Oklahoma legislation · 2026 Regular Session
Oklahoma HB4319: Administrative Procedures Act; agency rules; specific and explicit state law authorization; authority; legislative review; agency review; compliance; effective date.
Status: Signed into law, April 20, 2026
What the bill says
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…
From the enrolled text, April 15, 2026:
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 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 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 …