Administrative Rules

Rep. Mike Osburn, R-Edmond, today condemned the governor's veto of House Bill 3320, a move Osburn said ignores the need for smarter, more effective government. HB3320  would establish a sunset review process for all statutorily created entities, requiring them to demonstrate a clear public need to continue operating. After legislative review, entities must implement any required changes within one year or be dissolved. "The governor's veto of House Bill 3320 is a deeply misguided move that prioritizes outdated bureaucracy over meaningful, effective governance. "Under the current sunset process, the Legislature spends numerous hours every year considering dozens of sunset renewals bills without any actual teeth beyond allowing them to entirely expire. HB3320 was designed to bring Oklahoma’s oversight process into the modern era. Instead, the governor chose to protect a broken, bureaucratic ritual that produces more paperwork than progress. "Let me be clear: every agency, board and commission remains subject to open meetings, public records laws, audits and legislative scrutiny at any time. This bill would have allowed the Legislature to focus on underperforming agencies, requiring specific changes and better accountability rather than wasting time on agencies that are already operating efficiently. The governor’s veto rejects a streamlined approach in favor of maintaining an arbitrary system and continues uncertainty surrounding the very boards and commissions that regulate critical services across our state. "The Legislature, and the people of Oklahoma, must continue pushing for reforms that make government more accountable and focused on results. The governor could share in this effort but instead chose the status quo." Osburn quoted former President Ronald Reagan: "The people are the government. What we create we ought to be able to control." He also pointed to the governor's veto last year of a bill extending the operations of the Oklahoma State Board of Cosmetology and Barbering, a move that risked the livelihoods of more than 77,000 Oklahomans and could have risked the health of thousands of citizens.  Legislative action  was taken to allow the Board to continue operating. 

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.