| 1 | 1 | | MISSISSIPPI LEGISLATURE 2025 Regular Session To: Accountability, Efficiency, Transparency By: Representative Eubanks House Bill 1370 AN ACT TO CREATE THE ENDING AGENCY OVERREACH ACT; TO PROVIDE HOW A COURT SHALL REVIEW AND RESOLVE AN APPEAL THAT INTERPRETS A STATUTE OR AGENCY RULE OR REGULATION; AMEND SECTION 25-43-3.111, MISSISSIPPI CODE OF 1972, TO REVISE WHEN AN ACTION TO CONTEST THE VALIDITY OF A RULE ON THE GROUNDS OF ITS NONCOMPLIANCE SHALL BE COMMENCED IN CERTAIN SITUATIONS; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. (1) This section shall be known and may be cited as the "Ending Agency Overreach Act." (2) In interpreting a statute or agency rule or regulation, a court presiding over the appeal of a judgment in a contested case shall not defer to the agency's interpretation of the statute, rule or regulation and shall interpret the statute, rule or regulation de novo. After applying all customary tools of interpretation, the court shall resolve any remaining ambiguity against increased agency authority. SECTION 2. Section 25-43-3.111, Mississippi Code of 1972, is amended as follows: 25-43-3.111. (1) A rule adopted after July 1, 2005, is invalid unless adopted in substantial compliance with the provisions of Sections 25-43-3.102 through 25-43-3.110. Inadvertent failure to mail a notice of proposed rule adoption to any person as required by Section 25-43-3.103(2) does not invalidate a rule. (2) An action to contest the validity of a rule on the grounds of its noncompliance with any provision of Sections 25-43-3.102 through 25-43-3.110 must be commenced within one (1) year after the effective date of the rule, or one (1) year after the date the person or entity bringing the action is injured by final agency action, whichever is later. SECTION 3. This act shall take effect and be in force from and after July 1, 2025. |
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| 2 | 2 | | |
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| 3 | 3 | | MISSISSIPPI LEGISLATURE |
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| 4 | 4 | | |
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| 5 | 5 | | 2025 Regular Session |
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| 6 | 6 | | |
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| 7 | 7 | | To: Accountability, Efficiency, Transparency |
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| 8 | 8 | | |
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| 9 | 9 | | By: Representative Eubanks |
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| 10 | 10 | | |
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| 11 | 11 | | # House Bill 1370 |
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| 12 | 12 | | |
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| 13 | 13 | | AN ACT TO CREATE THE ENDING AGENCY OVERREACH ACT; TO PROVIDE HOW A COURT SHALL REVIEW AND RESOLVE AN APPEAL THAT INTERPRETS A STATUTE OR AGENCY RULE OR REGULATION; AMEND SECTION 25-43-3.111, MISSISSIPPI CODE OF 1972, TO REVISE WHEN AN ACTION TO CONTEST THE VALIDITY OF A RULE ON THE GROUNDS OF ITS NONCOMPLIANCE SHALL BE COMMENCED IN CERTAIN SITUATIONS; AND FOR RELATED PURPOSES. |
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| 14 | 14 | | |
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| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: |
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| 16 | 16 | | |
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| 17 | 17 | | SECTION 1. (1) This section shall be known and may be cited as the "Ending Agency Overreach Act." |
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| 18 | 18 | | |
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| 19 | 19 | | (2) In interpreting a statute or agency rule or regulation, a court presiding over the appeal of a judgment in a contested case shall not defer to the agency's interpretation of the statute, rule or regulation and shall interpret the statute, rule or regulation de novo. After applying all customary tools of interpretation, the court shall resolve any remaining ambiguity against increased agency authority. |
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| 20 | 20 | | |
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| 21 | 21 | | SECTION 2. Section 25-43-3.111, Mississippi Code of 1972, is amended as follows: |
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| 22 | 22 | | |
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| 23 | 23 | | 25-43-3.111. (1) A rule adopted after July 1, 2005, is invalid unless adopted in substantial compliance with the provisions of Sections 25-43-3.102 through 25-43-3.110. Inadvertent failure to mail a notice of proposed rule adoption to any person as required by Section 25-43-3.103(2) does not invalidate a rule. |
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| 24 | 24 | | |
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| 25 | 25 | | (2) An action to contest the validity of a rule on the grounds of its noncompliance with any provision of Sections 25-43-3.102 through 25-43-3.110 must be commenced within one (1) year after the effective date of the rule, or one (1) year after the date the person or entity bringing the action is injured by final agency action, whichever is later. |
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| 26 | 26 | | |
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| 27 | 27 | | SECTION 3. This act shall take effect and be in force from and after July 1, 2025. |
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