margin.(2) Begin the contents required for each heading and subheading on the first line below the heading or subheading.(3) Tab the first line of the contents, but do not tab subsequent lines of the contents; except, when listing rules under the heading WITHDRAWN RULES [see (e)(2) of this Section], begin each rule number on a separate tabbed line under the heading.(e)Content. A Notice of Withdrawn Rules must be prepared pursuant to the style required in (D) of this Section and must contain the following headings and information: (1)Rulemaking action. Under the bolded heading "RULEMAKING ACTION:", type one of the following: (A) If the withdrawn rules are permanent, type "Withdrawal of PERMANENT rulemaking."(B) If the withdrawn rules are emergency, type "Withdrawal of EMERGENCY rulemaking."(2)Withdrawn rules. Under the bolded heading "WITHDRAWN RULES:", identify the withdrawn rules as described in 655:10-7-11(b)(2).(3)Dates. Under the bolded heading "DATES:", identify any of the following dates which apply to the rulemaking action prior to withdrawal.(A)Withdrawal of permanent/emergency rules. If the agency is withdrawing proposed permanent or emergency rules, use the following format: (i)Adoption. Under the bolded subheading "Adoption:", cite the date the rules were adopted.(ii)Submission of adopted rules to Governor and Legislature. Include this subheading and information if rules are withdrawn after submission of the adopted rules to the Governor and Legislature. Under the bolded subheading "Submission of adopted rules to Governor and Legislature:", cite the date the rules were submitted to the Governor and Legislature.(iii)Withdrawn. Under the bolded subheading "Withdrawn:", cite the date the rules were withdrawn from the rulemaking process. This date is the date withdrawal notice is given to the Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Joint Committee.(iv)Additional information. Under the bolded heading "ADDITIONAL INFORMATION:", cite any additional information determined by the agency to be pertinent. The use of this category is optional.Okla. Admin. Code § 655:10-7-33
Amended by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/11/2015Amended by Oklahoma Register, Volume 39, Issue 03, October 15, 2021, eff. 9/1/2021Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2022Amended by Oklahoma Register, Volume 41, Issue 14, April 1, 2024, eff. 3/4/2024, exp. 9/14/2025 (Emergency)