The key impact of HB 6275 is the clarification of the legal framework around how judicial reviews of agency decisions are handled. By ensuring that the courts can independently review questions of law, the bill aims to enhance the fairness and accessibility of the appeals process. Furthermore, it establishes mechanisms for parties to present additional evidence before the agency if needed, which could lead to more comprehensive reviews.
Summary
House Bill 6275 focuses on amendments to the administrative procedures related to judicial review of agency decisions in Rhode Island. The bill allows individuals, including small businesses, who have exhausted administrative remedies to seek judicial review under specific procedures. This means that if a person is aggrieved by a final decision of an agency, they can appeal to the courts without having to satisfy administrative hurdles that may have previously existed.
Contention
While the bill intends to streamline the judicial review process, there may be points of contention regarding its implications for agency authority. Critics may argue that allowing courts to decide questions of law without deference to agency interpretations could undermine the specialized knowledge that agencies possess. This potential for tension between judicial review and agency discretion may lead to debates about the balance of power within administrative procedures.
Amends the administrative procedures act and provides that on the review of an agency decision by a court upon appeal, the court shall decide questions of law without deference to any previous determination or interpretation of the law by the agency.
Administrative Procedures Act; modifying procedures for judicial review; adding grounds for disqualification of examiner or member; modifying certain hearing procedures. Effective date. Emergency.