I, J. Kevin Stitt, 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 and a copy of the Notice of Rulemaking Intent 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.
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 16th day of April, 2019.
BY THE GOVERNOR OF THE
STATE OF OKLAHOMA
J. Kevin Stitt
ATTEST:
Michael Rogers
Secretary of State
