Administrative Procedures Act; creating the Guidance Transparency Act; requiring certain agencies to make guidance documents available for public inspection. Effective date.

An Act
ENROLLED SENATE
BILL NO. 1433 By: Bergstrom and Jett of the
Senate

and

Hall of the House

An Act relating to the Administrative Procedures Act;
creating the Guidance Transparency Act; providing
short title; amending 75 O.S. 2021, Section 250.3, as
last amended by Section 5, Chapter 258, O.S.L. 2025
(75 O.S. Supp. 2025, Section 250.3), which relates to
defined terms under the Administrative Procedures
Act; defining term; conforming language; amending 75
O.S. 2021, Section 250.4a, which relates to certain
exemption under the Administrative Procedures Act;
requiring certain agencies to make guidance documents
available for public inspection; amending 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),
which relates to creation of the Office of
Administrative Rules; requiring certain agencies to
electronically submit certain guidance documents on
certain basis; requiring publication of documents in
certain form; requiring documents to include certain
information; amending 75 O.S. 2021, Section 302,
which relates to duties of rulemaking agencies;
requiring agencies to make all guidance documents
available for public inspection; updating statutory
language; providing for noncodification; and
providing an effective date.

SUBJECT: Administrative Procedures Act

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

ENR. S. B. NO. 1433 Page 2
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 5, Chapter 258, O.S.L. 2025 (75 O.S. Supp.
2025, 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, interstate commission, or any
instrumentality thereof, 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:

ENR. S. B. NO. 1433 Page 3
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. b. 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. “Guidance document” means:

a. (1) 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 not be limited to, a memorandum,
notice, bulletin, directive, letter, or no-action
letter, or

(2) 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

ENR. S. B. NO. 1433 Page 4
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.

b. The term guidance document shall be construed broadly
to effectuate the purpose and intent of the
Administrative Procedures 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 agency 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
has been duly appointed by an agency to hold hearings and, as
required, render orders or proposed orders;

8. 9. “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
monitoring and reporting, and any other costs to comply with the
requirements of the proposed rule;

9. 10. “Individual proceeding” means the formal process
employed by an agency having jurisdiction by law to resolve issues

ENR. S. B. NO. 1433 Page 5
of law or fact between parties and which results in the exercise of
discretion of a judicial nature;

10. 11. “License” includes the whole or part of any agency
permit, certificate, approval, registration, charter, or similar
form of permission required by law;

11. 12. “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. 13. “Nonmajor rule” means any rule that is not a major
rule;

13. 14. “Office” means the Office of the Secretary of State;

14. 15. “Order” means all or part of a formal or official
decision made by an agency including, but not limited to, final
agency orders;

15. 16. “Party” means a person or agency named and
participating, or properly seeking and entitled by law to
participate, in an individual proceeding;

16. 17. “Permanent rule” means a rule that is made pursuant to
Section 303 of this title;

17. 18. “Person” means any individual, partnership,
corporation, association, governmental subdivision, or public or
private organization of any character other than an agency;

18. 19. “Political subdivision” means a county, city,
incorporated town, or school district within this state;

19. 20. “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;

ENR. S. B. NO. 1433 Page 6

20. 21. “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;

21. 22. “Rulemaking” means the process employed by an agency
for the formulation of a rule;

22. 23. “Secretary” means the Secretary of State; and

23. 24. “Small business” means a for-profit enterprise
consisting of fifty or fewer full-time or part-time employees; and

24. “Technical legal defect” means an error that would
otherwise invalidate an action by a court of law.

ENR. S. B. NO. 1433 Page 7

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.

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. Each agency subject to the provisions of Article I and
Article II of the Administrative Procedures Act shall electronically
submit all guidance documents to the Secretary on a quarterly basis.
The Secretary shall publish the guidance documents in an electronic,
indexed, searchable form. The published guidance documents shall
include the following:

ENR. S. B. NO. 1433 Page 8
1. A notification that the guidance documents lack the full
force and effect of law, except as authorized by law or as
incorporated into a contract or binding legal decision; and

2. Information regarding amendments to or rescission of
guidance documents by an agency or federal agency. An original
guidance document shall remain on the website for the Office of
Administrative Rules, and within fifteen days of an amendment or
rescission, the agency shall submit to the Secretary a notice that
the document has been amended or rescinded, the date of such action,
the reason for the amendment or rescission, and any amended guidance
document. The notice shall be published within fifteen (15) days of
receipt by the Secretary.

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
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, all 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; and

4. Make available for public inspection pursuant to the
provisions of the Oklahoma 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

ENR. S. B. NO. 1433 Page 9
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,

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.

ENR. S. B. NO. 1433 Page 10
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
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 United States Constitution of
the United States, the Oklahoma Constitution, or a statute, expand
or limit a right guaranteed by the United States Constitution of the
United States, the Oklahoma Constitution, a statute, or a rule.

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

ENR. S. B. NO. 1433 Page 11
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.

ENR. S. B. NO. 1433 Page 12
Passed the Senate the 17th day of March, 2026.

Presiding Officer of the Senate

Passed the House of Representatives the 28th day of April, 2026.

Presiding Officer of the House
of Representatives

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: _________________________________