SECTION 612:3-5-2. Definitions

  The following words or terms, when used in this Subchapter, shall have the following meaning unless the context clearly indicates otherwise:

"APA" means the Administrative Procedures Act, 75 O.S., Sections 250 et seq.

"Amendment" means a revision to an existing Section of policy which adds, modifies, or deletes characters, words, phrases, sentences, or punctuation.

"Code" means the Oklahoma Administrative Code, which is the official compilation of codified rules authorized by 75 O.S., Section 256.

"Codified" means accepted for inclusion in the Oklahoma Administrative Code.

"Emergency rule" means a temporary rule promulgated because the agency documents that the rule is needed to respond to an imminent peril to the preservation of the public health, safety, welfare, or other compelling extraordinary circumstances.

"OAC" means the Oklahoma Administrative Code authorized by 75 O.S., Section 256.

"OAR" means the Office of Administrative Rules within the Office of the Secretary of State. The OAR has primary responsibility for implementing the provisions of Article I of the Administrative Procedures Act.

"Proposed policy" means a Department statement that implements, interprets, or prescribes procedure or practice requirements of the Department that is ready for submittal to the Oklahoma Commission for Rehabilitation Services.

"Permanent rule" means a rule which has been reviewed and approved by the Governor and the Legislature prior to promulgation and implementation of the rule.

"Proposed rule" means an emergency or permanent rule prior to final adoption in accordance with the APA.

"Register" means the publication maintained by the OAR which contains actions concerning and contents of rules and executive orders, and known as the Oklahoma Register.

"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 includes the amendment or revocation of an effective rule. The term 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;

(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 75 O.S., Section 306; or

(E)   orders resulting from individual proceedings.

"Rulemaking action" means any procedure, except executive orders and local project funding contract announcements, which must be published in the Register or Code under the APA, including:

(A)   Notice of rulemaking intent.

(B)   Notice of canceled hearing or comment period.

(C)   Notice of continued hearing or comment period.

(D)   Final adoption of a new permanent rule or of a permanent amendment to or revocation of an existing rule.

(E)   Promulgation of a new emergency rule or of an emergency amendment to or emergency revocation of an existing permanent rule.

(F)   Submission of a permanent rule for gubernatorial and legislative review.

(G)   Approval of a permanent rule by the Governor.

(H)   Disapproval of a permanent rule by the Governor.

(I)   Disapproval of a rule by the Legislature.

(J)   Withdrawal of a rule from the rulemaking process.

(K)   Notice of error in published document.

"Rulemaking entity" means the board or commission, in this case the Oklahoma Commission for Rehabilitation Services, authorized to adopt and promulgate rules as defined in 75 O.S., Section 250.3(2).

[Source: Added at 14 Ok Reg 1428, eff 7-1-97]