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OK HB2852
Bill
Status
4/27/2010
Primary Sponsor
George Faught
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AI Summary
HB 2852 Summary
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Amends the Administrative Procedures Act (75 O.S. 2001, Sections 250.3 and 253) to modify definitions and add new terms including "emergency rule," "permanent rule," and clarifications to existing regulatory terminology.
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Establishes new criteria for emergency rule adoption requiring Governor approval based on substantial evidence that the rule is necessary to: protect public health/safety/welfare, comply with legal deadlines, avoid violations of federal or state law, prevent budget reductions, or avoid serious public prejudice.
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Requires emergency rules to include a detailed rule impact statement covering economic effects, affected parties, cost-benefit analysis, small business impacts, and alternatives unless waived by the Governor in writing.
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Mandates emergency rules be transmitted to the Governor, Speaker of the House, and President Pro Tempore of the Senate within 10 days of adoption, with the Governor having 45 calendar days to approve or disapprove based on whether the rule is clear, within agency authority, and compliant with the Administrative Procedures Act.
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Emergency rules remain effective from Governor approval through July 14 following the next legislative session unless disapproved by the Legislature, superseded by permanent rules, or made ineffective by other means specified in law.
Legislative Description
Statutes and reports; Administrative Procedures Act; modifying definitions; defining terms; modifying procedure for emergency rules. Effective date.
Professions and Occupations
Last Action
Approved by Governor 04/26/2010
4/27/2010