Legislature determines rule (Oklahoma) · Go Syfert
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Legislature determines rule in Oklahoma

6 Oklahoma opinions name it 1 courts 1996–2016 0 in the last five years

The cases below were cited by Oklahoma courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Estes v. ConocoPhillips Co.green
okla · 2008 · cited in 4 Oklahoma opinions naming this issue, 2016–2016
2 sentences

2016The right to disapprove a proposed permanent, promulgated or emergency rule at any time if the Legislature determines such rule to be an imminent harm to the health, safety or welfare of the public or the state or if the Legislature determines that a rule is not consistent with legislative intent. 24 See Estes v. Conoco Phillips Co. , 2008 OK 21, ¶ 10 , 184 P.3d 518, 523 ("Pursuant to the Administrative Procedures Act, 75 O.S. 2001 §§250-323, the Legislature may delegate rulemaking authority to agencies, boards, and commissions to facilitate the administration of legislative policy.

2016The right to disapprove a proposed permanent, promulgated or emergency rule at any time if the Legislature determines such rule to be an imminent harm to the health, safety or welfare of the public or the state or if the Legislature determines that a rule is not consistent with legislative intent. 24 See Estes v. Conoco Phillips Co. , 2008 OK 21, ¶ 10 , 184 P.3d 518, 523 ("Pursuant to the Administrative Procedures Act, 75 O.S. 2001 §§250-323, the Legislature may delegate rulemaking authority to agencies, boards, and commissions to facilitate the administration of legislative policy.

44
Been v. O.K. Industries, Inc.green
ca10 · 2007 · cited in 2 Oklahoma opinions naming this issue, 2016–2016
2 sentences

2016Administrative rules are valid expressions of lawmaking powers having the force and effect of law.]; See Chevron , U.S.A , Inc . v. NRDC , 467 U.S. 837, 104 S.Ct. 2778, 81 L.ED.2d 694 for discussion of the controlling weight given to an administrative agency and administrative agency's power and necessity to formulate policy and fill any gaps left implicitly or explicitly by Congress; Been v. O.K Industries , Inc ., 495 F.3d 1217, 1226 [Regulations promulgated by an agency exercising its congressionally granted rule-making authority are entitled to Chevron deference and have the ful force of l

2016Administrative rules are valid expressions of lawmaking powers having the force and effect of law.]; See Chevron , U.S.A , Inc . v. NRDC , 467 U.S. 837 , 104 S.Ct. 2778 , 81 L.ED.2d 694 for discussion of the controlling weight given to an administrative agency and administrative agency's power and necessity to formulate policy and fill any gaps left implicitly or explicitly by Congress; Been v. O.K Industries , Inc ., 495 F.3d 1217, 1226 [Regulations promulgated by an agency exercising its congressionally granted rule-making authority are entitled to Chevron deference and have the ful force of

22
Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.red
scotus · 1984 · cited in 2 Oklahoma opinions naming this issue, 2016–2016
2 sentences

2016Administrative rules are valid expressions of lawmaking powers having the force and effect of law.]; See Chevron , U.S.A , Inc . v. NRDC , 467 U.S. 837 , 104 S.Ct. 2778 , 81 L.ED.2d 694 for discussion of the controlling weight given to an administrative agency and administrative agency's power and necessity to formulate policy and fill any gaps left implicitly or explicitly by Congress; Been v. O.K Industries , Inc ., 495 F.3d 1217, 1226 [Regulations promulgated by an agency exercising its congressionally granted rule-making authority are entitled to Chevron deference and have the ful force of

2016Administrative rules are valid expressions of lawmaking powers having the force and effect of law.]; See Chevron , U.S.A , Inc . v. NRDC , 467 U.S. 837 , 104 S.Ct. 2778 , 81 L.ED.2d 694 for discussion of the controlling weight given to an administrative agency and administrative agency's power and necessity to formulate policy and fill any gaps left implicitly or explicitly by Congress; Been v. O.K Industries , Inc ., 495 F.3d 1217, 1226 [Regulations promulgated by an agency exercising its congressionally granted rule-making authority are entitled to Chevron deference and have the ful force of

22
Long v. Dickgreen
ariz · 1959 · cited in 1 Oklahoma opinions naming this issue, 1996–1996
2 sentences

1996Jackson (died before confirmation completed); and Ken Breeding. [20] Long v. Dick, 87 Ariz. 25 , 347 P.2d 581, 583-84 (1959). [21] Title 75 O.S.Supp. 1992 § 250.2(B)(4) provides: "The right to approve, delay, suspend, veto, or amend the implementation of any rule or proposed rule while under review by the Legislature by joint resolution." [22] Title 75 O.S.Supp. 1992 § 250.2(B)(6) provides: "The right to disapprove a permanent or emergency rule at any time if the Legislature determines such rule to be an imminent harm to the health, safety or welfare of the public or the state or if the Legisl

1996Jackson (died before confirmation completed); and Ken Breeding. [20] Long v. Dick, 87 Ariz. 25 , 347 P.2d 581, 583-84 (1959). [21] Title 75 O.S.Supp. 1992 § 250.2(B)(4) provides: "The right to approve, delay, suspend, veto, or amend the implementation of any rule or proposed rule while under review by the Legislature by joint resolution." [22] Title 75 O.S.Supp. 1992 § 250.2(B)(6) provides: "The right to disapprove a permanent or emergency rule at any time if the Legislature determines such rule to be an imminent harm to the health, safety or welfare of the public or the state or if the Legisl

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Oklahoma. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Peterson v. Oklahoma Tax Commission green
okla · 1964
2 sentences

2009Any 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." [15] McClure v. ConocoPhillips Co., see note 7, supra; Walker v. Group Health Servs., Inc., see note 8, supra; First of McAlester Corp. v. Oklahoma Tax Comm'n, 1985 OK 52, ¶ 14 , 709 P.2d 1026 ; Peterson v. Oklahoma Tax Comm'n, 1964 OK 78, ¶ 16 , 395 P.2

2009Any 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." [15] McClure v. ConocoPhillips Co., see note 7, supra; Walker v. Group Health Servs., Inc., see note 8, supra; First of McAlester Corp. v. Oklahoma Tax Comm'n, 1985 OK 52, ¶ 14 , 709 P.2d 1026 ; Peterson v. Oklahoma Tax Comm'n, 1964 OK 78, ¶ 16 , 395 P.2

12009–2009
First of McAlester Corp. v. Oklahoma Tax Commission green
okla · 1985
2 sentences

2009Any 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." [15] McClure v. ConocoPhillips Co., see note 7, supra; Walker v. Group Health Servs., Inc., see note 8, supra; First of McAlester Corp. v. Oklahoma Tax Comm'n, 1985 OK 52, ¶ 14 , 709 P.2d 1026 ; Peterson v. Oklahoma Tax Comm'n, 1964 OK 78, ¶ 16 , 395 P.2

2009Any 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." [15] McClure v. ConocoPhillips Co., see note 7, supra; Walker v. Group Health Servs., Inc., see note 8, supra; First of McAlester Corp. v. Oklahoma Tax Comm'n, 1985 OK 52, ¶ 14 , 709 P.2d 1026 ; Peterson v. Oklahoma Tax Comm'n, 1964 OK 78, ¶ 16 , 395 P.2

12009–2009

Where else courts name it

OK 6 (1996–2016) TX 2 (2020–2020)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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