Drummond issues formal opinion on State Board of Education rule-making authority
OKLAHOMA CITY - Oklahoma law does not give the State Board of Education (SBE) the ability to make administrative rules without proper direction from the state Legislature, Attorney General Gentner Drummond recently ruled in a formal opinion.
“It is well settled that an agency may only exercise the powers expressly given by statute,” the opinion states. “An agency cannot expand those powers by its own authority.”
Drummond commented on the opinion, saying the content of the rules are irrelevant to the issue of whether proper authority exists to issue them.