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 the context of who is entitled to seek judicial review of final decisions or orders in adjudication proceedings. Additionally, it establishes that if the agency conducting the adjudication issues the final decision, that agency is not entitled to seek judicial review under this Chapter. This aims to clarify the rights of parties involved in adjudications and streamline the judicial review process.
Furthermore, the bill introduces a new provision stating that courts, administrative judges, or hearing officers shall not defer to an agency's interpretation of statutes or rules but will interpret them de novo. This change emphasizes the independence of the judiciary in interpreting laws and rules without being influenced by agency interpretations. The bill also maintains the right to judicial appeal in adjudications, regardless of whether they are initiated by a division or an agency, while reiterating the limitations on agencies seeking judicial review of their own decisions. The act will take effect upon the governor's signature or after the specified time period if not signed.
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)