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ENGROSSED SENATE
BILL NO. 1455 By: Daniels and Rogers of the
Senate
and
Moore of the House
An Act relating to the Administrative Proced ures Act;
requiring a court or an adminis trative hearing
officer to provide de novo interpretation of statute,
rule, or other document; establishing 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 O KLAHOMA:
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
reasonable interpretation which lim its agency power and maximizes
individual liberty.
SECTION 2. This act shall become effective November 1, 2022.
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Passed the Senate the 9th day of March, 2022.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2022.
Presiding Officer of the House
of Representatives