The bill amends Section 41-22-20 of the Code of Alabama 1975, which governs the Alabama Administrative Procedure Act, by revising the standards for judicial review of agency rulings. Key insertions include new language that clarifies the conditions for granting a stay or supersedeas during appeals of agency decisions related to rates, fares, or charges, requiring parties to file a bond. The bill also establishes a clear 30-day timeline for filing notices of appeal and petitions for judicial review. Additionally, it introduces provisions to address unreasonable delays by agencies, allowing individuals to seek court orders to compel agency action and specifying requirements for petitions for review.
Furthermore, the bill modifies the judicial review process by allowing courts to remand cases to agencies for consideration of additional evidence under certain conditions, while generally confining reviews to the existing record. It removes the presumption of correctness for agency interpretations of statutes or rules, requiring courts to interpret these independently. The bill outlines specific circumstances under which a court may reverse or modify an agency's decision, such as constitutional violations or arbitrary actions. The amendments aim to streamline the judicial review process and enhance clarity for individuals contesting agency decisions, with the act set to take effect on October 1, 2026.
Statutes affected: Introduced: 41-22-20
Engrossed: 41-22-20
Enrolled: 41-22-20