Act To Balance The Power Of Government Agencies In TN Courts Becomes Law

Image Credit: St. Louis Circuit Attorney’s Office / CC

By William Haupt III [Tennessee Watchdog Journalist, Columnist, Author, and Citizen Legislator] –

Legislation directing courts to no longer give deference to administrative agencies over citizens and businesses has been signed into law by Governor Lee.

House Bill 1749, sponsored by Representative John Ragan (R-Oak Ridge-District 33), and Senate Bill 2285, sponsored by Senator Mike Bell (R-Riceville-District 9) directs courts to take up cases that involve the interpretation of administrative rules “de novo.”

This means a court will have to decide these cases without reference to any legal conclusion or assumption made by a previous court. The bill directly addresses a landmark United States Supreme Court decision which established the Chevron Doctrine in 1984.

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This ruling gave deference to administrative agencies in the interpretation of their own rule. Supporters of the legislation argue that the Chevron Doctrine unfairly gave preference to administrative agencies over businesses and citizens.

The legislation aims to recalibrate the scales of justice by prohibiting the courts presiding over a contested case hearing or appeal from relying solely on an agency’s interpretation of a statute or rule. It specifies that such entities must interpret the meaning of the statute or rule de novo.

The most recent amendment to the bill, dated March 8th, 2022 reads as follows:

Requires a court presiding over the appeal of a judgement in a contested case to interpret a state statute or rule de novo and not defer to a state agency’s interpretation of the statute or rule. Requires the court, after applying all customary tools of interpretation, to resolve all remaining ambiguity utilizing the court’s best judgement.

The legislation passed both chambers of the General Assembly with only the Democrats voted against.

The Act is scheduled to take effect on July 1st, 2022.