This bill amends and reenacts certain provisions of Louisiana law regarding judicial review of administrative hearing decisions. Specifically, it changes the term "person" to "party" in R.S. 49:978.1(A), clarifying that any party aggrieved by a final decision in an adjudication proceeding is entitled to seek judicial review, regardless of whether they have applied for rehearing. Additionally, it establishes that if the agency that conducted the adjudication issues the final decision, that agency cannot seek judicial review under this Chapter. The bill also introduces new language in R.S. 49:978.1(H), stating that courts and administrative judges will not defer to an agency's interpretation of statutes or rules, but will interpret them de novo.
Furthermore, the bill amends R.S. 49:992(B)(3) to include similar provisions regarding judicial review, reiterating that an agency that issues a final decision in an adjudication proceeding is not entitled to seek judicial review. The bill aims to clarify the rights of parties in administrative adjudications and ensure that judicial interpretations of statutes and rules are independent of agency interpretations. The effective date of the bill is contingent upon the governor's signature or the expiration of the time for bills to become law without signature.
Statutes affected: HB99 Engrossed: 49:1(A), 49:992(B)(3)
HB99 Enrolled: 49:1(A), 49:992(B)(3)
HB99 Act : 49:1(A), 49:992(B)(3)