RI
Rhode Island House Bill H5722

Rhode Island 2025 Regular Session

Rhode Island House Bill H5722

Introduced
2/26/25  

Caption

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.

Impact

If enacted, H5722 would have a profound impact on the relationship between state agencies and the judiciary. It may increase the frequency and scope of judicial reviews of agency decisions, as individuals who feel aggrieved by agency actions may perceive this bill as providing a fairer opportunity for their grievances to be heard in court. Additionally, this could lead to uncertainties in the administrative law landscape, as courts might interpret laws in ways that deviate from how agencies have traditionally applied them.

Summary

House Bill H5722 seeks to amend the Administrative Procedures Act by making significant changes to how judicial reviews of agency decisions are conducted. The bill specifies that when a court reviews an agency decision upon appeal, it shall determine questions of law without granting deference to any past interpretations or decisions made by the agency. This change aims to enhance judicial independence in reviewing administrative actions, ensuring that courts apply their own legal standards rather than relying on agency precedents.

Contention

The bill's proponents argue that removing the deference afforded to agency interpretations will lead to fairer outcomes and greater accountability for agency actions. Critics, however, may see this as an overreach, potentially inundating the courts with cases that were previously managed at the agency level. There are concerns that this could result in inconsistent legal standards, as different courts might interpret the same laws differently. Furthermore, this could undermine the expertise of agencies that specialize in specific areas of governance, such as environmental regulation or public health, among others.

Companion Bills

No companion bills found.

Previously Filed As

RI H7667

Provides that a court shall decide cases without deference to administrative agency interpretation of rules.

RI H6275

Administrative Procedures

RI H5306

Administrative Procedures

RI H7178

Requires that all agencies' final rules, promulgated pursuant to the administrative procedures act, be approved by general assembly action, but in no case later than December 31 of the year it is promulgated before it can become effective.

RI H7576

Provides protections to appointed police chiefs of cities and towns and provides they would be entitled to a hearing and due process before termination and provides for an appeal of an adverse decision under the administrative procedures act.

RI S2891

Provides protections to appointed police chiefs of cities and towns and provides they would be entitled to a hearing and due process before termination and provides for an appeal of an adverse decision under the administrative procedures act.

RI S3118

Totally repeals the 1964 public law, which established the Johnston Municipal Court and which has never been amended and would enable the town of Johnston to establish a municipal court and housing court with expanded legal and equitable powers.

RI H8323

Totally repeals the 1964 public law, which established the Johnston Municipal Court and which has never been amended and would enable the town of Johnston to establish a municipal court and housing court with expanded legal and equitable powers.

RI H8325

Makes technical amendments to the general laws at the recommendation of the law revision office

RI H7962

Recognizes tenants' unions and provides a procedure whereby the housing resources commission shall administer a hearing process for consolidated complaints filed by tenants' unions, pertaining to the rights and obligations of tenants and landlords.

Similar Bills

No similar bills found.