Conference Committee on Administrative Rules

Rep. Gerrid Kendrix, R-Altus, today joined Governor Kevin Stitt for a ceremonial bill signing of a bill that eliminates the use of Chevron deference, a legal test that limited the ability of courts to interpret ambiguous administrative rules. Kendrix, who serves as House Administrative Rules Chair, authored House Bill 2729 , which entrusts courts with the responsibility of interpreting legislative intent related to administrative rules under legal scrutiny. "Ending the use of Chevron deference ensures that the rule of law, not the rule of regulators, governs in Oklahoma," Kendrix said. "When the agencies that write the rules are the default interpreters of rules, rather than the courts, we strip the judicial branch of the authority it needs to rein in bureaucratic overreach. I appreciate the support of the governor and my legislative colleagues who understand the valuable, but complex, role of administrative rules in our state government." The Chevron deference, established through a 1984 U.S. Supreme Court ruling, required courts to defer to an agency's interpretation of administrative rules. After the legal test was overturned in June 2024, courts could again independently determine the legislative intent of ambiguous rules. Administrative rules are the regulations written by state agencies to implement laws passed by the Legislature. While statutes set broad policy, rules provide the practical instructions needed to enforce those laws. Administrative rules proposed by state agencies must move through a legislative process and, once approved, have the force of law. "Administrative rules are a slippery slope," Kendrix said. "Without proper legislative oversight and full authority of our courts, it is very easy for an agency, intentionally or not, to overstep legislative intent and bypass the will of the people expressed through their elected representatives. It is a tricky area of our government, but one that I believe is vitally important to protecting the liberties of our citizens and preserving the boundaries of government power." Kendrix also carried three other administrative rule reform measures , all of which became law: House Bill 2728 creates the Regulations from the Executive in Need of Scrutiny (REINS) Act of 2025, which establishes new statutory requirements for state agencies adopting major administrative rules. The nonpartisan Legislative Office of Fiscal Transparency (LOFT) is tasked with conducting impact analyses for proposed rules with a significant fiscal impact. Senate Bill 995 clarifies that any rule not explicitly approved by the Legislature is considered disapproved. Senate Bill 1024 prohibits the adoption of a proposed rule by an agency unless the agency receives approval from the Governor or the appropriate cabinet secretary. HB2729 takes effect Nov. 1. The other three administrative rules reform measures took effect immediately upon being signed into law.

Rep. Gerrid Kendrix, R-Altus, and Sen. Micheal Bergstrom, R-Adair, recently held an interim study examining Oklahoma's current administrative rules process and considering how it could be made more efficient and transparent. "One of the things we’ve been working on is trying to make this process more transparent, get more people involved in it, make it more accountable not only to us as legislators but also to the public, where more people are aware of the rules process—how it works, the notification process, the public comment process," Kendrix said during the study. "We've been working with the secretary of state on the portal that they have, to try to make that better for everybody involved." Chris Coffman from the Office of the Oklahoma Secretary of State told attendees about two websites the Office of Administrative Rules (OAR) division operates to increase transparency and accountability. OAR is responsible for publishing public body meeting notices and maintaining official records of the state's rules and rulemaking notices, among other responsibilities. The first website Coffman highlighted, openmeetings.ok.gov , provides options to search for upcoming and archived open meetings, view a calendar of upcoming meetings, and view a list of all public bodies and agencies that must adhere to the Open Meetings Act. Oklahomans also can subscribe to be alerted via email or text notifications when public bodies post open meeting notices and documents. Coffman shared that, while the website is still a work in progress, 400 active public bodies have begun submitting meeting notices. He noted these meeting notices could include rulemaking hearings. Proposed administrative rules, which hold the effect of law once approved, may be viewed at rules.ok.gov . Coffman said the website is designed to be a "one-stop rules portal" that citizens, agencies and elected officials can access at each step of the rulemaking process. Kendrix, who serves as chair of the House Administrative Rules Committee, said he has multiple people reaching out directly to him during each session for help viewing proposed rules because the process has historically been so cumbersome. "Oklahoma’s administrative rules process has an enormous impact on our state’s communities and businesses, so it's essential that this process is both clear and accessible to everyone," Bergstrom said. "By making it easier for the public to engage and stay informed, we’re taking steps toward a government that works on behalf of Oklahomans. Our goal is a process that respects public input and strengthens accountability across the board." Kendrix and Bergstrom said they intend to use their findings from the study to consider potential improvements to make Oklahoma's administrative rulemaking process more efficient and accountable to the people.