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.

The Oklahoma Legislature has completed its work on administrative rules for the 2025 session, approving a total of six joint resolutions addressing rules submitted by state agencies and finalizing four major reform bills The House and Senate concluded the rules process with the passage of six joint resolutions this week, each disapproving specific proposed rules from state agencies. In total, 62 agencies, boards and commissions submitted more than 5,600 pages of rules ahead of the Feb. 1 deadline. The Legislature cannot amend rules; it only has the authority to approve or disapprove them. Once approved, rules carry the full force of law. "When we allow rules that lack proper statutory grounding, we are complicit in the erosion of that authority and willingly hand over the reins of lawmaking to unelected administrators," said House Administrative Rules Chair Rep. Gerrid Kendrix, R-Altus. "Rules without specific statutory authority are not merely overstepping—they bypass the will of the people and their elected representatives. Disapproving such rules is not obstruction; it is fidelity. It is our constitutional responsibility to preserve the boundaries of government power and to protect the liberty of the governed." "This work doesn't get done without the hard work and dedication of my House colleagues who spent hours reviewing hundreds of proposed rules and their related statutes," Kendrix added. "I also appreciate the House staff that has worked long hours with us and for us."  The final three resolutions, all adopted unanimously by the House, were: Senate Joint Resolution 22 , disapproving certain rules proposed by the State Department of Education. Senate Joint Resolution 21 , disapproving certain rules from the Oklahoma Department of Securities and the Oklahoma Medical Marijuana Authority. Senate Joint Resolution 18 , disapproving certain rules submitted by the Office of Management and Enterprise Services. On Wednesday, the Senate gave final approval to three additional resolutions addressing rules related to energy, agriculture and wildlife agencies; judicial and public safety agencies; and health-related agencies. All six resolutions were authored by Kendrix and Sen. Micheal Bergstrom, R-Adair, chair of the Senate Administrative Rules Committee. "As these pieces of legislation become law, we are taking significant steps to ensure that regulations are no longer created in isolation by state agencies, but instead, are subject to greater oversight by the people’s elected representatives," Bergstrom said. "With these reforms in statute, Oklahomans will see a more transparent, accountable, and responsive administrative rules process that will better serve our state. I appreciate and commend everyone who played a role in getting these bills across the finish line." In addition to reviewing rules, lawmakers this year passed a suite of reforms aimed at modernizing and strengthening legislative oversight of the rulemaking process. "These reforms mark a significant step forward in restoring legislative oversight and reinforcing the separation of powers in Oklahoma," said House Speaker Kyle Hilbert, R-Bristow. "By strengthening the rulemaking process, we are ensuring that agencies remain accountable to the law and, ultimately, to the people of Oklahoma. I’m proud of the work our members have done to uphold the Legislature’s constitutional responsibility." Three reform measures have now been signed into 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 Legislative Office of Fiscal Transparency (LOFT) is tasked with conducting impact analyses for proposed rules with a significant fiscal impact. House Bill 2729 brings an end to the Chevron deference in response to the U.S. Supreme Court’s June 2024 decision to overturn the Chevron doctrine. The measure establishes that state courts must independently interpret state statutes, regulations and sub-regulatory documents rather than deferring to a state agency’s interpretation. Senate Bill 1024 would prohibit the adoption of a proposed rule by an agency unless the agency receives approval from the Governor or the appropriate cabinet secretary. A fourth bill is still on the governor's desk. Senate Bill 995 clarifies that any rule not explicitly approved by the Legislature is considered disapproved. He has until Saturday, May 24, at midnight to act on the measure.

A measure requiring all administrative rules to receive proactive approval from the Oklahoma Legislature before taking effect has moved one step closer to becoming law. State agencies are often tasked with drafting administrative rules to implement state statutes. These rules must go through a public comment period and, once finalized, carry the full force of law. Currently, under Oklahoma’s administrative rules process, all submitted rules must be reviewed by the Legislature. However, if lawmakers take no action, the rules are then sent to the governor. Should the governor also decline to act, the rules automatically go into effect without any formal approval. Senate Bill 995 , carried in the House by Rep. Gerrid Kendrix, R-Altus, would change that process by requiring all rules to be approved through a joint resolution of the Legislature before taking effect. Any rules not explicitly approved would be considered disapproved. "Too often, administrative rules written by unelected agency bureaucrats go into effect without any input from the people’s elected representatives," said Kendrix, who chairs the House Administrative Rules Committee. "This undermines the role of the Legislature and, by extension, the voices of our constituents. Senate Bill 995 ensures that lawmakers have the final say on new rules before they take effect. This bill provides the transparency and accountability Oklahomans deserve, and I believe the time is right to get it done." SB995 is authored in the Senate by Sen. Micheal Bergstrom, R-Adair, who chairs the Senate Administrative Rules Committee. The two lawmakers held an interim study in October to explore protentional reforms to the rulemaking process. The bill passed committee 11-0 on Wednesday and now moves to the House floor for consideration. However, SB995 was amended in committee and would need to be approved by the Senate again before moving to the governor's desk. An emergency clause attached to the measure would make it effective immediately upon being signed into law.