House Passes Admin Rules Bill to Sunset 'Chevron Deference'
The Oklahoma House of Representatives on Monday passed legislation to eliminate the "doctrine of Chevron deference," a legal test that limited courts' ability to interpret ambiguous administrative rules. In June 2024, the U.S. Supreme Court overturned the Chevron deference, which directed courts to defer to an agency's interpretation of administrative rules rather than independently determining legislative intent. Rep. Gerrid Kendrix, R-Altus, authored House Bill 2729 to officially end Chevron deference, entrusting courts with the responsibility of interpreting legislative intent related to administrative rules under legal scrutiny. "As legislators, we are elected by our constituents and entrusted to secure and protect their unalienable rights," said Kendrix, who serves as chair of the House Administrative Rules Committee. "When agencies that create administrative rules, which hold the weight of law, are allowed to interpret these rules themselves, unelected bureaucrats are effectively writing laws that bypass the legislative process. This undermines the intent of both the U.S and Oklahoma Constitutions. House Bill 2729 ensures that unelected agencies do not have the final word in establishing law." "Lawmaking is the job of lawmakers," said House Speaker Kyle Hilbert, R-Bristow. "By eliminating the Chevron deference, we are restoring proper checks and balances and reaffirming that agencies cannot expand their own authority beyond what the law allows." HB2729 also directs that, after applying standard interpretative methods, ambiguous rules must be resolved in favor of those that limit agency authority and promote individual liberty. The measure passed the House 79-16 and now moves to the Senate for consideration.