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Bill > SB819
OK SB819
OK SB819Administrative Procedures Act; establishing procedures for certain review. Effective date.
summary
Introduced
02/03/2025
02/03/2025
In Committee
02/04/2025
02/04/2025
Crossed Over
Passed
Dead
Introduced Session
2025 Regular Session
Bill Summary
An Act relating to the Administrative Procedures Act; amending 75 O.S. 2021, Section 318, which relates to judicial review; providing for timing of accrual of certain claim; requiring a court or an administrative hearing officer to provide de novo interpretation of statute, rule, or other document; establishing guidelines for court interpretation of statute, rule, or other document in certain actions; prohibiting imposition of civil penalty in certain actions; providing exceptions; providing for codification; and providing an effective date.
AI Summary
This bill amends Oklahoma's Administrative Procedures Act to make several important changes to how administrative agency actions are reviewed by courts. First, it clarifies that a claim under the Administrative Procedures Act accrues when a plaintiff has the right to assert the claim in court, which is at the earliest the date the party is aggrieved by final agency action. The bill introduces a new requirement that when interpreting state statutes, administrative rules, or other documents, courts and administrative hearing officers must provide a "de novo" interpretation, meaning they will independently interpret the law without deferring to the agency's interpretation. Additionally, when interpreting laws, courts must resolve any remaining doubts in a way that limits agency power and maximizes individual liberty. The bill also restricts civil penalties in certain administrative actions, requiring that such penalties can only be awarded after a jury trial for conduct that would typically be subject to a common law suit. These changes aim to provide more robust judicial review of administrative actions, give more power to courts in interpreting laws, and protect individuals from potentially overreaching administrative agencies. The bill will become effective on November 1, 2025.
Committee Categories
Justice
Sponsors (2)
Last Action
Coauthored by Representative Steagall (principal House author) (on 02/04/2025)
Official Document
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