Amends TCA Title 4 and Title 20.
ON MARCH 24, 2022, THE HOUSE ADOPTED AMENDMENT #1 AND RESET HOUSE BILL 1749, AS AMENDED. AMENDMENT #1 rewrites this bill to provide that, in interpreting a state statute or rule, a court presiding over the appeal of a judgment in a contested case must not defer to a state agency’s interpretation of the statute or rule and must interpret the statute or rule de novo. After applying all customary tools of interpretation, the court must resolve all remaining ambiguity utilizing the court’s best judgment. ON MARCH 28, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2285, AS AMENDED. AMENDMENT #1 rewrites this bill to provide that in interpreting a state statute or rule, a court presiding over the appeal of a judgment in a contested case must not defer to a state agency's interpretation of the statute or rule and must interpret the statute or rule de novo. After applying all customary tools of interpretation, the court must resolve any remaining ambiguity against increased agency authority. ON MARCH 31, 2022, THE HOUSE FURTHER CONSIDERED HOUSE BILL 1749, SUBSTITUTED SENATE BILL 2285 FOR HOUSE BILL 1749, AND PASSED SENATE BILL 2285.
ON MARCH 24, 2022, THE HOUSE ADOPTED AMENDMENT #1 AND RESET HOUSE BILL 1749, AS AMENDED. AMENDMENT #1 rewrites this bill to provide that, in interpreting a state statute or rule, a court presiding over the appeal of a judgment in a contested case must not defer to a state agency’s interpretation of the statute or rule and must interpret the statute or rule de novo. After applying all customary tools of interpretation, the court must resolve all remaining ambiguity utilizing the court’s best judgment. ON MARCH 28, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2285, AS AMENDED. AMENDMENT #1 rewrites this bill to provide that in interpreting a state statute or rule, a court presiding over the appeal of a judgment in a contested case must not defer to a state agency's interpretation of the statute or rule and must interpret the statute or rule de novo. After applying all customary tools of interpretation, the court must resolve any remaining ambiguity against increased agency authority. ON MARCH 31, 2022, THE HOUSE FURTHER CONSIDERED HOUSE BILL 1749, SUBSTITUTED SENATE BILL 2285 FOR HOUSE BILL 1749, AND PASSED SENATE BILL 2285.
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