A. The Legislature shall have an omnibus joint resolution prepared for consideration each session.
B. The joint resolution shall be substantially in the following form: "All proposed permanent rules of Oklahoma state agencies filed on or before April 1 are hereby approved except for the following:".
C. For the purpose of this section, a proposed permanent rule may be disapproved, in whole or in part, in the omnibus joint resolution considered by the Legislature.
D. 1. If an agency believes that a rule has not been approved by the Legislature pursuant to this section and should be approved and finally adopted, the agency may seek the Governor's declaration approving the rule.
2. In seeking the approval of a proposed permanent rule, the agency shall submit a petition to the Governor that affirmatively states:
a.the rule is necessary, and
b.a citation to the source of its authority to make the rule.
3.a.If the Governor finds that the necessity does exist, and that the agency has the authority to make the rule, the Governor may declare the rule to be approved and finally adopted by publishing that declaration in "The Oklahoma Register" on or before July 17 of that year.
b.The declaration shall set forth the rule to be approved, the reasons the approval is necessary, and a citation to the source of the agency's authority to make the rule.
4. If the omnibus joint resolution fails to pass both houses of the Legislature and be signed by the Governor or is found by the Governor to have a technical legal defect preventing approval of administrative rules intended to be approved by the Legislature, the Governor may declare all rules to be approved and finally adopted by publishing a single declaration in "The Oklahoma Register" on or before July 17 without meeting requirements of paragraphs 2 and 3 of this subsection. If the Governor finds that the joint resolution has a technical legal defect, the Governor shall make the finding in writing and submit the finding to the Legislature.
Added by Laws 2013, c. 357, § 6, eff. Nov. 1, 2013.
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