1. (a) Withdrawal of permanent rules. As set forth in 75 O.S., Section 308(F), an agency may withdraw a permanent rule prior to its final adoption, as defined in 75 O.S., Sections 250.3(7) and OAC 655:10-1-2. When an agency withdraws a permanent rule after its adoption but prior to its final adoption, the agency must submit a Notice of Withdrawn Rules pursuant to this Section, except as provided in (d) of this section.
2. (b) Withdrawal of emergency rules. An agency may withdraw an emergency rule prior to its approval by the Governor pursuant to 75 O.S., Section 253(K). When an agency withdraws an emergency rule after its submission to the Governor but prior to its approval by the Governor, the agency must submit a Notice of Withdrawn Rules pursuant to this Section, except as provided in (c) of this section.

3. (c) Filing exception for "resubmitted rules."

   1. (1) Criteria for "resubmitted rules." When an agency discovers an error in a filing that has been submitted to the Governor and Legislature via rules.ok.gov, the System allows the agency to "resubmit" that filing, but only if the agency resubmits the filing within 10 calendar days after the rules were adopted.
   2. (2) Filing with OAR not required. When an agency resubmits a filing on rules.ok.gov within 10 days after the rules were adopted, as described in (1) of this subsection, the agency should not submit a copy of the Notice of Withdrawn Rules. If submitted, the OAR will not publish the Notice of Withdrawn Rules.

4. (d) Content. A Notice of Withdrawn Rules must contain the following headings and information:

   1. (1) Rulemaking action. Under the bolded heading "RULEMAKING ACTION:", select one of the following:

      1. (A) If the withdrawn rules are permanent, select "Withdrawal of PERMANENT rulemaking."
      2. (B) If the withdrawn rules are emergency, select "Withdrawal of EMERGENCY rulemaking."
   2. (2) Withdrawn rules. Under the bolded heading "WITHDRAWN RULES:", identify the withdrawn rules as described in 655:10-7-11(b)(2).

   3. (3) Dates. Under the bolded heading "DATES:", select any of the following dates which apply to the rulemaking action prior to withdrawal.

      1. (A) Adoption. Under the bolded subheading "Adoption:", select the date the rules were adopted.
      2. (B) Submission of adopted rules to Governor and Legislature.. Under the bolded subheading "Submission of adopted rules to Governor and Legislature:", select the date the rules were submitted to the Governor and Legislature.
      3. (C) Withdrawn. Under the bolded subheading "Withdrawn:", select the date the rules were withdrawn from the rulemaking process. This date is the date withdrawal notice is given to the Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Joint Committee.
      4. (D) Additional information. Under the bolded heading "ADDITIONAL INFORMATION:", type any additional information determined by the agency to be pertinent. The use of this category is optional.

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 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 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