What is Administrative law?
Administrative law is the exercise of government authority by the executive branch and its agencies. Under the delegation doctrine, the legislative branch passes laws called "enabling acts," which give authority to agencies to enact regulations to interpret and administer statutes. These administrative regulations (often referred to as "rules") have the same force of law as statutes.
Under the authority of the enabling act agencies enact and enforce legally binding regulations. One common means of challenging agency action is asserting that the agency exceeded the authority delegated to it in the enabling act.
Oklahoma Administrative Law Research
Oklahoma Legal Research outlines a strategy for Oklahoma administrative law research as follows:
1. Locate the statutory or constitutional provision creating the agency or granting the agency authority to act. Use of the annotated code (including the Oklahoma Constitution) will assist in determining whether there is authority indicating that the agency acted within the grant of power,
2. Locate the text of relevant rules in the Oklahoma Administrative Code.
3. Update rules using the Oklahoma Register to locate recent changes or proposed changes. Citator tools may assist in locating entries in the Oklahoma Register.
4. Locate agency and judicial decisions applying rules in similar circumstances or opinions of the Attorney General regarding applicable rules.