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Senate bill to require de novo review of agency interpretations draws mixed testimony
Summary
Senator Nick Schroer presented Senate Bill 221 to require courts to interpret agency rules and statutes de novo and to resolve lingering ambiguity in favor of limiting agency power; supporters called it a restoration of checks and balances and critics urged more work and caution.
Senator Nick Schroer (Senate District 2) described Senate Bill 221 in a public hearing before the House Judiciary Committee as a proposal to require de novo judicial review of state agencies’ interpretations of statutes, rules and subregulatory documents.
Schroer said the bill would require courts and administrative hearing officers to interpret legal texts anew without deferring to an agency’s prior interpretation; if ambiguity persisted after conventional interpretive methods, the bill would direct courts to adopt…
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