Anti Court Deference
December 30, 2022 11:40 AM to All Senate Members
Circulated By
Senator Cris Dush
R Senate District 25
Memo
Soon, I plan to re-introduce legislation that will eliminate the court’s ability to defer to an agency’s interpretation of a vague statute. This bill was previously SB553 and was cosponsored by Senators Phillips-Hill, Mastriano, and Pittman.
Administrative agencies are empowered to make rules through the rulemaking process, investigate alleged violations of those rules, and adjudicate those alleged violations. In other words, this system allows unelected bureaucrats at administrative agencies to be lawmaker, sheriff, judge, and jury. Then if the case finds its way to a court, the court is required to defer to the agency’s interpretation of disputed questions of law effetely putting a thumb on the scale for the agency.
My legislation will eliminate the courts ability to defer to an agency’s interpretation of a vague law and restore due process to the people of this Commonwealth.
Administrative agencies are empowered to make rules through the rulemaking process, investigate alleged violations of those rules, and adjudicate those alleged violations. In other words, this system allows unelected bureaucrats at administrative agencies to be lawmaker, sheriff, judge, and jury. Then if the case finds its way to a court, the court is required to defer to the agency’s interpretation of disputed questions of law effetely putting a thumb on the scale for the agency.
My legislation will eliminate the courts ability to defer to an agency’s interpretation of a vague law and restore due process to the people of this Commonwealth.
Legislation
Document - Introduced as SB 425
Anti Court Deference
December 30, 2022 11:40 AM to All Senate Members
Circulated By
DUSH
Memo
Soon, I plan to re-introduce legislation that will eliminate the court’s ability to defer to an agency’s interpretation of a vague statute. This bill was previously SB553 and was cosponsored by Senators Phillips-Hill, Mastriano, and Pittman.
Administrative agencies are empowered to make rules through the rulemaking process, investigate alleged violations of those rules, and adjudicate those alleged violations. In other words, this system allows unelected bureaucrats at administrative agencies to be lawmaker, sheriff, judge, and jury. Then if the case finds its way to a court, the court is required to defer to the agency’s interpretation of disputed questions of law effetely putting a thumb on the scale for the agency.
My legislation will eliminate the courts ability to defer to an agency’s interpretation of a vague law and restore due process to the people of this Commonwealth.
Administrative agencies are empowered to make rules through the rulemaking process, investigate alleged violations of those rules, and adjudicate those alleged violations. In other words, this system allows unelected bureaucrats at administrative agencies to be lawmaker, sheriff, judge, and jury. Then if the case finds its way to a court, the court is required to defer to the agency’s interpretation of disputed questions of law effetely putting a thumb on the scale for the agency.
My legislation will eliminate the courts ability to defer to an agency’s interpretation of a vague law and restore due process to the people of this Commonwealth.
Document
Introduced as SB 425
Generated 05/16/2025 05:10 AM