Administrative Rules

The last of four major reforms to Oklahoma’s administrative rulemaking process took effect last month, marking a significant overhaul of the state's regulatory oversight system. Already in effect were three other new laws that strengthen legislative oversight, limit agency overreach and ensure that regulations are grounded in law and subject to greater public accountability. Administrative rules are the regulations written by state agencies to enforce laws passed by the Legislature and carry the force of law. After being approved by the agency, proposed rules move to the Legislature, but state statute left loopholes that could allow rules to become permanent without a single vote from lawmakers. "When the Legislature, whether by intention or disregard, let regulations take effect without approval by lawmakers, we cede our lawmaking constitutional responsibility to unknown, unelected bureaucrats," said Rep. Gerrid Kendrix, R-Altus, who chairs the House Administrative Rules Committee. "That's not what we were elected to do. We weren't sent to the State Capitol to run the government on autopilot. I'm glad to see the last of these reform bills take effect and retore transparency, accountability and common sense to the rulemaking process." Taking effect on Nov. 1 was House Bill 2729 , which eliminates the Chevron deference at the state level, following the U.S. Supreme Court’s 2024 decision overturning the federal doctrine. The measure directs Oklahoma courts to independently interpret administrative rules rather than deferring to agency interpretations. Three other major reform bills, which Kendrix authored or coauthored, took effect earlier this year. House Bill 2728  establishes the Regulations from the Executive in Need of Scrutiny (REINS) Act of 2025. The law requires additional fiscal and statutory review for major agency rules, ensuring that regulations with significant financial or policy impacts receive proper legislative attention. Under the REINS Act, the Legislative Office of Fiscal Transparency (LOFT) will analyze proposed major rules and report potential costs or economic effects before implementation. Additionally, any rule expected to cost over $1 million over five years must be voted on separately from other proposed rules. The third bill, Senate Bill 995 , clarifies that any agency rule not explicitly approved by the Legislature is considered disapproved, reinforcing that administrative rules cannot carry the force of law without legislative consent. The final bill, Senate Bill 1024 , prohibits the adoption of a proposed rule by an agency unless the agency receives approval of scope from the Governor or the appropriate cabinet secretary. This additional step ensures that the agency has statutory authority to propose the rule. "These four bills provide a much-needed modernization of Oklahoma's administrative rulemaking framework," Kendrix said. "Most importantly, they reaffirm the Legislature's constitutional role in ensuring that all regulations reflect the will of the people." Kendrix also highlighted the new online portal, rules.ok.gov , where Oklahomans can review proposed rules, find information about submitting public comment and sign up for emails about an agency's rule-making activity. "The previous process for considering administrative rules wasn't just confusing, it was irresponsible on our part," Kendrix said. "With these new bills and the online portal, everyday Oklahomans can more easily read the rules that may govern their lives and participate in their government."

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.