Emergency Rules

Emergency rules are exceptions to the regular permanent administrative rule-making process for state agencies, boards and commissions. As set out by Title 75, Section 253 of Oklahoma Statutes, emergency rules may be promulgated if an agency can establish that the rule is required to:

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.

The Governor has 45 days to approve or reject an emergency rule request. If the Governor approves a rule, it takes immediate effect and remains in effect until the first day of the next legislative session, or no later than September 15th if in effect during the legislative session. Emergency rules can be disapproved by the Legislature or superseded by the promulgation of permanent rules.

Agencies may not establish or raise fees by emergency rule while the Legislature is not in session, with limited exceptions.

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