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05/08/2021 04:04 AM
Pennsylvania State Senate
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=S&SPick=20210&cosponId=34840
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Senate of Pennsylvania
Session of 2021 - 2022 Regular Session

MEMORANDUM

Posted: February 25, 2021 09:52 PM
From: Senator Cris Dush
To: All Senate members
Subject: Anti Court Deference
 
I will be re-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.
 



Introduced as SB553