SB 888
Creating Judicial Deference Reform Act
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Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill, the Judicial Deference Reform Act, aims to change how West Virginia courts and administrative bodies interpret laws. It prohibits state courts and administrative officers from giving preference to interpretations offered by state agencies when interpreting statutes, regulations, or guidance documents. Instead, courts and hearing officers must interpret these documents independently, prioritizing individual liberty and limiting agency power when faced with ambiguity.
Key provisions
- Prohibits state courts and administrative officers from deferring to state agency interpretations.
- Defines ‘state agency’ and ‘sub-regulatory document’ for clarity.
- Requires courts and hearing officers to interpret statutes and regulations ‘de novo’ (independently).
- Directs courts to resolve interpretive ambiguities in favor of limiting agency power and protecting individual liberty.
- Specifies that ambiguity in laws does not automatically grant discretionary authority to state agencies.
- Sets the effective date for the act at July 1, 2026.
- Clarifies that the act does not apply to federal laws or agencies.
- Establishes the act as the ‘Judicial Deference Reform Act’.
Who is affected
- State courts
- State agencies
- Administrative hearing officers
- Individuals subject to state agency regulations
- West Virginia Legislature
Notable changes
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