Okla. Admin. Code § 655:10-5-6

Current through Vol. 42, No. 7, December 16, 2024

Section 655:10-5-6 - [Effective until 9/14/2025] Superseded emergency actions; expired emergency rules

(a)Text affected.

(1)Superseded amendments. When an emergency amendment is superseded by a permanent action or another emergency action, which affects the same Section or Appendix, the later action must be prepared as an amendment to or revocation of the last promulgated permanent text in that Section or Appendix (i.e., prior to any emergency action). The previous emergency action is superseded by the later action upon the effectiveness of the later action.

(2)Superseded new Section/Appendix. When an emergency enactment of a new Section or Appendix is superseded by a permanent enactment of the Section/Appendix, or another emergency enactment of the Section/Appendix, each action must be prepared as the enactment of new language. Although the agency may alter the language of the earlier emergency action, the agency does not identify changes (through the use of strikeouts and underscoring) to the earlier emergency rule text. Emergency rule text is never amended, but is superseded by later rulemaking actions. The earlier emergency rule is superseded upon the effectiveness of the later rule.

(3)Superseded revocations. When an emergency revocation is superseded by a permanent or emergency revocation of the same Section or Appendix, the later revocation must be prepared as a revocation of the last promulgated permanent text of that Section or Appendix.

(b)Expiration date of superseding emergency actions. When an emergency action is superseded by another emergency action or actions, the expiration date of the later action(s) must retain the same expiration date as the first emergency action [see 75:253(H)].

(c)Preamble statement. When the rules in a rule document will supersede existing emergency rules, the agency shall identify the superseded emergency rules under the heading SUPERSEDED EMERGENCY ACTIONS in the preamble [see 655:10-7-11(b)(15)] and 655:10-7-11.1(c)(3)(H)] of the rule document.

(d)Expired emergency actions. Agencies must notify the OAR in writing when an emergency action on a Section or Appendix expires without being superseded by a permanent or preemptive action. Agencies should notify the OAR upon the expiration of the emergency rule. The OAR will document the existence and expiration of the emergency language in the next available annual supplement by publishing a source note that cross references to the Register publication of the emergency action.

Okla. Admin. Code § 655:10-5-6

Amended by Oklahoma Register, Volume 39, Issue 03, October 15, 2021, eff. 9/1/2021

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2022

Amended by Oklahoma Register, Volume 41, Issue 14, April 1, 2024, eff. 3/4/2024, exp. 9/14/2025 (Emergency)