Quote:
8. a. The Commissioner of Public Safety shall be exempt from
Sections 303.1, 303.2, 304, 307.1, 308 and 308.1 of
this title insofar as it is necessary to promulgate rules
pursuant to the Oklahoma Motor Carrier Safety and
Hazardous Materials Transportation Act, to maintain a
current incorporation of federal motor carrier safety and
hazardous material regulations, or pursuant to Chapter
6 of Title 47 of the Oklahoma Statutes, to maintain a
current incorporation of federal commercial driver license regulations, for which the Commissioner has no
discretion when the state is mandated to promulgate
rules identical to federal rules and regulations.
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Wouldn't this legal precept destroy an argument that the Administrative Procedures Act had not been complied with, as the DL is prescribed by statute so that the Oklahoma Department of Public Safety is likewise without descretion concerning same?