House Bill No. [insert number] amends and reenacts R.S. 49:978.1(A) and 992(B)(3), while also enacting R.S. 49:978.1(H). The bill modifies the language regarding judicial review of administrative hearing decisions, specifically changing the term "person" to "party" for those aggrieved by a final decision in an adjudication proceeding. It establishes that a party is entitled to seek judicial review regardless of whether they have applied for rehearing, and it allows for immediate review of preliminary agency actions if necessary to prevent irreparable harm. Additionally, the bill stipulates that if the agency that conducted the adjudication issues the final decision, it cannot seek judicial review under this Chapter.

Furthermore, the new section R.S. 49:978.1(H) clarifies that courts, administrative judges, or hearing officers will not defer to an agency's interpretation of statutes or rules, but will instead interpret them de novo. The bill also reiterates that the agency conducting the adjudication cannot seek judicial review of its own decisions, reinforcing the independence of the judicial review process. 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)