Oklahoma 2022 2022 Regular Session

Oklahoma Senate Bill SB1455 Introduced / Bill

Filed 01/19/2022

                     
 
 
Req. No. 3425 	Page 1  1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
   1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
  
STATE OF OKLAHOMA 
 
2nd Session of the 58th Legislature (2022) 
 
SENATE BILL 1455 	By: Daniels 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to the Administrative Proced ures Act; 
requiring a court or an adminis trative hearing 
officer to provide de novo interpr etation of statute, 
rule, or other document; estab lishing guidelines for 
court interpretation of statute, rule, or other 
document in certain actions; providing for 
codification; and providing an effective d ate. 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 318.1 of Title 75, unless there 
is created a duplication in numb ering, reads as follows: 
In the interpretation of a state statute, administrative rule, 
or other subregulatory document, a court of this state or an officer 
hearing an administrative action shall not defer to the 
interpretation of a state agency and shall interpret the meaning and 
effect de novo.  In an action brought by or against a state agency, 
after applying all customary tools of interpretat ion, the court or 
hearing officer shall exercise any remaining d oubt in favor of a   
 
 
Req. No. 3425 	Page 2  1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
   1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
  
reasonable interpretation which lim its agency power and maximizes 
individual liberty. 
SECTION 2.  This act shall become effective November 1, 2022. 
 
58-2-3425 TEK 1/19/2022 6:55:26 PM