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Administrative Law Research

Introductory guide to federal and Oklahoma administrative law research

Oklahoma Bar Journal - Administrative Law

Cover of Oklahoma Bar Journal - Theme Issue on Administrative Law

November 18, 2017 Oklahoma Bar Journal - Theme Issue on Administrative Law

Article: Primer on Administrative Law in Oklahoma

Primer on Administrative Law in Oklahoma - Jan. 12, 2008 at page 39.

Oklahoma Administrative Law Research

Oklahoma Legal Research outlines a strategy for Oklahoma administrative law research as follows:

1. Locate the statutory or constitutional provision creating the agency or granting the agency authority to act. Use of the annotated code (including the Oklahoma Constitution) will assist in determining whether there is authority indicating that the agency acted within the grant of power,

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

3. Opdate rules using the Oklahoma Register to locate recent changes or proposed changes. Citator tools may assist in locating entries in the Oklahoma Register.

4. Locate agency and judicial decisions applying rules in similar circumstances or opinions of the Attorney General regarding applicable rules. 

Oklahoma Administrative Procedures Act

The Oklahoma Administrative Procedures Act (OAPA) is located at 75 O.S. §250 et.seq.

75 O.S. §303 establishes the procedures, including the provisions for notice and publication in the Oklahoma Register as well as comment, for adoption, amendment or repeal of a rule.

75 O.S. §250.9  establishes an Office of Administrative Rules within the Office of the Secretary of State.

Oklahoma Register in Print

Oklahoma Administrative Code in Print

Full editions of the Oklahoma Administrative Code (OAC) are published every five years, and between full edition publications, cumulative supplements are published annually.The most recent full edition of the OAC was published in 2016.

Oklahoma Secretary of State

75 O.S. §250.9  establishes an Office of Administrative Rules within the Office of the Secretary of State and provides that the Office of Administrative Rules "shall have the primary responsibility for publishing the Oklahoma Register and the Oklahoma Administrative Code and otherwise implementing the provisions of Article I of the Administrative Procedures Act."

Oklahoma Agency Information

§ 3106.4 of the Oklahoma Government Website Information Act, 74 O.S. §3106.3 et seq.,requires Oklahoma agencies to post statutory and administrative rule information on the agency website. 

Oklahoma Attorney General

The Oklahoma Attorney General issues advisory opinions at the request of other state bodies. These opinions may interpret regulations and can serve as persuasive authority when a party is challenging an agency action or rule. 

Recent opinions of the Attorney General may be accessed via the Attorney General's website. While opinions are accessible, opinions are not searchable on the website.  However, the website does link to several sources which permit searching, including the Oklahoma State Court Network (OSCN) and the Oklahoma Public Legal Research System (OPLRS). Additionally, Opinions of the Attoney General are searchable in comercial databases such as Westlaw Edge, Lexis Advance, and HeinOnline.

Oklahoma Administrative Decisions

As previously noted, the Oklahoma Government Website Information Act requires Oklahoma agencies to post statutory and administrative rule information on the agency website. However, there is no requirement that agencies post agency administrative decisions on their websites. As a result, locating agency administrative decisions can be challenging.