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Senate Co-Sponsorship Memoranda
Senate of Pennsylvania
Session of 2023 - 2024
Regular Session
MEMORANDUM
| Posted: | December 30, 2022 11:40 AM |
|---|---|
| From: | Senator Cris Dush |
| To: | All Senate members |
| Subject: | Anti Court Deference |
Soon, I plan to re-introduce legislation that will eliminate the court’s ability to defer to an agency’s interpretation of a vague statute. This bill was previously SB553 and was cosponsored by Senators Phillips-Hill, Mastriano, and Pittman. 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 SB425