1. (a) Not regulatory text. Agency Notes are not considered regulatory text.
2. (b) Applicability. Agencies shall use an Agency Note only when it is necessary for the agency to include, apart from the regulatory text, any of the following:
3. (1) A reference to any rule requiring a new or revised form [75:251(B)(2)(e)] as a result of the rulemaking action.
4. (2) A reference to any rearranging or relocation of a rule, to ensure that required strikeouts and underscoring do not mislead the reader. For example, an Agency Note may be used to alert the reader that text being deleted or revoked in a Section has been added to another existing Section, or is being deleted because it already exists in another Section.
5. (3) Any other information which the agency finds necessary, with the following restrictions:
6. (A) An agency may not include such information in an Agency Note unless specifically reviewed and approved by the OAR.
7. (B) Agency Notes are used to clarify or identify something unique or unusual about a specific rulemaking ACTION rather than the rule itself. As such, Agency Notes are rarely transferred to the Code after Register publication. If a rule needs to be clarified, such clarification should be promulgated in the rule itself. An Agency Note should not be used to footnote or annotate a rule. It should not be used for cross referencing or "see also" cites, or for citing to federal or other laws.
8. (c) Location. Agency Notes follow a specific Section or follow the last Section in the rule document.
9. (d) Format. Agencies shall prepare Agency Notes for review and inclusion by the OAR.

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

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

<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