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An Act
ENROLLED HOUSE
BILL NO. 2728 By: Kendrix, Maynard,
Crosswhite Hader, Lepak,
Moore, Caldwell (Trey),
Boles, Hill, Hildebrant,
Steagall, Kane, Cornwell,
Kerbs, Hasenbeck, Duel,
Hilbert, Olsen, Hays,
Stark, George, Grego,
Hardin, Townley, West
(Kevin), Osburn, Roberts,
Miller, Culver, Wolfley,
Strom, Fetgatter, Lowe
(Dick), Dobrinski, Staires,
Burns, Eaves, Turner, Hall,
Wilk, Blair, Adams,
Chapman, Caldwell (Chad),
Bashore, and Pfeiffer of
the House
and
Bergstrom, Jett, Woods,
Prieto, Daniels, Alvord,
Sacchieri, Standridge,
Murdock, Wingard, Hamilton,
Stewart, Weaver, Bullard,
Deevers, Guthrie, Stanely,
McIntosh, Grellner, Hines,
Frix, Burns, Reinhardt,
Gillespie, Pederson, Pugh,
Gollihare, Seifried, Kern,
and Green of the Senate
An Act relating to administrative rules; enacting the
Regulations from the Executive in Need of Scrutiny
(REINS) Act of 2025; providing short title; amending
62 O.S. 2021, Section 8012, which relates to duties
of the Legislative Office of Fiscal Transparency
(LOFT); modifying duties of LOFT; requiring LOFT to
ENR. H. B. NO. 2728 Page 2
provide certain analysis and report relating to
administrative rules; specifying date for report
submissions; requiring compliance with LOFT by state
agencies; requiring submission and publication of
annual report; specifying content of annual report;
amending 75 O.S. 2021, Section 250.1, which relates
to composition of the Administrative Procedures Act;
updating statutory references; amending 75 O.S. 2021,
Section 250.3, as amended by Section 1, Chapter 38,
O.S.L. 2023 (75 O.S. Supp. 2024, Section 250.3),
which relates to definitions; modifying definitions
and defining terms; amending 75 O.S. 2021, Section
253, as amended by Section 2, Chapter 38, O.S.L. 2023
(75 O.S. Supp. 2024, Section 253), which relates to
emergency rules; modifying contents of rule impact
statement; providing waiver of certain requirements
under certain circumstances; amending 75 O.S. 2021,
Section 303, which relates to permanent rules;
requiring agencies to consult with certain entities
prior to rule adoption; modifying contents of rule
impact statement; amending 75 O.S. 2021, Section 308,
as amended by Section 5, Chapter 38, O.S.L. 2023 (75
O.S. Supp. 2024, Section 308); updating statutory
language; requiring certain rules to be addressed in
certain legislative manner; providing for
noncodification; providing for codification;
providing an effective date; and declaring an
emergency.
SUBJECT: Administrative rules
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the “Regulations
from the Executive in Need of Scrutiny (REINS) Act of 2025”.
SECTION 2. AMENDATORY 62 O.S. 2021, Section 8012, is
amended to read as follows:
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Section 8012. A. The Legislative Office of Fiscal Transparency
(LOFT) shall:
1. Gather information regarding the proposed budgets of
executive branch agencies each fiscal year;
2. Analyze the information and evaluate the extent to which the
agency budget does or does not fulfill the agency’s primary duties
and responsibilities under applicable provisions of federal, state,
or other law;
3. Analyze and forecast all revenues available to the agency
from appropriations, fees, dedicated revenue, or any other source;
4. Compare the agency budget information to the comparable
information contained in that agency’s budget requests from prior
fiscal years; and
5. Conduct such investigations regarding the operations of the
agency as required in order to fulfill the duties imposed upon the
Office by law or as otherwise directed by the oversight committee;
and
6. Conduct rule impact analyses for major rules, as defined in
Section 250.3 of Title 75 of the Oklahoma Statutes.
The oversight committee, subject to the direction of the
President Pro Tempore of the Senate and the Speaker of the House of
Representatives, shall ensure that the functions performed by the
Office pursuant to the provisions of this subsection do not
duplicate those of the Senate Committee on Appropriations Committee
of the Senate and the House Committee on Appropriations and Budget
Committee of the House of Representatives and their respective
staffs.
B. The Office shall further conduct performance evaluations and
may conduct independent comprehensive performance audits. The
oversight committee created in Section 3 8013 of this act title may
periodically identify specific executive branch agencies, or
programs, activities, or functions within executive branch agencies,
for which the Office shall conduct a performance evaluation or
independent comprehensive performance audit.
C. As used in Section 8011 et seq. of this act title,
“performance evaluation” means an examination of a program,
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activity, or function of an executive branch agency, conducted in
accordance with applicable government auditing standards or auditing
and evaluation standards of other appropriate authoritative bodies.
The term includes, but is not limited to, an examination of issues
related to:
1. Economy, efficiency, or effectiveness of the agency or
program, including any revenue sources used to fund or support the
agency or program;
2. Structure or design of the agency or program to accomplish
its goals and objectives;
3. Adequacy of the agency or program to meet the needs or
policy goals identified by the Legislature;
4. Alternative methods of providing agency or program services
or products;
5. Goals, objectives, and performance measures used by the
agency to monitor and report agency or program accomplishments;
6. The accuracy or adequacy of public documents, reports, or
requests prepared by or in relation to the agency or program;
7. Compliance with appropriate policies, rules, or laws related
to the agency or program; and
8. Any other issues related to such agencies or programs as
directed by the oversight committee.
D. As used in Section 8011 et seq. of this act title,
“independent comprehensive performance audit (ICPA)” audit” (ICPA)
includes, but is not limited to, a review and analysis of the
economy, efficiency, effectiveness, and compliance of the policies,
management, fiscal affairs, and operations of state agencies,
divisions, programs, and accounts. The results of an ICPA may be
used by the Legislature to implement the best budgeting and policy-
making practices for government services to run in the most cost-
effective way. The Office may, at the direction of the oversight
committee and subject to the approval of the President Pro Tempore
of the Senate and the Speaker of the House of Representatives,
contract with a private company, nonprofit organization, or academic
institution to assist with an independent comprehensive performance
audit or for professional consulting and administrative support
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services. The Office may, but shall not be required to, contract
with the Office of the State Auditor and Inspector to conduct any
ICPA. The Office LOFT shall develop the scope of services for a
request for proposals issued, for professional services necessary to
complete each ICPA. Prior to entering into any contract, the Office
LOFT shall obtain no less fewer than three separate bids for the
auditing services, unless the Office LOFT determines that fewer than
three entities meet the qualifications to bid to perform such
services as set forth by the Office LOFT. The cost of the contract
shall be paid by the Legislative Services Service Bureau.
An independent comprehensive performance audit shall address,
but not be limited to, the following topics:
1. Policies which shall include constitutional mandates, if
any, statutory mandates, statutory authorizations, administrative
rules or policies of the affected agency reflected in internal
agency documents, or agency practices;
2. All sources of funding received by the agency, inclusive of
federal funds, state appropriations, state-dedicated revenues, fee
revenue sources, the use of agency revolving funds, or any other
fund or revenue source which is used to pay the expenses of the
agency;
3. Management of the agency which shall include, but not be
limited to, its governance, capacity, divisions, programs, accounts,
information technology systems, and policies and agency operations
which include objective analysis of the roles and functions of the
department; and
4. A schedule for implementation of agency-specific
recommendations.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 8016 of Title 62, unless there
is created a duplication in numbering, reads as follows:
A. The Legislative Office of Fiscal Transparency (LOFT) shall
provide independent and reliable economic analysis to assist the
Legislature in reviewing proposed administrative rules of state
agencies classified as major rules pursuant to the Administrative
Procedures Act. Unless otherwise approved by the President Pro
Tempore of the Senate and the Speaker of the House of
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Representatives, the duties prescribed by this section shall be
accomplished within the existing full-time-employee count of LOFT.
B. 1. Within twenty-one (21) calendar days of receiving a
proposed rule and its supporting documents, LOFT shall analyze
whether the proposing agency has complied with the requirements of
Section 303 of Title 75 of the Oklahoma Statutes. LOFT shall assess
whether the proposed rule could result in implementation and
compliance costs of more than One Million Dollars ($1,000,000.00)
over the initial five-year period after implementation.
2. The reporting requirements of this section shall not be
construed to prevent the approval and promulgation of emergency
rules pursuant to Section 253 of Title 75 of the Oklahoma Statutes.
C. 1. LOFT shall furnish a report on each major rule to the
chairs of the committees designated by the President Pro Tempore of
the Senate and the Speaker of the House of Representatives by the
end of the twenty-first calendar day after its submission.
2. LOFT shall inform the chairs of the designated committees if
the rule impact statement from the agency is incomplete or contains
substantive inaccuracies.
D. If a chair of a committee designated under subsection C of
this section reasonably believes that the provisions of a proposed
nonmajor rule may constitute designation as a major rule, the chair
may request that LOFT analyze the rule pursuant to the provisions of
this section.
E. State agencies shall cooperate fully with LOFT and the
Legislature in providing data, documentation, and analysis required
under this act.
F. LOFT shall make all analyses and determinations publicly
available on its website upon completion.
G. An annual report summarizing the year’s evaluations and
findings shall be submitted electronically to the Governor, the
President Pro Tempore of the Senate, and the Speaker of the House of
Representatives and shall be published on LOFT’s website. Within
the annual report, LOFT shall quantify the impact of its work,
including reductions in regulations, cost savings, and other
measurable benefits to the economy.
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SECTION 4. AMENDATORY 75 O.S. 2021, Section 250.1, is
amended to read as follows:
Section 250.1. A. The Administrative Procedures Act shall be
composed of two Articles articles. Sections 250, 250.1, 250.3,
250.4, 250.5, and 250.8 of this title are applicable to both
Articles I and II. Article I relating to agency filing and
publication requirements for rules shall consist of Sections 250.2,
250.4, 250.4a, 250.6, 250.7, and 250.9 through 308.2 308.3 of this
title and Section 5 of this act. Article II relating to agency
notice and hearing requirements for individual proceedings shall
consist of Sections 308a through 323 of this title.
B. Except as otherwise specifically provided in Section 250.4
of this title, all agencies shall comply with the provisions of
Article I and Article II of the Administrative Procedures Act.
SECTION 5. AMENDATORY 75 O.S. 2021, Section 250.3, as
amended by Section 1, Chapter 38, O.S.L. 2023 (75 O.S. Supp. 2024,
Section 250.3), is amended to read as follows:
Section 250.3. As used in the Administrative Procedures Act:
1. “Administrative head” means an official or agency body
responsible pursuant to law for issuing final agency orders;
2. “Adopted” means a proposed emergency rule which has been
approved by the agency but has not been approved or disapproved by
the Governor as an emergency rule as provided by Section 253 of this
title, or a proposed permanent rule which has been approved by the
agency and not disapproved by the Governor pursuant to paragraph 6
of subsection A of Section 303 of this title, but has not been
finally approved or disapproved by the Legislature or the Governor;
3. “Agency” includes, but is not limited to, any
constitutionally or statutorily created state agency, board, bureau,
commission, office, authority, institution, public trust in which
the state is a beneficiary, or interstate commission, or any
instrumentality thereof, except:
a. the Legislature or any branch, committee, or officer
thereof, and
b. the courts;
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4. “Emergency rule” means a rule that is made pursuant to
Section 253 of this title;
5. “Final rule” or “finally adopted rule” means a rule other
than an emergency rule, which has not been published pursuant to
Section 255 of this title but is otherwise in compliance with the
requirements of the Administrative Procedures Act, and is:
a. approved by the Legislature pursuant to Section 308.3
of this title, provided that any such joint resolution
becomes law in accordance with Section 11 of Article
VI of the Oklahoma Constitution,
b. approved by the Governor pursuant to subsection C of
Section 308.3 of this title,
c. approved by a joint resolution pursuant to subsection
B of Section 308 of this title, provided that any such
resolution becomes law in accordance with Section 11
of Article VI of the Oklahoma Constitution, or
d. disapproved by a joint resolution pursuant to
subsection B of Section 308 of this title or Section
308.3 of this title, which has been vetoed by the
Governor in accordance with Section 11 of Article VI
of the Oklahoma Constitution and the veto has not been
overridden;
6. “Final agency order” means an order that includes findings
of fact and conclusions of law pursuant to Section 312 of this
title, is dispositive of an individual proceeding unless there is a
request for rehearing, reopening, or reconsideration pursuant to
Section 317 of this title, and which is subject to judicial review;
7. “Hearing examiner” means a person meeting the qualifications
specified by Article II of the Administrative Procedures Act and who
has been duly appointed by an agency to hold hearings and, as
required, render orders or proposed orders;
8. “Implementation and compliance costs” means direct costs
that are readily ascertainable based upon standard business
practices, including, but not limited to, fees, the cost to obtain a
license or registration, the cost of equipment required to be
installed or used, additional operating costs incurred, the cost of
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monitoring and reporting, and any other costs to comply with the
requirements of the proposed rule;
9. “Individual proceeding” means the formal process employed by
an agency having jurisdiction by law to resolve issues of law or
fact between parties and which results in the exercise of discretion
of a judicial nature;
9. 10. “License” includes the whole or part of any agency
permit, certificate, approval, registration, charter, or similar
form of permission required by law;
10. 11. “Major rule” means any administrative rule, whether
emergency or permanent in nature, that will result in or is likely
to result in One Million Dollars ($1,000,000.00) or more over the
initial five-year period in implementation and compliance costs that
are reasonably expected to be incurred by or passed along to
businesses, state or local government units, and individuals as a
result of the proposed rule following the promulgation of such rule;
12. “Nonmajor rule” means any rule that is not a major rule;
13. “Office” means the Office of the Secretary of State;
11. 14. “Order” means all or part of a formal or official
decision made by an agency including, but not limited to, final
agency orders;
12. 15. “Party” means a person or agency named and
participating, or properly seeking and entitled by law to
participate, in an individual proceeding;
13. 16. “Permanent rule” means a rule that is made pursuant to
Section 303 of this title;
14. 17. “Person” means any individual, partnership,
corporation, association, governmental subdivision, or public or
private organization of any character other than an agency;
15. 18. “Political subdivision” means a county, city,
incorporated town, or school district within this state;
16. 19. “Promulgated” means a finally adopted rule which has
been filed and published in accordance with the provisions of the
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Administrative Procedures Act, or an emergency rule or preemptive
rule which has been approved by the Governor;
17. 20. “Rule” means any agency statement or group of related
statements of general applicability and future effect that
implements, interprets, or prescribes law or policy, or describes
the procedure or practice requirements of the agency. The term rule
includes the amendment or revocation of an effective rule but does
not include:
a. the issuance, renewal, denial, suspension or
revocation or other sanction of an individual specific
license,
b. the approval, disapproval, or prescription of rates.
For purposes of this subparagraph, the term “rates”
shall not include fees or charges fixed by an agency
for services provided by that agency including, but
not limited to, fees charged for licensing,
permitting, inspections, or publications,
c. statements and memoranda concerning only the internal
management of an agency and not affecting private
rights or procedures available to the public,
d. declaratory rulings issued pursuant to Section 307 of
this title,
e. orders by an agency, or
f. press releases or “agency news releases”, provided
such releases are not for the purpose of interpreting,
implementing, or prescribing law or agency policy;
18. 21. “Rulemaking” means the process employed by an agency
for the formulation of a rule;
19. 22. “Secretary” means the Secretary of State;
20. 23. “Small business” means a for-profit enterprise
consisting of fifty or fewer full-time or part-time employees; and
21. 24. “Technical legal defect” means an error that would
otherwise invalidate an action by a court of law.
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SECTION 6. AMENDATORY 75 O.S. 2021, Section 253, as
amended by Section 2, Chapter 38, O.S.L. 2023 (75 O.S. Supp. 2024,
Section 253), is amended to read as follows:
Section 253. A. 1. If an agency finds that a rule is
necessary as an emergency measure, the rule may be promulgated
pursuant to the provisions of this section, if the rule is first
approved by the Governor. The Governor shall not approve the
adoption, amendment, revision, or revocation of a rule as an
emergency measure unless the agency submits substantial evidence
that the rule is necessary as an emergency measure to do any of the
following:
a. protect the public health, safety, or welfare,
b. comply with deadlines in amendments to an agency’s
governing law or federal programs,
c. avoid violation of federal law or regulation or other
state law,
d. avoid imminent reduction to the agency’s budget, or
e. avoid serious prejudice to the public interest.
As used in this subsection, “substantial evidence” shall mean
credible evidence which is of sufficient quality and probative value
to enable a person of reasonable caution to support a conclusion.
2. In determining whether a rule is necessary as an emergency
measure, the Governor shall consider whether the emergency situation
was created due to the agency’s delay or inaction and could have
been averted by timely compliance with the provisions of this
chapter.
B. An emergency rule adopted by an agency shall:
1. Be prepared in the format required by Section 251 of this
title;
2. a. Include an impact statement which meets the
requirements set forth in subparagraph b of this
paragraph, unless the Governor waives the initial
requirement in writing upon a finding that the rule
impact statement or the specified contents thereof are
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unnecessary or contrary to the public interest.
Provided, the rule impact statement shall be submitted
no more than forty-five (45) days from the date of
such waiver.
b. The rule impact statement shall include, but not be
limited to:
(1) a statement of the need for the rule and legal
basis supporting it,
(2) a classification of the rule as major or
nonmajor, with a justification for the
classification, including an estimate of the
total annual implementation and compliance costs
that are reasonably expected to be incurred by or
passed along to businesses, state or local
government units, or individuals and a
determination of whether those costs will exceed
One Million Dollars ($1,000,000.00) over the
initial five-year period following the
promulgation of the proposed rule. Provided, if
the costs exceed One Million Dollars
($1,000,000.00), the agency shall classify the
rule as a major rule,
(3) a brief description of the proposed rule,
including a determination of whether the proposed
rule is mandated by federal law, or as a
requirement for participation in or
implementation of a federally subsidized or
assisted program, and whether the proposed rule
exceeds the requirements of the applicable
federal law,
(2)
(4) a description of the classes of persons who most
likely will be affected by the proposed rule,
including classes that will bear the costs of the
proposed rule, and any information on cost
impacts received by the agency from any private
or public entities,
(3)
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(5) a description of the classes of persons who will
benefit from the proposed rule,
(4) a description of the probable
(6) a comprehensive analysis of the rule’s economic
impact of the proposed rule upon affected classes
of persons or political subdivisions, including
any anticipated impacts on the full-time-employee
count of the agency, any costs or benefits, and a
detailed quantification of implementation and
compliance costs on the affected businesses,
business sectors, public utility ratepayers,
individuals, state or local government units, and
on the state economy as a whole. The analysis
shall include a listing of all fee changes and,
whenever possible, a separate justification for
each fee change,
(5) the probable costs and benefits to the agency and
to any other agency of the implementation and
enforcement of the proposed rule, and any
anticipated effect on state revenues, including a
projected net loss or gain in such revenues if it
can be projected by the agency,
(7) a detailed explanation of the methodology and
assumptions used to determine the economic
impact, including the dollar amounts calculated,
(6)
(8) a determination of whether implementation of the
proposed rule will have an economic impact on any
political subdivisions or require their
cooperation in implementing or enforcing the
rule,
(9) a determination of whether implementation of the
proposed rule may have an adverse economic effect
on small business as provided by the Oklahoma
Small Business Regulatory Flexibility Act,
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(7) an explanation of the measures the agency has
taken to minimize compliance costs and a
determination of whether there are less costly or
nonregulatory methods or less intrusive methods
for achieving the purpose of the proposed rule,
(10) any measures taken by the agency to minimize the
cost and impact of the proposed rule on business
and economic development in this state, local
government units of this state, and individuals,
(8)
(11) a determination of the effect of the proposed
rule on the public health, safety, and
environment and, if the proposed rule is designed
to reduce significant risks to the public health,
safety, and environment, an explanation of the
nature of the risk and to what extent the
proposed rule will reduce the risk,
(9)
(12) a determination of any detrimental effect on the
public health, safety, and environment if the
proposed rule is not implemented, and
(10)
(13) the date the rule impact statement was prepared
and, if modified, the date modified.
c. The rule impact statement shall be prepared on or
before the date the emergency rule is adopted; and
3. Be transmitted pursuant to Section 464 of Title 74 of the
Oklahoma Statutes to the Governor, the Speaker of the House of
Representatives, the President Pro Tempore of the Senate, and the
chief legislative officer of each chamber, along with the
information required by this subsection within ten (10) days after
the rule is adopted; and
4. Not be invalidated on the ground that the contents of the
rule impact statement are insufficient or inaccurate.
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C. 1. Within forty-five (45) calendar days of receipt of a
proposed emergency rule filed with the Governor, the Speaker of the
House of Representatives, the President Pro Tempore of the Senate,
and the chief legislative officer of each chamber, the Governor
shall review the demonstration of emergency pursuant to subsection A
of this section, and shall separately review the rule in accordance
with the standards prescribed in paragraph 3 of this subsection.
2. Prior to approval of emergency rules, the Governor shall
submit the emergency rule to the Secretary of State for review of
proper formatting.
3. If the Governor determines the agency has established the
rule is necessary as an emergency measure pursuant to subsection A
of this section, the Governor shall approve the proposed emergency
rule if the rule is:
a. clear, concise, and understandable,
b. within the power of the agency to make and within the
enacted legislative standards, and
c. made in compliance with the requirements of the
Administrative Procedures Act.
4. If an emergency rule is adopted under this section due to a
declared state of emergency pursuant to Section 683.1 et seq. of
Title 63 of the Oklahoma Statutes, an agency may request the
Governor waive the provisions of subsection B of this section. Such
request shall be in writing and shall state the agency’s findings
and the justification for such findings. The agency shall have
forty-five (45) days to comply with the provisions of subsection B
of this section for any adopted emergency rules where such
provisions are waived. Any rules which do not comply with the
requirements of this section shall expire following such time
period. Nothing in this paragraph shall be construed to waive any
other requirements of this section for emergency rule promulgation
by an agency.
D. 1. Within the forty-five-calendar-day period set forth in
paragraph 1 of subsection C of this section, the Governor may
approve the emergency rule or disapprove the emergency rule.
Failure of the Governor to approve an emergency rule within the
specified period shall constitute disapproval of the emergency rule.
ENR. H. B. NO. 2728 Page 16
2. If the Governor disapproves the adopted emergency rule, the
Governor shall return the entire document to the agency with reasons
for the disapproval. If the agency elects to modify the rule, the
agency shall adopt the modifications, and shall file the modified
rule in accordance with the requirements of subsection B of this
section.
3. Upon disapproval of an emergency rule, the Governor shall,
within fifteen (15) days, make written notification to the Speaker
of the House of Representatives, the President Pro Tempore of the
Senate, the chief legislative officer of each chamber, and the
Office of Administrative Rules.
E. 1. Upon approval of an emergency rule, the Governor shall
immediately make written notification to the agency, the Speaker of
the House of Representatives, the President Pro Tempore of the
Senate, the chief legislative officer of each chamber, and the
Office of Administrative Rules. Upon receipt of the notice of the
approval, the agency shall file with the Office of Administrative
Rules as many copies of the notice of approval and the emergency
rule as required by the Secretary.
2. Emergency rules shall be subject to legislative review
pursuant to Section 308 of this title.
3. The emergency rule shall be published in accordance with the
provisions of Section 255 of this title in “The Oklahoma Register”
following the approval by the Governor. The Governor’s approval and
the approved rules shall be retained as official records by the
Office of Administrative Rules.
F. 1. Upon approval by the Governor, an emergency rule shall
be considered promulgated and shall be in force immediately, or on
such later date as specified therein. An emergency rule shall only
be applied prospectively from its effective date.
2. Except as otherwise provided in this subsection, the
emergency rule shall remain in full force and effect through the
first day of the next succeeding regular session of the Legislature
following promulgation of such emergency rule until September 14
following such session, unless it is made ineffective pursuant to
subsection H of this section.
G. No agency shall adopt any emergency rule which establishes
or increases fees, except during such times as the Legislature is in
ENR. H. B. NO. 2728 Page 17
session, unless specifically mandated by the Legislature or federal
legislation, or when the failure to establish or increase fees would
conflict with an order issued by a court of law.
H. 1. If an emergency rule is of a continuing nature, the
agency promulgating such emergency rule shall initiate proceedings
for promulgation of a permanent rule pursuant to Sections 303
through 308.2 308.3 of this title. If an emergency rule is
superseded by another emergency rule prior to the enactment of a
permanent rule, the latter emergency rule shall retain the same
expiration date as the superseded emergency rule, unless otherwise
authorized by the Legislature.
2. Any promulgated emergency rule shall be made ineffective if:
a. disapproved by the Legislature,
b. superseded by the promulgation of permanent rules,
c. any adopted rules based upon such emergency rules are
subsequently disapproved pursuant to Section 308 of
this title, or
d. an earlier expiration date is specified by the agency
in the rules.
3. a. Emergency rules in effect on the first day of the
session shall be null and void on September 15
following sine die adjournment of the Legislature
unless otherwise specifically provided by the
Legislature.
b. Unless otherwise authorized by the Legislature, an
agency shall not adopt any emergency rule, which has
become null and void pursuant to subparagraph a of
this paragraph, as a new emergency rule or adopt any
emergency rules of similar scope or intent as the
emergency rules which became null and void pursuant to
subparagraph a of this paragraph.
I. Emergency rules shall not become effective unless approved
by the Governor pursuant to the provisions of this section.
J. 1. The requirements of Section 303 of this title relating
to notice and hearing shall not be applicable to emergency rules
ENR. H. B. NO. 2728 Page 18
promulgated pursuant to the provisions of this section. Provided,
this shall not be construed to prevent an abbreviated notice and
hearing process determined to be necessary by an agency.
2. The rule report required pursuant to Section 303.1 of this
title shall not be applicable to emergency rules promulgated
pursuant to the provisions of this section. Provided, this shall
not be construed to prevent an agency from complying with such
requirements at the discretion of such agency.
3. The statement of submission required by Section 303.1 of
this title shall not be applicable to emergency rules promulgated
pursuant to the provisions of this section.
K. Prior to approval or disapproval of an emergency rule by the
Governor, an agency may withdraw from review an emergency rule
submitted pursuant to the provisions of this section. Notice of
such withdrawal shall be given to the Governor, the Speaker of the
House of Representatives, the President Pro Tempore of the Senate in
accordance with the requirements set forth in Section 464 of Title
74 of the Oklahoma Statutes, and to the Office of Administrative
Rules as required by the Secretary of State. In order to be
promulgated as emergency rules, any replacement rules shall be
resubmitted pursuant to the provisions of this section.
L. Upon completing the requirements of this section, an agency
may promulgate a proposed emergency rule. No emergency rule is
valid unless promulgated in substantial compliance with the
provisions of this section.
M. Emergency rules adopted by an agency or approved by the
Governor shall be subject to review pursuant to the provisions of
Section 306 of this title.
SECTION 7. AMENDATORY 75 O.S. 2021, Section 303, is
amended to read as follows:
Section 303. A. Prior to the adoption of any rule or amendment
or revocation of a rule and except as provided for pursuant to the
expedited rule repeal process provided in Section 9 of this act, the
agency shall:
1. Cause notice of any intended action to be published in “The
Oklahoma Register” pursuant to subsection B of this section;
ENR. H. B. NO. 2728 Page 19
2. For at least thirty (30) days after publication of the
notice of the intended rulemaking action, afford a comment period
for all interested persons to submit data, views, or arguments,
orally or in writing. The agency shall consider fully all written
and oral submissions respecting the proposed rule;
3. Hold a hearing, if required, as provided by subsection C of
this section;
4. Consider the effect its intended action may have on the
various types of business and governmental entities. Except where
such modification or variance is prohibited by statute or
constitutional constraints, if an agency finds that its actions may
adversely affect any such entity, the agency may modify its actions
to exclude that type of entity, or may “tier” its actions to allow
rules, penalties, fines, or reporting procedures and forms to vary
according to the size of a business or governmental entity or its
ability to comply or both. For business entities, the agency shall
include a description of the probable quantitative and qualitative
impact of the proposed rule, economic or otherwise, and use
quantifiable data to the extent possible, taking into account both
short-term and long-term consequences;
5. Consider the effect its intended action may have on the
various types of consumer groups. If an agency finds that its
actions may adversely affect such groups, the agency may modify its
actions to exclude that type of activity; and
6. When an agency provides notice pursuant to paragraph 1 of
this subsection, the agency shall provide one (1) electronic copy of
the complete text of the proposed rule, amendment or revocation and
a copy of the notice to the Governor and to the appropriate cabinet
secretary. No agency may adopt any proposed rule, amendment or
revocation if, within thirty (30) days from providing notice to the
Governor and the appropriate cabinet secretary, the agency receives
express written disapproval from the Governor or the cabinet
secretary. If the Governor or the cabinet secretary disapproves a
rule, the affected agency shall be notified in writing of the
reasons for disapproval. If, after thirty (30) days of providing
the notice to the Governor and the cabinet secretary, the agency has
not received an express written disapproval, the agency may proceed
with the rulemaking process.
B. The notice required by paragraph 1 of subsection A of this
section shall include, but not be limited to:
ENR. H. B. NO. 2728 Page 20
1. In simple language, a brief summary of the rule;
2. The proposed action being taken;
3. The circumstances which created the need for the rule;
4. The specific legal authority, including statutory citations,
authorizing the proposed rule;
5. The intended effect of the rule;
6. If the agency determines that the rule affects business
entities, a request that such entities provide the agency, within
the comment period, in dollar amounts if possible, the increase in
the level of direct costs such as fees, and indirect costs such as
reporting, recordkeeping, equipment, construction, labor,
professional services, revenue loss, or other costs expected to be
incurred by a particular entity due to compliance with the proposed
rule;
7. The time when, the place where, and the manner in which
interested persons may present their views thereon pursuant to
paragraph 3 of subsection A of this section;
8. Whether or not the agency intends to issue a rule impact
statement according to subsection D of this section and where copies
of such impact statement may be obtained for review by the public;
9. The time when, the place where, and the manner in which
persons may demand a hearing on the proposed rule if the notice does
not already provide for a hearing. If the notice provides for a
hearing, the time and place of the hearing shall be specified in the
notice; and
10. Where copies of the proposed rules may be obtained for
review by the public. An agency may charge persons for the actual
cost of mailing a copy of the proposed rules to such persons.
The number of copies of such notice as specified by the
Secretary of State shall be submitted to the Secretary of State who
shall publish the notice in “The Oklahoma Register” pursuant to the
provisions of Section 255 of this title.
ENR. H. B. NO. 2728 Page 21
Prior to or within three (3) days after publication of the
notice in “The Oklahoma Register”, the agency shall cause a copy of
the notice of the proposed rule adoption and the rule impact
statement, if available, to be mailed to all persons who have made a
timely request of the agency for advance notice of its rulemaking
proceedings. Provided, in lieu of mailing copies, an agency may
electronically notify interested persons that a copy of the proposed
rule and the rule impact statement, if available, may be viewed on
the agency’s website. If an agency posts a copy of the proposed
rule and rule impact statement on its website, the agency shall not
charge persons for the cost of downloading or printing the proposed
rule or impact statement. Each agency shall maintain a listing of
persons or entities requesting such notice.
C. 1. If the published notice does not already provide for a
hearing, an agency shall schedule a hearing on a proposed rule if,
within thirty (30) days after the published notice of the proposed
rule adoption, a written request for a hearing is submitted by:
a. at least ten persons,
b. a political subdivision,
c. an agency, or
d. an association having not less than twenty-five
members.
At that hearing persons may present oral argument, data, and
views on the proposed rule.
2. A hearing on a proposed rule may not be held earlier than
thirty (30) days after notice of the hearing is published pursuant
to subsection B of this section.
3. The provisions of this subsection shall not be construed to
prevent an agency from holding a hearing or hearings on the proposed
rule although not required by the provisions of this subsection;
provided, that notice of such hearing shall be published in “The
Oklahoma Register” at least thirty (30) days prior to such hearing.
D. 1. Except as otherwise provided in this subsection, an
agency shall issue a rule impact statement of a proposed rule prior
to or within fifteen (15) days after the date of publication of the
notice of proposed rule adoption. The rule impact statement may be
ENR. H. B. NO. 2728 Page 22
modified after any hearing or comment period afforded pursuant to
the provisions of this section.
2. The agency shall consult with counties, municipalities, and
school boards, as necessary, when preparing the rule impact
statement of a proposed rule which increases or decreases the
revenue of counties, cities, or school districts, or imposes
functions or responsibilities on such entities which may increase
the expenditures or fiscal liability of the entity. The agency
shall consult and solicit information from businesses, business
associations, local government units, state agencies, or members of
the public that may be affected by the proposed rule or that may
provide relevant information to the agency.
3. Except as otherwise provided in this subsection, the rule
impact statement shall include, but not be limited to:
a. a statement of the need for the rule and legal basis
supporting it,
b. a classification of the rule as major or nonmajor,
with a justification for the classification, including
an estimate of the total annual implementation and
compliance costs that are reasonably expected to be
incurred by or passed along to businesses, state or
local government units, or individuals and a
determination of whether those costs will exceed One
Million Dollars ($1,000,000.00) over the initial five-
year period following the promulgation of the proposed
rule. Provided, if the costs exceed One Million
Dollars ($1,000,000.00), the agency shall classify the
rule as a major rule,
c. a brief description of the purpose of the proposed
rule, including a determination of whether the
proposed rule is mandated by federal law, or as a
requirement for participation in or implementation of
a federally subsidized or assisted program, and
whether the proposed rule exceeds the requirements of
the applicable federal law,
b.
d. a description of the classes of persons who most
likely will be affected by the proposed rule,
ENR. H. B. NO. 2728 Page 23
including classes that will bear the costs of the
proposed rule, and any information on cost impacts
received by the agency from any private or public
entities,
c.
e. a description of the classes of persons who will
benefit from the proposed rule,
d. a description of the probable
f. a comprehensive analysis of the rule’s economic impact
of the proposed rule upon affected classes of persons
or political subdivisions, including any anticipated
impacts on the full-time-employee count of the agency,
any costs or benefits, and a detailed quantification
of implementation and compliance costs on the affected
businesses, business sectors, public utility
ratepayers, individuals, state or local government
units, and on the state economy as a whole. The
analysis shall include a listing of all fee changes
and, whenever possible, a separate justification for
each fee change,
e. the probable costs and benefits to the agency and to
any other agency of the implementation and enforcement
of the proposed rule, the source of revenue to be used
for implementation and enforcement of the proposed
rule, and any anticipated effect on state revenues,
including a projected net loss or gain in such
revenues if it can be projected by the agency,
f.
g. a detailed explanation of the methodology and
assumptions used to determine the economic impact,
including the dollar amounts calculated,
h. a determination of whether implementation of the
proposed rule will have an economic impact on any
political subdivisions or require their cooperation in
implementing or enforcing the rule,
g.
ENR. H. B. NO. 2728 Page 24
i. a determination of whether implementation of the
proposed rule may have an adverse economic effect on
small business as provided by the Oklahoma Small
Business Regulatory Flexibility Act,
h. an explanation of the measures the agency has taken to
minimize compliance costs and a determination of
whether there are less costly or nonregulatory methods
or less intrusive methods for achieving the purpose of
the proposed rule
j. any measures taken by the agency to minimize the cost
and impact of the proposed rule on business and
economic development in this state, local government
units of this state, and individuals,
i.
k. a determination of the effect of the proposed rule on
the public health, safety, and environment and, if the
proposed rule is designed to reduce significant risks
to the public health, safety, and environment, an
explanation of the nature of the risk and to what
extent the proposed rule will reduce the risk,
j.
l. a determination of any detrimental effect on the
public health, safety, and environment if the proposed
rule is not implemented, and
k.
m. the date the rule impact statement was prepared and,
if modified, the date modified.
3. 4. To the extent an agency for good cause finds the
preparation of a rule impact statement or the specified contents
thereof are unnecessary or contrary to the public interest in the
process of adopting a particular nonmajor rule, the agency may
request the Governor to waive such requirement. Such request shall
be in writing and shall state the agency’s findings and the
justification for such findings. Upon request by an agency, the
Governor may also waive the rule impact statement requirements for a
ENR. H. B. NO. 2728 Page 25
nonmajor rule if the agency is required to implement a statute or
federal requirement that does not require an agency to interpret or
describe the requirements, such as federally mandated provisions
which afford the agency no discretion to consider less restrictive
alternatives. If the Governor fails to waive such requirement, in
writing, prior to publication of the notice of the intended
rulemaking action, the rule impact statement shall be completed.
The determination to waive the rule impact statement shall not be
subject to judicial review.
4. The rule shall not be invalidated on the ground that the
contents of the rule impact statement are insufficient or
inaccurate.
E. Upon completing the requirements of this section, an agency
may adopt a proposed rule. No rule is valid unless adopted in
substantial compliance with the provisions of this section.
SECTION 8. AMENDATORY 75 O.S. 2021, Section 308, as
amended by Section 5, Chapter 38, O.S.L. 2023 (75 O.S. Supp. 2024,
Section 308), is amended to read as follows:
Section 308. A. Upon receipt of any proposed permanent rules,
the Speaker of the House of Representatives and the President Pro
Tempore of the Senate shall assign such rules to the appropriate
committees of each house of the Legislature for review. Except as
otherwise provided by this section:
1. If such rules are received on or before April 1 February 1,
the Legislature shall have until the last day of the regular
legislative session of that year to review such rules. Provided,
proposed permanent rules for consideration by the 2nd Session of the
59th Legislature shall be submitted on or before March 1. For each
legislative session thereafter, proposed permanent rules shall be
submitted on or before February 1 of the given year; and
2. If such rules are received after the date established
pursuant to paragraph 1 of this subsection, the Legislature shall
have until the last day of the regular legislative session of the
next year to act on such rules.
B. By the adoption of joint resolutions during the review
period specified in subsection A of this section, the Legislature
may disapprove or approve any rule and disapprove all or part of a
rule or rules.
ENR. H. B. NO. 2728 Page 26
C. Unless otherwise authorized by the Legislature, whenever a
rule is disapproved as provided in subsection B of this section, the
agency adopting such rules shall not have authority to resubmit an
identical rule, except during the first sixty (60) calendar days of
the next regular legislative session. Any effective emergency rule
which would have been superseded by a disapproved permanent rule
shall be deemed null and void on the date the Legislature
disapproves the permanent rule. Rules may be disapproved in part or
in whole by the Legislature. Upon enactment of any joint resolution
disapproving a rule, the agency shall file notice of such
legislative disapproval with the Secretary of State for publication
in “The Oklahoma Register”.
D. Unless otherwise provided by specific vote of the
Legislature, joint resolutions introduced for purposes of
disapproving or approving a rule or the omnibus joint resolution
described in Section 308.3 of this title shall not be subject to
regular legislative cutoff dates, shall be limited to such
provisions as may be necessary for disapproval or approval of a
rule, and any such other direction or mandate regarding the rule
deemed necessary by the Legislature. The resolution shall contain
no other provisions.
E. A proposed permanent rule shall be deemed finally adopted
if:
1. Approved by the Legislature pursuant to Section 308.3 of
this title, provided that any such joint resolution becomes law in
accordance with Section 11 of Article VI of the Oklahoma
Constitution;
2. Approved by a joint resolution pursuant to subsection B of
this section, provided that any such resolution becomes law in
accordance with Section 11 of Article VI of the Oklahoma
Constitution; or
3. Disapproved by a joint resolution pursuant to subsection B
of this section or Section 308.3 of this title which has been vetoed
by the Governor in accordance with Section 11 of Article VI of the
Oklahoma Constitution and the veto has not been overridden.
Provided, major rules shall be addressed in one or more joint
resolutions only addressing major rules, regardless of if the joint
resolution is to approve or disapprove such rules.
ENR. H. B. NO. 2728 Page 27
F. Prior to final adoption of a rule, an agency may withdraw a
rule from legislative review. Notice of such withdrawal shall be
given to the Governor, the Speaker of the House of Representatives,
the President Pro Tempore of the Senate, and to the Secretary of
State for publication in “The Oklahoma Register”.
G. An agency may promulgate an emergency rule only pursuant to
Section 253 of this title.
H. Any rights, privileges, or interests gained by any person by
operation of an emergency rule, shall not be affected by reason of
any subsequent disapproval or rejection of such rule by either house
of the Legislature.
SECTION 9. This act shall become effective July 1, 2025.
SECTION 10. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
ENR. H. B. NO. 2728 Page 28
Passed the House of Representatives the 14th day of May, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the 1st day of May, 2025.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________