S.22.2-64: Chevron Deference is Bad Act (PASSED)

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CHEVRON DEFERENCE IS BAD ACT

1. When interpreting a Regional or State statute, regulation, or other sub-regulatory document, a court or an officer hearing an administrative action in the Southern Region may not defer to a Regional or State agency’s interpretation of the statute, regulation, or other sub-regulatory document, and must instead interpret its meaning and effect de novo.

2. In actions brought by or against Regional or State agencies, after applying all customary tools of interpretation, the court or hearing officer must exercise any remaining doubt in favor of a reasonable interpretation which limits agency power and maximizes individual liberty.

 3. This act shall take effect thirty (30) days after passage.

Sponsor: fhtagn

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If there are no more comments, I move we proceed to a vote. 24 hours for objections.

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A final vote on this bill is now open for 72 hours, or until 24 hours after this has enough votes to pass or fail, or until everybody votes, whichever occurs soonest.

[fhtagn]

Aye

[fhtagn]

This has enough votes to pass. 24 hours to vote/change your vote, or until everyone has voted, whichever happens soonest

[fhtagn]

The bill now passes and awaits gubernatorial action.

Aye: 5
Nay:0
Present: 0
Not voting: 0

CHEVRON DEFERENCE IS BAD ACT

1. When interpreting a Regional or State statute, regulation, or other sub-regulatory document, a court or an officer hearing an administrative action in the Southern Region may not defer to a Regional or State agency’s interpretation of the statute, regulation, or other sub-regulatory document, and must instead interpret its meaning and effect de novo.

2. In actions brought by or against Regional or State agencies, after applying all customary tools of interpretation, the court or hearing officer must exercise any remaining doubt in favor of a reasonable interpretation which limits agency power and maximizes individual liberty.

 3. This act shall take effect thirty (30) days after passage.