Judicial Deference Reform Act

Model Bill Info
Bill Title	Judicial Deference Reform Act
Date Introduced	June 16, 2020
Date Finalized	August 9, 2020
Type	Model Policy
Status	Final
Task Forces	Civil Justice

Judicial Deference Reform Act

Section 1.

In interpreting a state statute, regulation, or other sub-regulatory document, a state court or an officer hearing an administrative action may not defer to a state agency’s interpretation of it, and must instead interpret its meaning and effect de novo. In actions brought by or against state agencies, after applying all customary tools of interpretation, the court or hearing officer must exercise any remaining doubt in favor of a reasonable interpretation which limits agency power and maximizes individual liberty.