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 SB860

Uniform Controlled Dangerous Substances Act; adding certain substance to Schedule I. Effective date.

OK SB284

Specie; authorizing the payment of certain public and private debts; restricting the requirement of payment in specie. Effective date.

OK SB269

Carbon sequestration; modifying jurisdiction over certain injection wells; establishing provisions for establishment of certain CO2 sequestration facilities and storage units. Effective date.

OK SB227

Taxation; modifying and limiting certain credits, deductions, and exemptions; modifying income tax rate for certain years. Effective date. Emergency.

OK SB581

Gold and silver; authorizing employees to request payment in gold and silver; directing creation of Oklahoma Bullion Depository; exempting sale of gold and silver from income tax. Effective date.

OK SB669

Practice of dentistry; modifying various provisions of the State Dental Act. Effective date.

OK SB103

Income tax; modifying exemption for certain retirement benefits for certain tax years. Effective date.

OK SB60

Income tax; modifying certain apportionment factors for determining Oklahoma taxable income for certain tax years. Effective date.

Similar Bills

No similar bills found.