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Administrative Law: Oklahoma Administrative Law

Background Information

Oklahoma's Administrative Procedures Act is located at 75 O.S. §§ 250-323, which is available on  OSCN. For background information on Oklahoma agencies, see ABC: Oklahoma State Agencies, Boards, and Commissions, which provides statutory citations, addresses, phone numbers, and sections on the agency’s Mission Statement, History, and Function.

Organization of the Oklahoma Administrative Code

As described in the Oklahoma Administrative Code (OAC) § 655:10-3-10 (2011), the OAC is organized into six major divisions as set forth below:

(1) Titles. Each Title identifies an administrative agency, except for Title 1, which includes executive orders.

(2) Chapters. Each Chapter identifies a major area of regulatory control within an agency's authority. Each Chapter identifies a group of Sections, which are:

(A) Related to the same major agency program or legally-designated regulatory power

(B) Dependent on a common set of definitions; or

(C) Independent of another Chapter in meaning or effect.

(3) Subchapters. Each Subchapter identifies a group of Sections related to the same general subject within a Chapter. The use of Subchapters is optional.

(4) Parts. Each Part identifies a group of Sections related to the same subject within a Subchapter. The use of Parts is optional.

(5) Sections. Each Section identifies a specific agency statement within a Chapter, Subchapter, or Part. Each Section is considered to be a single “rule.”

(6) Appendices. Each Appendix identifies a graphic ...

Thus, 655:10-3-10 refers to the Oklahoma Secretary of State regulation in Title 665 Chapter 10, Subchapter 3, Part 3, Section 10 on major OAC divisions.

Oklahoma Administrative Research Strategy

1. If needed, locate the statutory or constitutional provision creating the agency or granting the agency authority to act. Use an annotated code to assist in determining whether the agency acted within the grant of power.

2. Locate the text of the relevant rule in the Oklahoma Administrative Code.

3. Look in the Oklahoma Register to find any proposed changes.

4. Locate agency and judicial decisions applying the rule in similar circumstances or an Attorney General Opinion regarding the rule.

Locating Oklahoma Administrative Regulations

  • Oklahoma Secretary of State Website: This website provides a link to the Oklahoma Register and the Oklahoma Administrative Code. It also provides access to a manual on rulemaking in Oklahoma, which includes references to specific provisions of the Oklahoma Administrative Code.
  • Lexis Advance: access to the Oklahoma Register and the Oklahoma Administrative Code
  • Westlaw: access to the Oklahoma Administrative Code and proposed regulations
  • Oklahoma Agency Websites: Pursuant to the Oklahoma Government Website Information Act (at 74 O.S. § 3106.4), "On or before January 1, 2011, public bodies shall make available on their Internet website or on a general website if a public body uses a general website, the following: 1. Any administrative rules adopted pursuant to the Administrative Procedures Act, which the public body uses to operate; 2. Any proposed administrative rules submitted by the public body pursuant to the Administrative Procedures Act; 3. Any statutes effecting the public body and its operations; and 4. Any statutes the public may find useful in interacting with the public body."
  • In print: The Law Library has both the Oklahoma Register and Oklahoma Administrative Code in print.

Oklahoma Attorney General

The Attorney General issues advisory opinions at the request of other state bodies. These opinions may interpret regulations and can be persuasive when challenging an agency action or rule. Published opinions of the Attorney General are, of course, more persuasive than unpublished opinions. Opinions of the Attorney General may be located in various formats depending upon the date that the opinion was issued.

800 N. Harvey Oklahoma City, OK 73102 405.208.5271