Soon, I plan to re-introduce legislation that will eliminate the court’s ability to defer to an agency’s interpretation of a vague statute. This bill was previously SB 425 and was cosponsored by Phillips-Hill, Coleman and Hutchinson.
 
Administrative agencies are empowered to make rules through the rulemaking process, investigate alleged violations of those rules, and adjudicate those alleged violations. In other words, this system allows unelected bureaucrats at administrative agencies to be lawmaker, sheriff, judge, and jury. Then if the case finds its way to a court, the court is required to defer to the agency’s interpretation of disputed questions of law effectively putting a thumb on the scale for the agency.

My legislation will eliminate the courts ability to defer to an agency’s interpretation of a vague law and restore due process to the people of this Commonwealth.

Statutes/Laws affected:
Printer's No. 0584: 1-1921