Administrative Rules

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.

The Oklahoma House of Representatives has passed House Bill 2012, which would extend the operations of state harm-reduction programs through July 1, 2027. The bill, authored by Rep. Daniel Pae, R-Lawton, ensures harm-reduction services such as needle exchange programs and rapid sexually transmitted infection (STI) testing can continue their work. The programs, which must be registered with the Oklahoma State Department of Health (OSDH) but cannot use state funding, are currently set to expire in 2026.  "Harm-reduction programs are an essential tool in saving lives and protecting public health," Pae said. "These programs not only combat the spread of disease but also provide critical resources for individuals in need. This is a step forward for Oklahoma, as we work to support our communities and provide better access to life-saving services." The bill extends legislation Pae coauthored in 2021 that authorized harm-reduction programs to register with the Oklahoma State Department of Health. The four programs currently registered with OSDH distributed 578,330 syringes and 25,125 naloxone kits between 2022 and 2024. Additionally, they reported 1,212 overdose reversals and referred 1,528 individuals for substance use education or STI/HIV testing. Syringe exchange programs are linked to a decrease of HIV and Hepatitis C (HCV), both of which can spread through shared needles. In 2022, Oklahoma ranked among the top seven states in the U.S. with the highest rural burden of HIV. Each case costs the state over $500,000 throughout a person's life. That same year, Oklahoma also had the highest rate of new HCV infections. "Allowing these programs, which don't receive any state funding, to continue their work will later save the state millions of dollars," Pae said. "Additionally, extending this work will allow us more opportunities to learn about the long-term impact of these programs. Through House Bill 2012, we can continue to provide individuals with the resources they need to rebuild their lives and protect their health, ultimately creating a healthier and safer state for everyone." HB2012 passed the House floor 52-41 and now heads to the Senate for consideration.