Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1455

Introduced
2/7/22  
Refer
2/8/22  
Report Pass
2/22/22  
Engrossed
3/10/22  

Caption

Administrative Procedures Act; establishing guidelines for interpretation of statutes or administrative rules. Effective date.

Impact

If enacted, SB1455 will significantly alter the relationship between state agencies and the judicial system in Oklahoma. By denying the deference typically afforded to agency interpretations, the bill aims to increase judicial accountability and provide more robust protection of individual rights within administrative processes. This could lead to a shift in how state laws and regulations are applied, ultimately affecting individuals' experiences in disputes with state agencies.

Summary

Senate Bill 1455 aims to modify the state's Administrative Procedures Act by mandating a de novo interpretation of statutes, rules, or other documents in legal proceedings involving state agencies. This bill establishes that courts and administrative hearing officers shall not defer to the interpretations made by state agencies, but rather independently interpret documents in questions brought by or against those agencies. The intent behind this legislation is to enhance judicial oversight over agency actions and ensure that interpretations favor individual liberties, thereby limiting agency power.

Sentiment

The sentiment around SB1455 appears divided among legislators and stakeholders. Proponents of the bill emphasize the importance of having independent judicial interpretation to safeguard citizens' liberties against potential bureaucratic overreach. They argue that this legislative change is necessary to ensure that state agencies do not exert unwarranted power over individuals. Conversely, critics express concern that the bill could complicate administrative proceedings and undermine the effectiveness of state agencies that rely on their expertise for interpreting regulations and rules.

Contention

Notable points of contention include arguments from those who fear that excessive judicial interference in agency interpretations could paralyze regulatory processes. Concerns have been raised regarding the potential for increased litigation resulting from the new interpretation standards, which could strain the judicial system. Additionally, there is apprehension that this legislation might lead to inconsistent applications of state law, as courts may arrive at varying interpretations instead of honoring established agency guidelines.

Companion Bills

No companion bills found.

Previously Filed As

OK SB70

Administrative Procedures Act; establishing guidelines for interpretation of statutes or administrative rules. Effective date.

OK SB639

Administrative Procedures Act; establishing guidelines for interpretation of statutes or administrative rules. Effective date.

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 HB2729

Administrative Procedures Act; judicial review; providing for timing of certain claim; requiring interpretation of statute, rule, or regulation be provided; establishing guidelines; effective date.

OK SB819

Administrative Procedures Act; establishing procedures for certain review. Effective date.

OK SB918

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

OK SB712

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

OK SB180

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

Similar Bills

No similar bills found.