Oklahoma Senate Bill SB539

Oklahoma 2022 Regular Session

• Introduced: 2/1/21
• Refer: 2/2/21

Caption

Agency administrative rules; requiring certain publication on agency websites; amending rules. Emergency.

Impact

If passed, SB539 would significantly modify the timeline and process surrounding how agency rules are established and reviewed. It moves to eliminate deadlines for certain reporting duties and alters the timeframe agencies have to respond to legislative inquiries regarding agency rules. The legislation also introduces provisions for waiving certain requirements, particularly under specific conditions deemed by the agency as contrary to public interest or unnecessary. This could streamline processes but may also raise concerns about transparency if such waivers are frequently utilized.

Summary

Senate Bill 539 seeks to amend Oklahoma's Administrative Procedures Act by establishing new requirements for agency administrative rules. It mandates that agencies publish their exempt rules on their websites, thus enhancing public access to information. This measure intends to address the issue of outdated or obsolete rules that agencies have previously maintained, ensuring that agencies continuously review their rules for relevance and compliance with relevant definitions of what constitutes a rule under the Act.

Contention

Opponents of SB539 may argue that the removal of certain deadlines and regulations could lead to less rigorous oversight of agency rulemaking processes. Critics are especially likely to scrutinize the autonomy granted to agencies to waive rules and the legislative's ability to amend proposed and effective rules after they are adopted. Proponents, however, argue that the flexibility offered could promote efficiency and allow agencies to adapt more readily to changing circumstances without being bogged down by bureaucratic hurdles.