Library: Policy

340:2-25-11. Rulemaking

Issued 9-15-20

(a) Legal authority.Oklahoma Department of Human Services (DHS) rules are promulgated, per the Oklahoma Administrative Procedures Act (APA), Sections 250 through 323 of Title 75 of the Oklahoma Statutes (75 O.S. §§ 250 through 323) and O.S. 56 § 162.

(b) Rulemaking petition.

(1) Submission.Any individual may petition DHS in writing to request rule promulgation, amendment, or repeal.The rulemaking petition is submitted to DHS Legal Services (LS) Policy by:

(A) mail, to PO Box 25352, Oklahoma City, Oklahoma 73125, Attention: Legal Services Policy; or

(B) delivery, to the Sequoyah Memorial Office Building, 2400 North Lincoln Boulevard, Oklahoma City, Oklahoma.

(2) Form and content.The rulemaking petition must, at a minimum, contain:

(A) a clear statement of the requested action and the petitioner's proposed desired relief or solution;

(B) the Title, Chapter, Subchapter, and Section, when known, or a copy of the existing rule proposed for promulgation, amendment, or repeal;

(C) a statement of supporting facts; including legal grounds including, but not limited to, federal or state statutes, and House of Representatives or Senate bills; and other relevant information or views on which the petitioner relies.

(i) A copy of references or sources cited in the statement is submitted with the rulemaking petition.

(ii) When a petition requests more than one rule revision, a single statement that supports and justifies each proposal meets the requirements of this paragraph;

(D) a description of the class or classes of persons, when known, who will most likely be affected by the proposed revision; and

(E) the petitioner's or authorized representative's printed name, address, phone numbers, and signature.

(c) Consideration and disposition of rulemaking petition.

(1) Rulemaking petition denial.A rulemaking petition is considered denied when DHS does not initiate rulemaking proceedings within 30-calendar days after the petition is submitted, per 75 O.S. § 305.The rulemaking petition is denied, in whole or in part, when the petition:

(A) requests promulgation of a rule that DHS is clearly without authority to promulgate;

(B) requests a promulgation, amendment, or revocation inconsistent with, or in violation of, any applicable constitutional or statutory authority;

(C) requests promulgation, amendment, or revocation of a rule that does not constitute a rule, per 75 O.S.§ 250.3(17);

(D) is frivolous or not proposed in good faith; or

(E) proposes a new or amended rule that is not feasible based on available or anticipated DHS resources.When denial is based on feasibility, LS Policy notifies the petitioner of the denial.

(2) Rulemaking petition approval.DHS rulemaking proceedings are initiated when LS Policy submits the approved rulemaking petition to the leadership of any division that may be impacted or affected by the proposed rule promulgation, amendment, or repeal.

(d) Rulemaking petitioner notification.

(1) Rulemaking petition receipt.LS Policy provides written notification of the petition receipt to the petitioner.

(2) Rulemaking petition action.After any action is taken related to the petition, LS Policy provides written notification to the petitioner of:

(A) rulemaking petition denial, in whole or in part; or

(B) initiation of DHS rulemaking proceedings including, but not limited to:

(i) the substance of comments received and any revisions made, including a copy of the revisions; and

(ii) any actions taken.