Oklahoma Statutes
Okla. Stat. tit. 75, § 308.2 (2026)
Rules - Necessity of promulgation - Interpretations not
✓ current as of July 2026
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to change - Prospective effect only - Limitation period on contest proceedings - Force of law and prima facie evidence. A. No agency rule is valid or effective against any person or party, or may be invoked by the agency for any purpose, until it has been promulgated as required in the Administrative Procedures Act. B. A proceeding to contest any promulgated rule on the ground of noncompliance with the procedural requirements of Article I of the Administrative Procedures Act must be commenced within two (2) years from the effective date of the promulgated rule. C. Rules shall be valid and binding on persons they affect, and shall have the force of law unless amended or revised or unless a court of competent jurisdiction determines otherwise. Except as otherwise provided by law, rules shall be prima facie evidence of the proper interpretation of the matter to which they refer. Added by Laws 1987, c. 207, § 23. Amended by Laws 1991, c. 326, § 11, eff. July 1, 1991; Laws 1996, c. 225, § 4, eff. Nov. 1, 1996; Laws 1997, c. 206, § 22, eff. Nov. 1, 1997.
Notes of Decisions
Cited in 17
cases (7 in the last 5 years), 1991–2025 · leading case: Henderson v. Maley, 806 P.2d 626 (Okla. 1991).
Henderson v. Maley, 806 P.2d 626 (Okla. 1991). “The rules have the force and effect of law, 75 O.S.Supp. 1987 § 308.2, [1] and there is a presumption in favor of their legality.”
Cole v. State Ex Rel. Dept. of Pub. Saf., 2020 OK 67 (Okla. 2020). “Specifically, 75 O.S.2011, § 308.2(C) states: Rules shall be valid and binding on persons they affect, and shall have the force of law unless amended or revised or unless a court of competent jurisdiction determines otherwise.”
McClure v. ConocoPhillips Co., 2006 OK 42 (Okla. 2006). “2005 § 552(14) provides in pertinent part: 'Sample' means tissue, fluid or product of the human body chemically capable of revealing the presence of drugs or alcohol in the human body .”
Ethics Comm'n v. Keating, 1998 OK 36 (Okla. 1998). “” See also 75 O.S.1991 § 308.2(C) (giving agency rules promulgated in compliance with the Administrative Procedures Act the full force and effect of law).”
Sw. Bell Tel. Co. v. Oklahoma Corp. Comm'n, 897 P.2d 1116 (Okla. 1995). “75 O.S.1991 § 308.2(C). This statute plainly states that rules are valid until a court determines otherwise.”
Cox v. State ex rel. Oklahoma Dep't of Human Servs., 87 P.3d 607 (Okla. 2004). “Title 75 O.S.2001 § 308.2; Indiana Nat'l Bank v.”
Cox v. State Ex Rel. Oklahoma Dhs, 2004 OK 17 (Okla. 2004). “[42] Title 75 O.S.2001 § 308.2; Indiana Nat'l Bank v.”
Andrews v. State Ex Rel. Dept. of Pub. Saf., 2014 OK CIV APP 19 (Okla. Civ. App. 2013). “" 75 O.S.2011 § 308.2(A). ¶21 Although the State Health Department promulgated a rule authorizing licensed EMT paramedics to perform venipuncture to obtain blood samples, the Board of Tests has not promulgated a rule authorizing paramedics to withdraw blood for the purpose of…”
Murray Cnty. v. Homesales, Inc., 2014 OK 52 (Okla. 2014). “Those rules were adopted by the Legislature and now "have the force of law" (75 O.S.2011 § 308.2(C)), subject to judicial review.”
Question Submitted by: The Honorable John Haste, Oklahoma State Senate, Dist. 36, 2024 OK AG 4 (Okla. Att’y Gen. 2024). “The Governor shall make initial appointments pursuant to the provisions of this subsection within thirty (30) days of the effective date of this act, with one member appointed from each congressional district and one member appointed from the state at large.”
Morgan v. State ex rel. Dep't of Pub. Saf., 882 P.2d 574 (Okla. Civ. App. 1993). “…provided by law, rules shall be prima facie evidence of the proper interpretation of the matter to which they refer. 75 O.S.1991 § 308.2(C).”
Question Submitted by: Senator Mary B. Boren, Oklahoma State Senate, Dist. 16, 2024 OK AG 5 (Okla. Att’y Gen. 2024). “6 75 O.S.2021, § 308.2(C) ("Rules shall be valid and binding on persons they affect, and shall have the force of law unless amended or revised or unless a court of competent jurisdiction determines otherwise.”
— Okla. Stat. tit. 75, § 308.2(A) — 1 case
Andrews v. State Ex Rel. Dept. of Pub. Saf., 2014 OK CIV APP 19 (Okla. Civ. App. 2013). “" 75 O.S.2011 § 308.2(A). ¶21 Although the State Health Department promulgated a rule authorizing licensed EMT paramedics to perform venipuncture to obtain blood samples, the Board of Tests has not promulgated a rule authorizing paramedics to withdraw blood for the purpose of…”
— Okla. Stat. tit. 75, § 308.2(C) — 12 cases
Cole v. State Ex Rel. Dept. of Pub. Saf., 2020 OK 67 (Okla. 2020). “Specifically, 75 O.S.2011, § 308.2(C) states: Rules shall be valid and binding on persons they affect, and shall have the force of law unless amended or revised or unless a court of competent jurisdiction determines otherwise.”
McClure v. ConocoPhillips Co., 2006 OK 42 (Okla. 2006). “2005 § 552(14) provides in pertinent part: 'Sample' means tissue, fluid or product of the human body chemically capable of revealing the presence of drugs or alcohol in the human body .”
Ethics Comm'n v. Keating, 1998 OK 36 (Okla. 1998). “” See also 75 O.S.1991 § 308.2(C) (giving agency rules promulgated in compliance with the Administrative Procedures Act the full force and effect of law).”
Sw. Bell Tel. Co. v. Oklahoma Corp. Comm'n, 897 P.2d 1116 (Okla. 1995). “75 O.S.1991 § 308.2(C). This statute plainly states that rules are valid until a court determines otherwise.”
Murray Cnty. v. Homesales, Inc., 2014 OK 52 (Okla. 2014). “Those rules were adopted by the Legislature and now "have the force of law" (75 O.S.2011 § 308.2(C)), subject to judicial review.”
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