Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1720

Introduced
2/5/24  

Caption

Administrative Procedures Act; establishing guidelines for court interpretation of certain rules and regulations. Effective date.

Impact

The bill's passage would fundamentally alter the dynamics of judicial review within the state's administrative framework. By mandating courts to interpret agency rules and statutes independently, it aims to enhance the accountability of administrative decisions, providing aggrieved parties a stronger position in contesting agency actions. This shift could potentially lead to more frequent court challenges against agency interpretations, allowing for interpretations that favor individual rights over agency authority, impacting various sectors governed by state regulations.

Summary

Senate Bill 1720 amends the Administrative Procedures Act in Oklahoma by establishing guidelines for court interpretation of statutes, rules, and regulations. Notably, it requires courts and administrative hearing officers to provide a de novo interpretation rather than deferring to state agencies. This change emphasizes a judicial review system aimed at maximizing individual liberties while limiting agency power, ensuring that the courts engage directly with the meanings and implications of state laws without bias from agency interpretations.

Contention

Notable points of contention regarding SB1720 include concerns from various stakeholders about the implications of changing the standard of review. Supporters argue that the bill is essential for protecting individual rights and ensuring fair treatment under the law, particularly against the perceived overreach of state agencies. Conversely, opponents fear that while intended to empower individuals, the shift may lead to an inconsistency in the application of laws and could burden the judicial system with increased cases as more individuals seek to contest agency decisions.

Companion Bills

No companion bills found.

Previously Filed As

OK SB192

Administrative Procedures Act; establishing guidelines for court interpretation of statutes, rules, or other regulations. Effective date.

OK SB180

Administrative Procedures Act; clarifying scope of rulemaking authority; requiring inclusion of statutory authority with administrative rules. Effective date.

OK SB647

Enforcement of county regulations; modifying procedures for enforcement of certain code violations; establishing procedural requirements for certain citations. Effective date.

OK SB490

Civil procedure; creating the Public Participation Protection Act; establishing procedures for special motion to dismiss. Effective date.

OK SB1065

Ignition interlock devices; requiring and permitting courts to issue certain release guidelines. Effective date.

OK SB656

Child support; creating the Paternal Responsibility Act; making certain persons financially liable for certain prenatal care; establishing certain procedures for certain actions. Effective date. Emergency.

OK SB35

Electronic communication; creating the Electronic Communication and Device Privacy Act; establishing procedures for access to certain information. Effective date.

OK SB565

Civil procedure; establishing proper venue for certain actions. Effective date.

OK SB730

Censorship of social media; creating cause of action for deletion or censorship of certain speech, establishing procedures for certain actions. Effective date.

OK SB461

Administrative Procedures Act; modifying definition. Emergency.

Similar Bills

No similar bills found.