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An Act
ENROLLED HOUSE
BILL NO. 4319 By: Kendrix, Maynard,
Crosswhite Hader, McCane,
and Timmons of the House
and
Bergstrom, Jett, Deevers,
and Woods of the Senate
An Act relating to the Administrative Procedures Act;
limiting promulgation of agency rules to specific and
explicit state law authorization; prohibiting
promulgation of rules relying on general statements
of rulemaking authority; invalidating rules not
supported by specific and explicit authority;
requiring notice of specific rulemaking authority;
amending 75 O.S. 2021, Section 308, as last amended
by Section 8, Chapter 258, O.S.L. 2025 (75 O.S. Supp.
2025, Section 308), which relates to legislative
review of rules; requiring the Legislature to
determine specific and explicit rulemaking authority
and scope of authority; invalidating rules found
lacking specific authority; requiring agencies to
review and determine rulemaking authority within
three years; repealing noncompliant administrative
rules by certain date; providing for codification;
and providing an effective date.
SUBJECT: Administrative Procedures Act
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 250.2a of Title 75, unless there
is created a duplication in numbering, reads as follows:
A. An agency may promulgate rules in accordance with the
Administrative Procedures Act only to the extent that the agency has
ENR. H. B. NO. 4319 Page 2
been specifically and explicitly granted rulemaking authority by
state law.
B. General statements of rulemaking authority, including but
not limited to, language authorizing an agency to act "as necessary
and proper" to carry out its duties, or to promulgate rules "to
effectuate the purposes" of a statute, shall not constitute explicit
state law authority for rulemaking.
C. Any rule adopted by an agency that is not supported by
specific and explicit rulemaking authority in state law shall be
deemed invalid and of no force or effect.
D. In the notice of rulemaking required by Section 303 of this
title, agencies shall cite the specific sections of state law that
provide explicit authority for the rule. Failure to provide such
citation shall render the rule invalid.
SECTION 2. AMENDATORY 75 O.S. 2021, Section 308, as last
amended by Section 8, Chapter 258, O.S.L. 2025 (75 O.S. Supp. 2025,
Section 308), is amended to read as follows:
Section 308. A. 1. Upon receipt of any proposed permanent
rules, the Speaker of the House of Representatives and the President
Pro Tempore of the Senate shall assign such rules to the appropriate
committees of each house of the Legislature for review. Except as
otherwise provided by this section:
1.
a. If if such rules are received on or before February 1,
the Legislature shall have until the last day of the
regular legislative session of that year to review
such rules;, and
2.
b. If if such rules are received after the date
established pursuant to paragraph 1 of this
subsection, the Legislature shall have until the last
day of the regular legislative session of the next
year to act on such rules.
2. In reviewing proposed permanent and emergency rules, the
Legislature shall determine whether:
ENR. H. B. NO. 4319 Page 3
a. the agency has cited specific and explicit authority
from state law for the rule, and
b. the rule exceeds the scope of authority delegated by
the Legislature.
3. Any rule found by the Legislature to lack specific and
explicit authority from state law shall be disapproved and declared
invalid.
B. By the adoption of joint resolutions during the review
period specified in subsection A of this section, the Legislature
may disapprove or approve any rule and disapprove all or part of a
rule or rules.
C. Unless otherwise authorized by the Legislature, whenever a
rule is disapproved as provided in subsection B of this section, the
agency adopting such rules shall not have authority to resubmit an
identical rule, except during the first sixty (60) calendar days of
the next regular legislative session. Any effective emergency rule
which would have been superseded by a disapproved permanent rule
shall be deemed null and void on the date the Legislature
disapproves the permanent rule. Rules may be disapproved in part or
in whole by the Legislature. Upon enactment of any joint resolution
disapproving a rule, the agency shall file notice of such
legislative disapproval with the Secretary of State for publication
in "The Oklahoma Register".
D. Unless otherwise provided by specific vote of the
Legislature, joint resolutions introduced for purposes of
disapproving or approving a rule or the omnibus joint resolution
shall not be subject to regular legislative cutoff dates, shall be
limited to such provisions as may be necessary for disapproval or
approval of a rule, and any such other direction or mandate
regarding the rule deemed necessary by the Legislature. The
resolution shall contain no other provisions.
E. A proposed permanent rule shall be deemed finally adopted
if:
1. Approved by the Legislature pursuant to Section 308.3 of
this title, provided that any such joint resolution becomes law in
accordance with Section 11 of Article VI of the Oklahoma
Constitution;
ENR. H. B. NO. 4319 Page 4
2. Approved by a joint resolution pursuant to subsection B of
this section, provided that any such resolution becomes law in
accordance with Section 11 of Article VI of the Oklahoma
Constitution; or
3. Disapproved by a joint resolution pursuant to subsection B
of this section or Section 308.3 of this title which has been vetoed
by the Governor in accordance with Section 11 of Article VI of the
Oklahoma Constitution and the veto has not been overridden.
Provided, major rules shall be addressed in one or more joint
resolutions only addressing major rules, regardless of if the joint
resolution is to approve or disapprove such rules.
F. Prior to final adoption of a rule, an agency may withdraw a
rule from legislative review. Notice of such withdrawal shall be
given to the Governor, the Speaker of the House of Representatives,
the President Pro Tempore of the Senate, and to the Secretary of
State for publication in "The Oklahoma Register".
G. An agency may promulgate an emergency rule only pursuant to
Section 253 of this title.
H. Any rights, privileges, or interests gained by any person by
operation of an emergency rule shall not be affected by reason of
any subsequent disapproval or rejection of such rule by either house
of the Legislature.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 308.4 of Title 75, unless there
is created a duplication in numbering, reads as follows:
A. Within three (3) years of the effective date of this act,
each agency shall prepare an inventory of all existing rules and
cite the specific sections of state law providing explicit
rulemaking authority to the agency for each rule.
B. Any rule not supported by a specific and explicit state law
citation shall be deemed repealed on January 1, 2030, unless the
Legislature affirmatively reauthorizes the rule by joint resolution.
SECTION 4. This act shall become effective November 1, 2026.
ENR. H. B. NO. 4319 Page 5
Passed the House of Representatives the 11th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the 15th day of April, 2026.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________