1. (a) Use; location; format.
2. (1) Use; exception. Each rule document submitted for Register publication, and each emergency or preemptive rule document submitted to the Governor and the Legislature (and later submission to the OAR for Register publication), begins with a document heading [see 655:10-7-3], followed by a preamble prepared pursuant to this Section.
3. (2) Location. The preamble begins two single spaces below the document heading [see 655:10-7-3]. The preamble is followed by the enacting clause [see 655:10-7-13].
4. (b) Content. The preamble must contain the following information:
5. (1) Rulemaking action. Under the bolded heading "RULEMAKING ACTION:", select one of the following:
6. (A) If permanent rules, select "PERMANENT final adoption."
7. (B) If emergency rules, select"EMERGENCY adoption."
8. (C) If preemptive rules, select "PREEMPTIVE adoption."
9. (2) Rules. Under the bolded heading "RULES:", adopted rules (if emergency or preemptive) or finally adopted rules (if permanent) will auto-populate upon agency selection of format approved draft.
10. (3) Authority. Under the bolded heading "AUTHORITY:":
11. (A) identify the rulemaking entity, as defined in 655:10-1-2, and
12. (B) cite the statute or other legal instrument which authorizes the promulgation of rules for this area of control, or the statute or other legal instrument which authorizes the rules. Do not cite APA statutes which authorize rulemaking procedures except when promulgating "required rules" pursuant to 655:10-5-7.
13. (4) Submission of proposed rules to Governor and Cabinet Secretary.
14. (A) Permanent rules. If the rules are permanent rules, under the bolded heading "SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:", select the date the proposed rules were submitted to the Governor and the agency's Cabinet Secretary for review, as required by 75 O.S., Section 303(A)(6).
15. (B) Emergency, preemptive rules. If the rules are emergency or preemptive rules, this heading or the information described in this paragraph is not included.
16. (5) Comment period. Under the bolded heading "COMMENT PERIOD:", select one of the following:
17. (A) Permanent rules. If the rules are permanent rules, select the beginning date and ending date of the comment period announced in the published Notice of Rulemaking Intent.
18. (B) Emergency, preemptive rules. If the rules are emergency or preemptive rules AND if a comment period was announced in a published Notice of Rulemaking Intent, select the beginning date and ending date of the comment period. Select "No" if no comment period was held or announced in the Register for the emergency or preemptive rules.
19. (6) Public hearing. Under the bolded heading "PUBLIC HEARING:", select one of the following:
20. (A) Permanent rules. If the rules are permanent rules, choose one of the following:
21. (i) Select "Yes" and select the date of the public hearing, if one was announced in a published Notice of Rulemaking Intent, or
22. (ii) Select "N/A" if a public hearing was not scheduled and not demanded pursuant to 75 O.S., Section 303(C).
23. (B) Emergency, preemptive rules. If the rules are emergency or preemptive rules AND if a public hearing was announced in a published Notice of Rulemaking Intent, select "Yes" and select the date of the public hearing. Select "No" if no public hearing was held or announced in the Register for the emergency or preemptive rules.
24. (7) Adoption. Under the bolded heading "ADOPTION:", select the date the rules were adopted by the rulemaking entity.
25. (8) Submission of adopted rules to Governor and Legislature.
26. (A) Permanent rules. If the rules are permanent rules, under the bolded heading "SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:", select the date the adopted permanent rules were submitted to the Governor, Speaker of the House of Representatives, President Pro Tempore of the Senate, and chief legislative officer of each chamber pursuant to 75 O.S., Section 303.1(A).
27. (B) Emergency, preemptive rules. If the rules are emergency or preemptive rules, the heading or information described in this paragraph are not included.
28. (9) Legislative approval.
29. (A) Permanent rules. If the rules are permanent rules AND if the rules were approved by a joint resolution AND if the resolution was either approved by the Governor pursuant to OKLA. Const. Art. 6, Section 11 or the Governor's veto was overridden by the Legislature, under the bolded heading "LEGISLATIVE APPROVAL:", type "Approved [effective date of joint resolution approving the permanent rule(s)] by [number of joint resolution]." The effective date is the day the resolution was either approved by the Governor pursuant to OKLA. Const. Art. 6, Section 11 or the Governor's veto was overridden by the Legislature.
30. (B) Emergency, preemptive rules. If the rules are emergency or preemptive rules, the heading or the information described in this paragraph are not included.
31. (10) Legislative disapproval.
32. (A) Permanent rules. If the rules are permanent rules AND the rules were disapproved by a joint resolution AND the resolution was either approved by the Governor pursuant to OKLA. Const. Art. 6, Section 11 or the Governor's veto was overridden by the Legislature, under the bolded heading "LEGISLATIVE DISAPPROVAL:", type "Disapproved [effective date of joint resolution disapproving the permanent rule(s)] by [number of joint resolution]." The effective date is the day the resolution was approved by the Governor or the Governor's veto was overridden by the Legislature.
33. (B) Emergency, preemptive rules. If the rules are emergency or preemptive rules, the heading or the information described in this paragraph are not included.
34. (11) Approval by Governor's declaration.
35. (A) Permanent rules. Under the bolded heading "APPROVED BY GOVERNOR'S DECLARATION:", type "Approved by Governor's declaration on (date of Governor's declaration)" if the rules are permanent rules AND the rules were:
36. (i) filed with the Legislature on or before the date established in 75 O.S., § 308(A)(1) AND the rules were not subject to a joint resolution passed by both houses of the Legislature and signed by the Governor AND the rules were approved by a Governor's Declaration [75:308.3(C)], or
37. (ii) filed with the Legislature on or before the date established in 75 O.S., § 308(A)(1) AND the rules were approved by a Governor's declaration AFTER being approved by a joint resolution that was found by the Governor to have a technical legal defect preventing approval of administrative rules intended to be approved by the Legislature [75:308.3(C)].
38. (B) Emergency, preemptive rules. If the rules are emergency or preemptive rules, the heading or the information described in this paragraph are not included.
39. (12) Final adoption.
40. (A) Permanent rules. If the rules are permanent rules, under the bolded heading "FINAL ADOPTION:", select the date of final adoption. The final adoption date is the date that one of the following occurs:
41. (i) the date the Governor approves a joint resolution approving the rules, or the date the Governor's veto of the resolution is overridden by the Legislature [see OKLA. Const. Art. 6, Section 11 (relating to gubernatorial actions on legislation)];
42. (ii) the date the Governor vetoes a joint resolution disapproving the rules, provided the veto is not overridden by the Legislature; or
43. (iii) the date the rules are approved by a Governor's declaration as described in (11)(A) of this subsection. [See also definition of "final adoption" in 655:10-1-2 and 75:250.3(7)]
44. (B) Emergency, preemptive rules. If the rules are emergency or preemptive rules, the heading or information described in this paragraph are not included.
45. (13) Effective. Under the bolded heading "EFFECTIVE:", select one of the following:
46. (A) Permanent rules. If the rules are permanent, select an effective date that is at least ten days after the date the rules will be published in the Register [see 655:10-9-3 (relating to Register publication dates and filing deadlines)].
47. (B) Emergency rules. If the rules are emergency, select one of the following:
48. (i) Effective immediately upon Governor's approval. If the emergency rules will be effective immediately upon approval by the Governor, select "Immediately upon Governor's approval";
49. (ii) Contingent effective date. If the emergency rules will be effective on a specific date that falls within the Governor's 45 calendar-day review period, but is contingent upon whether or not the Governor has already approved the rules, select "Contigent Effective Date" and select the select the specific effective date; or
50. (iii) Later effective date. If the emergency rules will be effective on a specific date that follows the completion of the Governor's 45 calendar-day review period, select "Later Effective Date" and select the specific effective date [see 75:253(F)(1)].
51. (C) Preemptive rules. If the rules are preemptive, select one of the following:
52. (i) Effective immediately upon Governor's approval. If the preemptive rules will be effective immediately upon approval by the Governor, select "Immediately upon Governor's approval";
53. (ii) Contingent effective date. If the preemptive rules will be effective on a specific date that falls within the Governor's 28 calendar-day review period, but is contingent upon whether or not the Governor has already approved the rules, select "Contingent Effect Date" and select the specific effective date; or
54. (iii) Later effective date. If the preemptive rules will be effective on a specific date that follows the completion of the Governor's 28 calendar-day review period, select "Later Effective Date" and select the specific effective date [see 75:250.6(B)(6)].
55. (14) Expiration.
56. (A) Emergency rules. If the rules are emergency rules, under the bolded heading "EXPIRATION:", type one of the following:
57. (i) Latest possible expiration date.
58. (I) Effective on or before first day of session. If the emergency rules will be in effect on the first day of the session and therefore will be null and void on September 15 immediately following sine die adjournment of the Legislature [75:253(H)(3)(a)], type "Effective through September 14, (same year), unless superseded by another rule or disapproved by the Legislature."
59. (II) Effective after first day of session. If the emergency rules will become effective after the first day of the session and therefore will not be null and void until September 15 following sine die adjournment of the next legislative session, type "Effective through September 14, (next year), unless superseded by another rule or disapproved by the Legislature."
60. (ii) Earlier expiration date. If the emergency rules will expire on a date that is earlier than the latest possible expiration date for the rules, as described in (i)(I) and (II) of this subparagraph, type "Expires (date), unless superseded by another rule or disapproved by the Legislature."
61. (B) Permanent, preemptive rules. If the rules are permanent or preemptive rules, do not include the heading or information described in (A) of this paragraph are not included.
62. (15) Superseded emergency actions; expired emergency rules.
63. (A) Superseded emergency actions. Under the bolded heading "SUPERSEDED EMERGENCY ACTIONS:", select one of the following:
64. (i) Rules that do NOT supersede emergency rules. If the rules are permanent, emergency, or preemptive rules and do not supersede any emergency rules, select "No."
65. (ii) Rules that DO supersede emergency rules. If the rules are permanent, emergency, or preemptive rules and do supersede an emergency action, select "Yes" and include the information in (I) through (IV) of this unit. If more than one emergency action is being superseded, repeat (I) through (IV) for each action.
66. (I) Superseded rules. Under the bolded subheading "Superseded rules:", identify the superseded emergency rules by citing each Section and Appendix being superseded, followed by the word [NEW], [AMENDED], [REVOKED], [RENUMBERED], [AMENDED AND RENUMBERED], or [RESERVED], to identify the emergency status of the Section or Appendix being superseded.
67. (II) Gubernatorial approval. Under the bolded subheading "Gubernatorial approval:", type the date the superseded emergency rules were approved by the Governor.
68. (III) Register publication. Under the bolded subheading "Register publication:", include the full citation to the Register publication of the superseded emergency rules. [see 655:10-15-6 (relating to citing the Register)]
69. (IV) Docket number. Under the bolded subheading "Docket number:", type the docket number assigned to the rule document which contains the superseded emergency rule(s).
70. (B) Expired emergency rules. If a Section or Appendix was added, revoked, amended, reserved, or renumbered by emergency rulemaking and will not be superseded by a permanent or preemptive action prior to its expiration, the agency must notify the OAR pursuant to 655:10-5-6(d).
71. (16) Incorporations by reference. Under the bolded heading "INCORPORATIONS BY REFERENCE:", select one of the following:
72. (A) Rules that do NOT incorporate by reference. If the rules do not incorporate any standards or rules by reference, select "N/A." [See 75:251(D) and 655:10-5-15 relating to incorporations by reference]
73. (B) Rules that DO incorporate by reference. If the rules incorporate by reference the published standards or rules of nationally recognized organizations and technical societies, other state agencies, or federal agencies pursuant to 75 O.S., Section 251(D) and 655:10-5-15, select "Yes" and include the information in (i) through (iii) of this subparagraph.
74. (i) Incorporated standards. Under the bolded subheading "Incorporated standards:", identify the incorporated standards by the proper title, edition, volume number, date, etc.
75. (ii) Incorporating rules. Under the bolded subheading "Incorporating rules:", identify the Section(s) or Appendix(ces) which incorporates the standards by reference.
76. (iii) Availability. Under the bolded subheading "Availability:", type the hours when and the place where the standards are readily available to the public for examination at the administrative offices of the agency [75:251(D)].
77. (17) Finding of emergency.
78. (A) Emergency rules. If the rules are emergency rules, under the bolded heading "FINDING OF EMERGENCY:", include substantial evidence that the rule is necessary as an emergency measure [75:253(A)(1)], based on criteria set out in 75 O.S., Section 253(A).
79. (B) Permanent, preemptive rules. If the rules are permanent or preemptive rules, the heading or information described in this paragraph are not included.
80. (18) Gist/Analysis. Under the bolded heading "GIST/ANALYSIS:", prepare, in plain language, a statement of the gist of the rules and an analysis of new or amended rules [75:251(B)(2)(f)]. The analysis shall include but not be limited to:
81. (A) a reference to any statute that the rule interprets, any related statute or any related rule [75:251(B)(2)(f)], and
82. (B) a reference to any rule requiring a new or revised form [75:251(B)(2)(e)].
83. (19) Contact person. Under the bolded heading "CONTACT PERSON:", include the name and phone number of a contact person for information regarding the rulemaking action. Additional contact information, such as email address or fax number, may also be included under this heading.

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 18 Ok Reg 2777, eff 7-1-01

Amended at 29 Ok Reg 1719, eff 8-1-12

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

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

Amended at 34 Ok Reg 779, eff 9-1-17

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

Amended at 41 Ok Reg, Number 14, effective 3-5-24 (emergency)

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