A. Article V of the Oklahoma Constitution vests in the Legislature the power to make laws, and thereby to establish agencies and to designate agency functions, budgets and purposes. Article VI of the Oklahoma Constitution charges the Executive Branch of Government with the responsibility to implement all measures enacted by the Legislature. B. In creating agencies and designating their functions and purposes, the Legislature may delegate rulemaking authority to executive branch agencies to facilitate administration of legislative policy. The delegation of rulemaking authority is intended to eliminate the necessity of establishing every administrative aspect of general public policy by legislation. In so doing, however, the Legislature reserves to itself: 1. The right to retract any delegation of rulemaking authority unless otherwise precluded by the Oklahoma Constitution; 2. The right to establish any aspect of general policy by legislation, notwithstanding any delegation of rulemaking authority; 3. The right and responsibility to designate the method for rule promulgation, review, repeal and modification;
4. The right to approve or disapprove or repeal any adopted rule by joint resolution; and 5. The 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. Added by Laws 1987, c. 207, § 3. Amended by Laws 1991, c. 326, § 1, eff. July 1, 1991; Laws 1992, c. 310, § 1, eff. July 1, 1992; Laws 2013, c. 357, § 1, eff. Nov. 1, 2013; Laws 2021, c. 11, § 1, eff. Sept. 1, 2021.
Notes of Decisions
McClure v. ConocoPhillips Co., 2006 OK 42 (Okla. 2006).
· cites it 3× “A sample shall be collected in sufficient quantity for splitting into two separate specimens, pursuant to rules of the State Board of Health, to provide for any subsequent independent analysis in the event of challenge of the test results of the main specimen .”
Cox v. Dawson, 911 P.2d 272 (Okla. 1996).
· cites it 4× “" [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 Legislature determines…”
Cole v. State Ex Rel. Dept. of Pub. Saf., 2020 OK 67 (Okla. 2020).
“The purpose of this delegation is to eliminate the necessity of establishing every administrative aspect of general public policy by legislation. See 27 O.S.2011, § 250.”
Lockett v. Evans, 2014 OK 34 (Okla. 2014).
“75 O.S. §250.2. It was the intent, purpose and object of the Legislature, in enacting it, to provide a Uniform system of regulations concerning administrative procedures in and before, and judicial review of the actions of, all state boards, commissions, departments,…”
Massengale v. Oklahoma Bd. of Examiners in Optometry, 2001 OK 55 (Okla. 2001).
“" The Legislature may delegate rule making authority to agencies, boards and commissions to facilitate the administration of legislative policy pursuant to the Administrative Procedures Act, 75 O.”
Sw. Bell Tel. Co. v. Oklahoma Corp. Comm'n, 873 P.2d 1001 (Okla. 1994).
“I rulemaking process, see 75 O.S.1991 §§ 250.2 et seq. . For detailed discussion of the discord between today's analysis and the current federal constitutional jurisprudence, see Part II, infra.”
Lockett v. Evans, 2014 OK 34 (Okla. 2014).
“75 O.S. §250.2. It was the intent, purpose and object of the Legislature, in enacting it, to provide a Uniform system of regulations concerning administrative procedures in and before, and judicial review of the actions of, all state boards, commissions, departments,…”
— Okla. Stat. tit. 75, § 250.2(B) — 2 cases
Cole v. State Ex Rel. Dept. of Pub. Saf., 2020 OK 67 (Okla. 2020).
“The purpose of this delegation is to eliminate the necessity of establishing every administrative aspect of general public policy by legislation. See 27 O.S.2011, § 250.”
McClure v. ConocoPhillips Co., 2006 OK 42 (Okla. 2006).
“A sample shall be collected in sufficient quantity for splitting into two separate specimens, pursuant to rules of the State Board of Health, to provide for any subsequent independent analysis in the event of challenge of the test results of the main specimen .”
— Okla. Stat. tit. 75, § 250.2(B)(4) — 4 cases
Cox v. Dawson, 911 P.2d 272 (Okla. 1996).
“" [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 Legislature determines…”
McClure v. ConocoPhillips Co., 2006 OK 42 (Okla. 2006).
“A sample shall be collected in sufficient quantity for splitting into two separate specimens, pursuant to rules of the State Board of Health, to provide for any subsequent independent analysis in the event of challenge of the test results of the main specimen .”
— Okla. Stat. tit. 75, § 250.2(B)(6) — 4 cases
Cox v. Dawson, 911 P.2d 272 (Okla. 1996).
“" [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 Legislature determines…”
McClure v. ConocoPhillips Co., 2006 OK 42 (Okla. 2006).
“A sample shall be collected in sufficient quantity for splitting into two separate specimens, pursuant to rules of the State Board of Health, to provide for any subsequent independent analysis in the event of challenge of the test results of the main specimen .”
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