This bill proposes an amendment to the Code of West Virginia by adding a new section, 2-2-10a, which focuses on the interpretation of statutes, regulations, and rules by courts and administrative judges. The new legal language stipulates that when interpreting a state statute or regulation, courts and administrative officers are required to interpret the meaning and effect of the law de novo, meaning they will not defer to the interpretations provided by state agencies.
Additionally, in cases involving state agencies, the bill mandates that after utilizing standard interpretative tools, any remaining ambiguity must be resolved in a manner that favors a reasonable interpretation that limits the power of the agency and enhances individual liberty. This legislative change aims to ensure that judicial and administrative interpretations prioritize individual rights over agency authority.
Statutes affected: Introduced Version: 2-2-10a