In the event an agency discovers an error in a document after submission to the OAR but prior to its publication in the Register, the agency may contact the OAR for a determination as to whether the OAR is able to accept the corrections, based on the following:

1. (1) Timeliness. The timeliness of the agency's request to correct an error(s) in a document filed with the OAR but not yet published will determine the OAR's ability to accept corrections on any document filed. This determination will be based on how far the OAR has progressed in its processing of that document at the time the request is received, as well as the impact a correction would have on the OAR's ability to complete the production and distribution of the applicable Register issue by the publication date.

2. (2) Qualifying errors. If the OAR determines the corrections to be timely, as described in (1) of this Section, the OAR will use the following additional criteria to determine if the errors may be corrected:

   1. (A) Notice documents. Errors discovered in notice documents may be corrected prior to publication.

   2. (B) Permanent rule documents. Errors discovered in permanent rule documents may be corrected prior to publication, unless the correction would cause a conflict with the following statutory provisions:

      1. (i) [T]he text of the rule submitted for publication shall be the same as the text of the rule that has been finally adopted [75:308.1(B)], and
      2. (ii) The agency may change the format of . . . rules . . . to comply with the standard provisions established by the Secretary . . . so long as there is no substantive change to the rule [75 O.S., Section 251(B)(2)(i)].
   3. (C) Emergency rule documents. Emergency rule documents may not be corrected after approval by the Governor; except, the agency may change the format to comply with the ARR, as described in 75 O.S., Section 251(B)(2)(i). If these errors are discovered after the agency has filed the emergency rule document with the OAR [see 655:10-9-1(c)(1) (relating to filing emergency rule documents)] but prior to publication, the agency may correct these errors.
   4. (D) Preemptive rule documents. Preemptive rule documents may not be corrected after approval by the Governor; except, the agency may change the format to comply with the ARR, as described in 75 O.S., Section 251(B)(2)(i), before filing the preemptive rule document with the OAR. If these errors are discovered after the agency has submitted a preemptive rule document to the OAR [see 655:10-9-1(c)(1) (relating to filing preemptive rule documents)] but prior to publication, the agency may correct the errors.

Amended at 9 Ok Reg 2983, eff 7-13-92

Amended at 15 Ok Reg 3353, eff 7-15-98

Amended at 16 Ok Reg 2597, eff 7-1-99

Amended at 21 Ok Reg 2476, eff 7-1-04

Amended at 31 Ok Reg 584, eff 3-18-14 (emergency)

Amended at 32 Ok Reg 2250, eff 9-11-15

Amended at 39 Ok Reg 2181, eff 9-11-22

<div>Amended at 41 Ok Reg, Number 14, effective 3-4-24 (emergency)</div>

Amended at 42 Ok Reg, Number 20, effective 7-11-25