Oklahoma 2025 Regular Session

Oklahoma Senate Bill SB918

Introduced
2/3/25  
Refer
2/4/25  

Caption

Administrative Procedures Act; requiring certain statutes and rules to be interpreted in a certain manner. Effective date.

Impact

The implications of this bill are significant for how judicial reviews of agency actions are conducted within Oklahoma. By mandating that courts adopt a strict interpretation approach and prioritize individual liberties, SB918 could lead to a decrease in the power of state agencies and potentially limit their regulatory reach. This change may encourage more individuals to challenge decisions made by agencies, knowing that there is a requisite for courts to interpret these decisions in favor of broader individual rights, thereby increasing accountability.

Summary

Senate Bill 918 aims to amend the Administrative Procedures Act of Oklahoma, particularly focusing on the interpretation of state statutes and administrative rules. The bill establishes that courts interpreting these statutes and rules shall not defer to state agency interpretations but shall instead interpret them de novo. Additionally, SB918 stipulates that in agency-related court cases, any remaining ambiguity in interpretation should favor a limiting construction of agency power, thereby maximizing individual liberty. This provision indicates an intention to bolster the rights of individuals against potential overreach by state agencies.

Sentiment

The sentiment surrounding SB918 appears to be mixed. Proponents argue that the bill is a necessary reform aimed at protecting individual rights and curbing agency power, reflecting a commitment to ensuring accountability in governmental practices. Critics, however, may view it as an impediment to effective governance, potentially hampering agencies' capacity to operate efficiently by introducing more legal challenges and uncertainties into the administrative process.

Contention

Some notable points of contention include concerns about the balance of power between state agencies and the judiciary. Opponents of SB918 argue that the bill could limit the effectiveness of state agencies tasked with enforcing laws and regulations, making it challenging for them to operate with the necessary autonomy. Additionally, the bill's requirement for courts to interpret statutes without deference to agency interpretations raises questions about the consistency and predictability of administrative law in Oklahoma.

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 SB192

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

OK SB1720

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

OK HB1297

Statutes and reports; Administrative Procedures Act; requiring electronic publishing of the Oklahoma Administrative Code and the Oklahoma Register; effective date.

OK SB180

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

OK HB2289

Revenue and taxation; state and local taxes; procedures; administration; Oklahoma Tax Commission; effective date; emergency.

OK HB2289

Revenue and taxation; state and local taxes; procedures; administration; Oklahoma Tax Commission; effective date; emergency.

OK SB1756

Child custody; requiring court to make written determination prior to approval of certain volunteer; requiring court review of certain information; requiring court to consider certain factor in custody determinations. Effective date.

OK SB1562

Agency, boards and commission reports; requiring certain method of filing reports. Effective date.

OK SB515

Administrative Procedures Act; modifying provisions for rule submission and Joint Committee. Emergency.

Similar Bills

No similar bills found.