The bill establishes new guidelines for how state courts and administrative hearing officers interpret statutes, rules, regulations, and documents that have the force of law. Specifically, it prohibits these entities from deferring to a state agency's interpretation of such legal texts. Instead, they are required to interpret the meaning and effect of these laws de novo, meaning they will make their own independent assessments without relying on the agency's prior interpretations.
Additionally, in cases involving state agencies, the bill mandates that courts and hearing officers apply customary tools of interpretation and statutory construction, and in instances of remaining doubt, they must resolve it in a manner that aligns with individuals' fundamental constitutional rights. The definitions of "rule and regulation" and "state agency" are aligned with existing law as defined in K.S.A. 77-602. The act will take effect upon its publication in the statute book.
Statutes affected: As introduced: 21-5510, 21-5611, 21-6101
As Amended by House Committee: 21-5510, 21-5611, 21-6101
{As Amended by House Committee of the Whole}: 21-5510, 21-5611, 21-6101
As Amended by Senate Committee: 21-5510, 21-5611, 21-6101