STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

HOUSE JOINT
RESOLUTION 1046	By:	McCullough

AS INTRODUCED

A Joint Resolution disapproving permanent rules of the Oklahoma Health Care Authority; and directing distribution.

WHEREAS, pursuant to Sections 250.2 and 308 of Title 75 of the Oklahoma Statutes, the Legislature reserves the right to designate the method for rule promulgation, establish policy, determine that a rule is not consistent with legislative intent and disapprove any rule or portion thereof at any time; and
WHEREAS, pursuant to Sections 5003 through 5016 of Title 63 of the Oklahoma Statutes, the Oklahoma Health Care Authority shall adopt the rules necessary to enforce and administer the Oklahoma Health Care Authority Act; and
WHEREAS, the promulgation of permanent rules OAC 317:2-1-2, 317:2-1-5, 317:2-1-6, 317:2-1-7, 317:2-1-13, 317:25-9-1, 317:25-9-2, 317:25-9-3, 317:30—3-29, 317:35-17-3, 317:35-17-4, 317:35-17-16, and 317:45-13-1, which were finally adopted by the Board on March 10, 2011, does not reflect the intent of the Oklahoma Legislature.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE 1ST SESSION OF THE 53RD OKLAHOMA LEGISLATURE:
SECTION 1.  The Legislature hereby disapproves permanent rules OAC 317:2-1-2, 317:2-1-5, 317:2-1-6, 317:2-1-7, 317:2-1-13, 317:25-9-1, 317:25-9-2, 317:25-9-3, 317:30—3-29, 317:35-17-3, 317:35-17-4, 317:35-17-16, and 317:45-13-1.
SECTION 2.  The Secretary of State is directed to distribute copies of this resolution to the Governor, the Oklahoma Health Care Authority Board, and the editor of “The Oklahoma Register”.

53-1-7651	LRB	04/21/11