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Toxic Waste Impact Group, Inc. v. Leavitt

755 P.2d 626, 1988 OK 20

Rules and regulations enacted by administrative agencies pursuant to the powers delegated to them have the force and effect of law and are presumed to be reasonable and valid. The burden of establishing that an administrative rule is not reasonable or valid is on the party complaining of the rule.  Great weight is to be accorded the expertise of an administrative agency and a presumption of validity attaches to the exercise of expertise when the administrative agency is reviewed by a court. A court should not substitute its own judgment for that of an agency, particularly in the area of expertise which the agency supervises.  Further, long continued construction of a statute by a department charged with its execution is entitled to great weight and should not be overturned without cogent reasons.  See 74 O.S. §85.5.

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