Law Outlines Oklahoma Bar Bundle Outlines
I entirely handwrote my notes for each subject of the bar exam and then used my notes to create my outlines for each subject. I passed the exam in 2012 on the first attempt. ...
The following is a more accessible plain text extract of the PDF sample above, taken from our Oklahoma Bar Bundle Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Oklahoma Administrative Law
Overview
Substantive Powers
Enabling statute specified the powers of the agency.
Agency can only exercise the substantive powers granted to it by the enabling statute
Procedural Principles
Oklahoma Administrative Procedures Act (OAPA) provides uniform procedures for administrative agencies when the enabling statute is silent on this
MAJOR FOCUS OF BAR EXAM HERE IS THE RULES OF PROCEDURE ON RULEMAKING & ADJUDICATION
Relationship Btwn Legislature & Agency
Source of Power: Delegation
Legislature delegates power it would otherwise have to the agency
An agency then has
"quasi-legislative" power to adopt rules and regulations
Executive power to enforce rules & regulations
"quasi-judicial" power to apply rules & regulations in individual cases
Delegation Limits
The enabling statute must avoid unfettered agency discretion in exercise of its powers
Standard cannot be too vague, but courts are liberal in construing the statute as long as it is not "standard-less"
OAPA Overview
Structure
Article I establishes procedures agencies must follow to adopt agency rules
It controls the "quasi-legislative" functions of the agency
Article II: establishes the notice & hearing requirements for individual adjudications before the agencies
It controls the "quasi-judicial" functions of the agency
Coverage
OAPA applies to AGENCIES, defined
Any "constitutionally or statutorily created (look for if it says "State Board")
State board,
Bureau
Commission
Office
Authority
Public Trust in which State is Beneficiary
Interstate commission
Exclusions
"Agency" does not include
Legislature or any branch, committee or officer thereof
The courts or any arm there of, ie. the OBA & its committees
Municipalities
Counties
School Districts
Other agencies of local government
Exemptions
Applies even where is an agency under OAPA they are exempt from certain provisions:
OK Corp Commission (OCC) is exempt from the notice of proposed rulemaking provisions of Art I
OCC, Commission for Human Services, OK Tax Commission are not required to comply with Art II provisions for individual proceedings
Article I
Rule Making Process
"RULE" means any agency statement of general applicability and future effect that implements, interprets, or prescribes law or policy or describes the procedure or practice requirements of the agency
Proposed Rule
Agency required to maintain a rulemaking record for each rule
Notice to the Public of Intended Rulemaking
Agency must provide notice of proposed rule to public
Notice published in Oklahoma Register
Must:
Summarize proposed rule
Announce minimum 30 day comment period
Announce public hearing scheduled at least 30 days after publication OR announce how people can demand hearing
Say how people can get copy of proposed rule and the Rule Impact Statement
Request comments from possible impacted businesses
Public Comment & Hearing
Public Comment must be allowed for anyone for at least 30 days post notice
Public Hearing, in not announced, may be demanded by:
10 or more people
A political subdivision
Agency
Or Association w/ 25 or more members
If hearing properly demanded agency MUST schedule oral hearing on proposed rule & give at least 30 days notice
Adopted Rule
After agency review public comments and such it adopts the rule
NOT LAW YET
Need still be reviewed by governor or legislature
Review of Rule by Governor
W/in 10 days after agency adopt rule, must send gov. a copy & agency Rule Report
Governor has 45 days to approve or disapprove in writing
If fail approve in 45 days, deemed disapproved
If disapproved, rule can be valid till approved by joint resolution by legislature
Review by Legislature
W/in 10 days of agency adoption, must send rule & rule report to legislature
Approve:
Active: legislature has 30 days to review and approve in whole or part by vote
Passive: can inactively approve by remaining in session for 30 days after submission w/o voting on it
Deemed approved
Fees: Any rule that establishes or increases fees must be approved by legislature by joint resolution. Deemed disapproved if fail approve rule on or before last day of legislative session
Disapproval
Legislature may disapprove rule w/in the 30 legislative day review period
If disapprove rule, by concurrent resolution the rule invalid regardless of any action by governor (effect is a veto of gov)
Final Rule
Considered "finally adopted" upon approval both by Governor and legislature, or in some cases upon approval by legislature
Promulgated Rule
W/in 30 days after rule finally adopted, agency files rule w/ Office of Secretary of State responsible for printing Oklahoma Register and OK Administrative Code
"Finally Adopted" rule considered "promulgated" upon publication in OK Register
If conflict between final adopted & published, then Published Rule controls
Effective Date of Promulgated Rule
Finally adopted rule is effective 10 days after publication in OK Register (unless later date required or specified)
Emergency Rulemaking
Promulgation of Emergency Rules
Agency submit to governor "substantial evidence" that rule is necessary as an emergency measure to:
Protect public health, safety, welfare;
Avoid serious prejudice to public interest; or
Similar reasons
Substantial Evidence= credible evidence of sufficient quality and probative value to enable person of reasonable caution to support a conclusion
Departure from Standard Rulemaking Process
Notification to public is OPTIONAL
No demand allowed
Must submit emergency rule & impact statement to gov. and leg. w/in 10 days after rule...
Buy the full version of these notes or essay plans and more in our Oklahoma Bar Bundle Outlines.
I entirely handwrote my notes for each subject of the bar exam and then used my notes to create my outlines for each subject. I passed the exam in 2012 on the first attempt. ...
Ask questions 🙋 Get answers 📔 It's simple 👁️👄👁️
Our AI is educated by the highest scoring students across all subjects and schools. Join hundreds of your peers today.
Get Started