House Committee Advances Bill to Reform Administrative Rulemaking
The Oklahoma House Administrative Rules Committee has approved legislation aimed at reforming the state’s administrative rulemaking process—the system through which state agencies implement laws by drafting and proposing regulations. House Bill 2728 , authored by Rep. Gerrid Kendrix, R-Altus, would establish the Regulations from the Executive in Need of Scrutiny (REINS) Act of 2025, modeled after similar federal legislation introduced in Congress last year. Kendrix described the REINS Act as a crucial first step toward increasing transparency and oversight in what he referred to as an attempt by the unelected bureaucracy to create an unconstitutional "fourth branch of government." "Administrative rules allow agencies to impose regulations without being approved by the legislative branch," said Kendrix, who chairs the House Administrative Rules Committee. "Once approved, these rules carry the force of law and take effect by default, largely bypassing the Legislature's ability to intervene. House Bill 2728 provides a critical opportunity to create a more balanced and accountable administrative rulemaking process, ensuring that those elected by Oklahomans have greater oversight of the regulations impacting our state." After the Legislature passes a law, state agencies draft and propose the regulations necessary for its implementation. Agencies submitted 266 packets this year, totaling thousands of pages. The Legislature then reviews these rules and can disapprove them by passing a resolution. Once a rule takes effect, it has the same legal weight as a law. However, unlike other legislative measures, lawmakers can only reject rules in part or in whole but cannot amend individual rules. If the Legislature takes no action, the rules advance to the governor, who follows the same process. If the governor doesn’t address them, they automatically go into effect. “We all talk about the concern of growing government, and yet our current process allows that to happen by default,” Kendrix said. If HB2728 is enacted, all proposed rules would be submitted with an economic impact statement, while proposed rules with a projected fiscal impact of at least $1 million over the first five years would require separate proactive legislative approval. The bill would also establish the Legislative Economic Analysis Unit (LEAU) within the Legislative Office of Fiscal Transparency (LOFT) to provide independent reviews of agencies' economic impact statements to ensure accuracy and completeness, with all analyses made available online. This is modeled after many states that have put in place this third-party evaluation system for administrative rules, which has saved millions in cutting excess red tape and ensuring legislative intent is followed. "I want to thank Chairman Kendrix and the members of our caucus who have worked to put in place this thoughtful process that will ensure lawmakers have a say in how the laws we create are implemented at the agency level," said Speaker Kyle Hilbert, R-Bristow. "It's the Legislature's duty to ensure that the rules governing our people are practical and accountable. The REINS Act is a crucial first step toward a better system, and I appreciate Chairman Kendrix’s efforts to drive meaningful reform." HB2728 passed the committee 12-1.