SECTION 655:10-5-15. Incorporations by reference

  For purposes of this Section, "standards" shall mean the published standards [or rules] established by organizations and technical societies of recognized national standing, other state agencies, or federal agencies [75:251(D)].

(1)   Lengthy standards. When imposing standards of recognized organizations and technical societies, or state or federal agencies, the preferred method is to rewrite the standards as part of the rule. However, if the standard is lengthy, in order to avoid unnecessary expense, an agency may … incorporat[e] the standards … in its rules … by reference … without reproducing the standards in full [75:251(D)]. The agency rule which incorporates the standards shall identify the specific issue or issues of publications in which the standards are published [75:251(D)].

(2)   Text not submitted. Agencies submitting rules which incorporate standards by reference should not submit the text of such standards for publication.

(3)   Availability to public. The standards shall be readily available to the public for examination at the administrative offices of the agency. [75:251(D)] The agency shall cite the hours when and the place where the standards are available to the public for examination. Such citation shall appear in the preamble [see 655:10-7-11(b)(6)]. A copy of such standards shall be kept and maintained by the agency pursuant to the provisions of the Preservation of Essential Records Act. [75:251(D)]

(4)   Future amendments. Agencies may not incorporate by reference standards as they may be amended in the future. If the standard is updated, the agency may update the rule to reflect the updated standards only by promulgating another rule, or an amendment to the existing rule, which incorporates the new material.

[Source: Amended at 9 Ok Reg 2983, eff 7-13-92]