Rep. Meermin urges judges to review agency decisions 'de novo' in two bills

Representative Meermin told the House Rules Committee on May 14 that two bills she is sponsoring, filed as House Bills 58‑15 and 58‑16, would require hearing judges to review agency decisions "de novo" rather than approaching appeals with presumptive deference to the agency. "All we're asking for is a level ground, a neutral ground," Meermin said in testimony before the committee.

Meermin, who said she was testifying on behalf of Rep. Wozniak as well as herself, argued current practice effectively forces citizens to prove a department is wrong when they appeal an administrative decision. She described scenarios such as property owners seeking to build where a regulatory agency requires remediation or denies a permit: "When you appeal that decision, you would end up, I think, at a disadvantage," she said, noting the financial cost of appeals can be substantial.

Vice Chair Farhat and other members pressed for concrete examples and whether current court precedent already provides remedy. Meermin said she was not pointing to a single case in the record but said the bills would put the standard into statute for state administrative hearings: "We want to be in front of the judge impartially," she said, arguing the bills ensure the adjudicator considers both the agency's and the individual's case on equal footing.

Supporters and opponents may differ on how courts currently treat agency interpretations; Meermin framed the bills as restoring a balance between "We the people" and growing bureaucratic power. The committee thanked Meermin for her testimony and moved on to other items on the agenda.

The committee did not take final action on these two bills during the hearing; further committee consideration and any subsequent votes were not recorded at this meeting.