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ENGROSSED HOUSE
BILL NO. 3281 By: Hall, Crosswhite Hader, and
Kendrix of the House
and
Bergstrom of the Senate
An Act relating to the Administrative Procedures Act;
enacting the Guidance Transparency Act; amending 75
O.S. 2021, Sections 250.3, as last amended by Section
1, Chapter 420, O.S.L. 2025, 250.4a, 250.9, as
amended by Section 1, Chapter 7, O.S.L. 2024, and 302
(75 O.S. Supp. 2025, Sections 250.3 and 250.9), which
relate to definitions and other provisions; modifying
definitions; providing for public inspection of
guidance documents; providing for submission of
guidance documents; prescribing requirements for
publication; providing for noncodification; and
providing an effective date.
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 "Guidance
Transparency Act".
SECTION 2. AMENDATORY 75 O.S. 2021, Section 250.3, as
last amended by Section 1, Chapter 420, O.S.L. 2025 (75 O.S. Supp.
2025, Section 250.3), is amended to read as follows:
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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 board, bureau, commission, office,
authority, public trust in which the state is a beneficiary, or
interstate commission, except:
a. the Legislature or any branch, committee or officer
thereof, and
b. the courts;
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:
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a. 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
b. disapproved by a joint resolution pursuant to
subsection B of Section 308 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. "Guidance document" means:
a. an agency statement of general applicability that is
not a major rule or a nonmajor rule and is designated
by an agency official or employee as setting forth an
authoritative or official policy or interpretation on
a statutory, regulatory, or technical issue. A
guidance document may include, but is not limited to,
a memorandum, notice, bulletin, directive, letter, or
no-action letter,
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b. a federal agency statement of general applicability
that is designated by an agency official or employee
as setting forth an authoritative or official policy
or interpretation on a statutory, regulatory, or
technical issue. A guidance document may include, but
is not limited to, a memorandum, notice, bulletin,
directive, letter, or no-action letter,
c. the term guidance document shall be construed broadly
to effectuate the purpose and intent of this act and
includes any authoritative or official statement or
position, whether designated by the agency as binding
or nonbinding, but shall not include:
(1) correspondence related to agency organization,
procedure, or practice,
(2) agency adjudications decided under state or
federal law,
(3) internal correspondence not intended to have a
substantial future effect on the behavior of
regulated parties, or
(4) internal executive branch legal advice or legal
opinions addressed to executive branch officials;
8. "Hearing examiner" means a person meeting the qualifications
specified by Article II of the Administrative Procedures Act and who
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has been duly appointed by an agency to hold hearings and, as
required, render orders or proposed orders;
8. 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;
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;
10. 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;
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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
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
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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; and
20. 23. "Small business" means a for-profit enterprise
consisting of fifty or fewer full-time or part-time employees.
SECTION 3. AMENDATORY 75 O.S. 2021, Section 250.4A, is
amended to read as follows:
Section 250.4A. Any agency exempt from all or part of the
Administrative Procedures Act pursuant to subsection A of Section
250.4 of this title shall maintain and make available for public
inspection its exempt rules and all guidance documents at its
principal place of business and on any website associated with the
agency.
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SECTION 4. AMENDATORY 75 O.S. 2021, Section 250.9, as
amended by Section 1, Chapter 7, O.S.L. 2024 (75 O.S. Supp. 2025,
Section 250.9), is amended to read as follows:
Section 250.9. A. There is hereby established an Office of
Administrative Rules within the Office of the Secretary of State.
The Office of Administrative Rules shall have the primary
responsibility for publishing "The Oklahoma Register" and the
"Oklahoma Administrative Code" and otherwise implementing the
provisions of Article I of the Administrative Procedures Act. The
Secretary of State shall provide for the adequate staffing of the
Office to implement the provisions of this section including but not
limited to an editor in chief.
B. The Secretary shall cause to be published in electronic
form, and may cause to be published in printed form, at the least
cost possible to the state, the "Oklahoma Administrative Code" and
"The Oklahoma Register". In the event of any discrepancy between
the electronic and printed form of the Code or "The Oklahoma
Register", the electronic form shall prevail unless it is
conclusively shown, by reference to the rulemaking filings made with
the Secretary, that the electronic form contains an error in
publication.
C. Every agency subject to the provisions of Article I and
Article II of the Administrative Procedures Act shall submit all
guidance documents to the Secretary on a quarterly basis, which the
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Secretary shall cause to be published in an electronic, indexed,
searchable form, whether submitted electronically or not by the
agency.
1. The website shall state that guidance documents lack the
force and effect of law, except as authorized by law or as
incorporated into a contract or binding legal decision.
2. If a guidance document is amended or rescinded by an agency
or federal agency, the original guidance document shall remain on
the website where it has been published by the Office of
Administrative Rules, and, within fifteen (15) days of such
amendment or rescission, the agency shall submit to the Secretary a
notice that the document has been amended or rescinded, indicating
the date, the reason for the amendment or rescission, and providing
the amended guidance document.
3. This notice, within fifteen (15) days of receipt by the
Secretary, shall be published alongside the initial guidance
document.
SECTION 5. AMENDATORY 75 O.S. 2021, Section 302, is
amended to read as follows:
Section 302. A. In addition to other rulemaking requirements
imposed by law, each agency which has rulemaking authority, shall:
1. Promulgate as a rule a description of the organization of
the agency, stating the general course and method of the operations
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of the agency and the methods whereby the public may obtain
information or make submissions or requests;
2. Promulgate rules of practice setting forth the nature and
requirements of all formal and informal procedures available,
including a description of all forms and instructions issued by the
agency for use by the public;
3. Make available for public inspection all rules, guidance
documents and all other written statements of policy or
interpretations formulated, adopted, promulgated or used by the
agency in the discharge of its functions;
4. Make available for public inspection pursuant to the
provisions of the Open Records Act all final orders, decisions and
opinions.
B. 1. An agency shall maintain an official rulemaking record
for each proposed rule or promulgated rule. The record and
materials incorporated by reference shall be available for public
inspection.
2. The agency rulemaking record shall contain:
a. copies of all publications in "The Oklahoma Register"
with respect to the rule or the proceeding upon which
the rule is based,
b. copies of any portions of the agency's public
rulemaking docket containing entries relating to the
rule or the proceeding upon which the rule is based,
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c. all written petitions, requests, submissions, and
comments received by the agency and all other written
materials considered by the agency in connection with
the formulation, proposal, or adoption of the rule or
the proceeding upon which the rule is based,
d. any official transcript of oral presentations made in
the proceeding upon which the rule is based or, if not
transcribed, any tape recording or stenographic record
of those presentations, and any memorandum prepared by
a presiding official summarizing the contents of those
presentations,
e. a copy of any regulatory analysis prepared for the
proceeding upon which the rule is based,
f. a copy of the rule and analysis of each such rule
filed with the Office pursuant to Section 251 of this
title,
g. all petitions for exceptions to, amendments of, or
repeal or suspension of, the rule,
h. a copy of the rule impact statement, if made, and
i. such other information concerning such rules as may be
determined necessary by the agency.
3. Upon judicial review, the record required by this section
constitutes the official agency rulemaking record with respect to a
rule. Except as otherwise required by a provision of law, the
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agency rulemaking record need not constitute the exclusive basis for
agency action on that rule or for judicial review thereof.
C. 1. By December 31, 2002, each agency that issues precedent-
setting orders shall maintain and index all such orders that the
agency intends to rely upon as precedent. The index and the orders
shall be available for public inspection and copying in the main
office and each regional or district office of the agency. The
orders shall be indexed by subject.
2. After December 31, 2002, an order shall not be relied upon
as precedent by an agency to the detriment of any person until it
has been made available for public inspection and indexed in the
manner described in this subsection.
3. An agency shall consistently apply rules to each person
subject to the jurisdiction of the agency regarding issuance of
orders.
D. An agency shall not by internal policy, memorandum, or other
form of action not otherwise authorized by the Administrative
Procedures Act:
1. Amend, interpret, implement, or repeal a statute or a rule;
2. Expand upon or limit a statute or a rule; and
3. Except as authorized by the Constitution of the United
States, the Oklahoma Constitution or a statute, expand or limit a
right guaranteed by the Constitution of the United States, the
Oklahoma Constitution, a statute, or a rule.
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E. Any agency memorandum, internal policy, or other form of
action violative of this section or the spirit thereof is null,
void, and unenforceable.
F. This section shall not be construed to prohibit an agency
issuing an opinion or administrative decision which is authorized by
statute provided that, unless such opinion or administrative
decision is issued pursuant to the procedures required pursuant to
the Administrative Procedures Act, such decision or opinion shall
not have the force and effect of law.
SECTION 6. This act shall become effective November 1, 2026.
Passed the House of Representatives the 18th day of February,
2026.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2026.
Presiding Officer of the Senate