Louisiana 2025 2025 Regular Session

Louisiana House Bill HB99 Introduced / Bill

                    HLS 25RS-641	ORIGINAL
2025 Regular Session
HOUSE BILL NO. 99
BY REPRESENTATIVE BILLINGS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ADMINISTRATIVE PROCEDURE:  Provides relative to adjudications and judicial review
of adjudications
1	AN ACT
2To enact R.S. 49:978.1(H), relative to administrative hearing decisions and judicial review
3 of such decisions; to provide relative to interpretation of statutes and rules; to
4 provide for an effective date; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1.  R.S. 49:978.1(H) is hereby enacted to read as follows:
7 ยง978.1.  Judicial review of adjudication
8	*          *          *
9	H.(1)  In interpreting a state statute or rule, a court, administrative judge, or
10 hearing officer presiding over a contested case, hearing, or appeal shall not defer to
11 the agency's interpretation of the statute or rule.  The court, administrative judge, or
12 hearing officer shall interpret the meaning of the statute or rule de novo.
13	(2)  In an action brought by or against a state agency, after applying all
14 customary tools of interpretation, the court, administrative judge, or hearing officer
15 shall exercise any remaining doubt in favor of a reasonable interpretation that limits
16 agency power and maximizes individual liberty.
17 Section 2.  This Act shall become effective upon signature by the governor or, if not
18signed by the governor, upon expiration of the time for bills to become law without signature
19by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-641	ORIGINAL
HB NO. 99
1vetoed by the governor and subsequently approved by the legislature, this Act shall become
2effective on the day following such approval.
DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part
of the legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
HB 99 Original 2025 Regular Session	Billings
Abstract:  Requires state statutes or rules to be interpreted de novo in judicial review cases.
Present law provides that a person who is aggrieved by a final decision or order in an
adjudication proceeding is entitled to judicial review.
Proposed law retains present law and prohibits a court, administrative judge, or hearing
officer presiding over a contested case, hearing, or appeal from deferring to a state agency's
interpretation of a state statute or rule and requires the court, administrative judge, or hearing
officer to interpret the meaning of the statute or rule de novo.  Provides that in an action
brought by or against a state agency, the court, administrative judge, or hearing officer, after
applying all customary tools of interpretation, shall exercise any remaining doubt in favor
of a reasonable interpretation that limits agency power and maximizes individual liberty.
(Adds R.S. 49:978.1(H))
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.