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 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 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, (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, (5) a description of the classes of persons who will benefit from the proposed rule, (6) a comprehensive analysis of the rule’s economic impact, 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, (7) a detailed explanation of the methodology and assumptions used to determine the economic impact, including the dollar amounts calculated, (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, (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, (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, (12) a determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented, and 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. 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. 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 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 308.3 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 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. Added by Laws 1961, p. 603, § 3. Amended by Laws 1987, c. 207, § 6; Laws 1988, c. 292, § 7, emerg. eff. July 1, 1988; Laws 1989, c. 360, § 7, emerg. eff. June 3, 1989; Laws 1990, c. 300, § 8, eff. July 1, 1991; Laws 1991, c. 326, § 6, eff. July 1, 1991; Laws 1992, c. 310, § 3, emerg. eff. May 27, 1992; Laws 1994, c. 182, § 2, eff. July 1, 1994; Laws 1994, c. 384, § 5, eff. July 1, 1994; Laws 1996, c. 225, § 1, eff. Nov. 1, 1996; Laws 1997, c. 206, § 12, eff. Nov. 1, 1997; Laws 1998, c. 239, § 5, eff. Nov. 1, 1998; Laws 1999, c. 211, § 1, eff. Nov. 1, 1999; Laws 2010, c. 174, § 2, eff. Nov. 1, 2010; Laws 2013, c. 357, § 3, eff. Nov. 1, 2013; Laws 2021, c. 11, § 7, eff. Sept. 1, 2021; Laws 2023, c. 38, § 2, emerg. eff. April 20, 2023;
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