Subcommittee passes bill to codify courts' primacy in interpreting agency rules
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Summary
Representative Reeves' HB 1247 would codify recent court decisions that agency interpretations are not equivalent to law, narrowing deference to agency handbooks and internal guidance. Supporters said the change restores predictable administration; subcommittee approved the bill by voice vote.
Representative Reeves presented House Bill 1247, a short statute the sponsor described as codifying current case law (including the EVA and Jackson decisions) that courts — not agencies — interpret statutes and regulations. Reeves said the bill does not eliminate rulemaking or agency expertise but clarifies that agency handbooks and internal guidance are not a substitute for law and that judicial review should focus on written statutes and duly promulgated regulations.
Supporters argued the bill creates a clear, public standard for regulated Georgians and preserves the legislature's role in making law. Scott Turner and representatives of EVA supported the measure, saying it reinforces judicial review practices introduced by recent cases and creates a modest, predictable statutory standard. Opponents or questioners raised concerns about removing possible sources of agency expertise for judges; supporters responded that the bill does not prevent agencies from presenting expertise in court but prevents agency guidance from substituting for law.
Representative Reeves moved the bill and the committee recorded a voice vote with members answering 'Aye' and no opposition on the record; the bill was advanced out of subcommittee. The meeting then adjourned.
