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04/12/2021 04:09 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20190&cosponId=30041
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House Co-Sponsorship Memoranda

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House of Representatives
Session of 2019 - 2020 Regular Session

MEMORANDUM

Posted: August 2, 2019 11:53 AM
From: Representative Cris Dush
To: All House members
Subject: Anti Court Deference
 
In the near future I will be introducing legislation that will eliminate the courts ability to defer to an agency’s interpretation of a vague statute.

Administrative agencies are empowered to make rules through the rulemaking process, investigate alleged violations of those rules, and adjudicate those alleged violations. In other words, this system allows unelected bureaucrats at administrative agencies to be lawmaker, sheriff, judge, and jury.
Then if the case finds its way to a court, the court is required to defer to the agency’s interpretation of disputed questions of law effetely putting a thumb on the scale for the agency.

My legislation will eliminate the courts ability to defer to an agency’s interpretation of a vague law and restore due process to the people of this Commonwealth.

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Introduced as HB2196