Ending Agency Overreach Act; create.
The proposed changes to Section 25-43-3.111 of the Mississippi Code would reformulate the validity of agency rules adopted after July 1, 2005. It stipulates that such rules would be considered invalid unless they are adopted in substantial compliance with existing procedural requirements. Additionally, under the new law, any legal contest regarding the validity of a rule must be initiated within a specific time frame, focused on either the effective date of the rule or once an injury related to final agency action occurs.
House Bill 1370, known as the 'Ending Agency Overreach Act', seeks to alter the way courts interpret statutes, rules, and regulations established by state agencies. The bill mandates that courts do not defer to the agencies' interpretations during judicial review of a contested case. Instead, they are instructed to interpret the applicable laws de novo, meaning from the beginning, without accepting the agency's explanations or intentions. This change is aimed at limiting potential overreach by state agencies in enforcing their regulations without adequate oversight.
Proponents argue that the bill is a necessary check on agency power, ensuring that regulations do not exceed legislative intent while enhancing judicial oversight. However, critics may perceive it as potentially encumbering efficient regulation by imposing additional judicial hurdles for agency compliance. The discourse surrounding HB1370 may reflect broader concerns about the balance of power between regulatory agencies and the judicial system, suggesting a tension between regulatory efficiency and accountability.
This legislation is set to take effect on July 1, 2025, indicating a transitional period for state agencies to align their practices with the new standards. As the bill is discussed and debated, the outcomes could significantly influence the administrative landscape in Mississippi, shaping how rules and regulations are formulated and contested.