I, Mary Fallin, Governor of the State of Oklahoma, by the
authority vested in me pursuant to Sections 1 and 2 of Article VI of the
Oklahoma Constitution, hereby direct and order as follows:
1. No agency may adopt a permanent
administrative rule pursuant to Article I of the Administrative Procedures Act,
75 O.S. §§ 250-308.3, unless such adoption complies with the
provisions of this Executive Order.
2. Every agency shall, simultaneously with
filing a Notice of Rulemaking Intent with the Office of Administrative Rules,
provide one (1) electronic copy of the complete text of all Proposed Permanent
Rules to the Governor and to the appropriate Cabinet Secretary ("Cabinet
Secretary").
3. No agency may adopt
any Proposed Permanent Rule if, within forty-five (45) days of providing the
above-referenced copies to the Governor and the Cabinet Secretary, such agency
receives an express written disapproval from the Governor or the Cabinet
Secretary.
4. If the Governor or
the Cabinet Secretary disapproves a Proposed Permanent Rule, the affected
agency shall be notified in writing of the reasons for disapproval.
5. If, after forty-five (45) days of
providing the above-referenced copies to the Governor and the Cabinet
Secretary, the agency has not received an express written disapproval, the
agency may adopt the Proposed Permanent Rule.
6. Within ten (10) days after adoption, the
agency shall submit two (2) copies of the Adopted Rule to the Governor, the
Speaker of the House of Representatives, and the President Pro Tempore of the
Senate, pursuant to 75 O.S. §
303.1(A)
of the Administrative Procedures Act.
7. Emergency rules shall not be affected by
the provisions of this Executive Order.
The Executive Order shall be distributed to all members of the
Governor's Executive Cabinet and the chief executives of all state agencies,
who shall cause the provisions of this Order to be implemented by November 1,
2013.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Great Seal of the State of Oklahoma to be affixed at Oklahoma City, Oklahoma,
this 10 day of September, 2013.
BY THE GOVERNOR OF THE STATE OF OKLAHOMA
Mary Fallin
ATTEST:
Chris Morriss
Assistant Secretary of State
