Lawmakers approve change to rule process
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Published: 08-Mar-2011
Legislative Staff Report

Published 08-Mar-2011
 
Certain agency rules could not take effect without the express approval of the Legislature under legislation approved today by the Oklahoma House of Representatives.
 
House Bill 1044, by state Rep. George Faught, strikes language under current law that gives the Legislature the opportunity only to disapprove rules, and replaces it with language that would make major rules void without legislative approval.
 
Faught said state agency rules need legislative oversight.
 
“It’s simply not appropriate for state agencies to enact fees and make large-scale changes without legislative oversight,” Faught, a Muskogee Republican, said. “Currently, state agency rules are automatically assumed valid and have the effect of law if the Legislature fails to disapprove them within a certain time period. My legislation requires legislative approval of major administrative rules and fee increases.”
 
Faught said the legislation will also address a tendency among state agencies to fill budget holes by enacting fee increases.
 
“There are plenty of examples of agencies using rules to raise fees to address budget cuts,” Faught said. “Agency heads cannot be voted out of office and therefore should not have free rein to do as they please.”
 
House Bill 1044 passed by a vote of 94 to 0. It will now proceed to the Senate for consideration.

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