Connecticut House Bill HB05552

Connecticut 2018 Regular Session

• Introduced: 3/15/18
• Refer: 3/15/18

Caption

An Act Concerning Court Review Of An Agency Decision Under The Uniform Administrative Procedures Act.

Impact

The bill emphasizes the principle that courts should not substitute their judgment for that of agencies on matters of fact unless it is shown that the agency's decision was flawed in specific ways, such as being unconstitutional, exceeding statutory authority, or based on an unlawful procedure. This shift could lead to fewer successful appeals against agency decisions, thereby consolidating the authority of those agencies and potentially streamlining administrative processes. Additionally, the impact of the bill is expected to increase the weight of agency conclusions, making it more challenging for individuals to contest administrative findings.

Summary

House Bill 05552, titled 'An Act Concerning Court Review Of An Agency Decision Under The Uniform Administrative Procedures Act,' seeks to revise the legal framework guiding how courts review decisions made by state agencies. The bill primarily targets amendments within the Uniform Administrative Procedures Act, aiming for clarity on the level of deference a court must give to agency determinations. Under the proposed changes, the court's role would be to evaluate whether substantial rights have been impacted by an agency's decision, rather than delving deeply into the factual determinations made by the agency itself.

Contention

Points of contention surrounding HB 05552 include concerns regarding the balance of power between state agencies and the judicial system. Critics may argue that by limiting judicial scrutiny, the rights of individuals and entities adversely impacted by agency decisions could be compromised. The implications for cases involving complex administrative determinations raise concerns about fairness and accountability, as citizens may feel they have diminished means to challenge decisions that affect their lives directly. Proponents of the bill, however, argue that it enhances the efficiency of administrative processes and supports the consideration of agency expertise in regulatory matters.