HB 99: ADMINISTRATIVE PROCEDURE: Provides relative to adjudications and judicial review of adjudications - Louisiana

HB99 Original → HB99 Act · 4 edits

MODERATE

This bill clarifies how courts must review decisions made by state agencies, requiring judges to interpret laws independently rather than deferring to the agency's own interpretation. It also establishes that state agencies generally cannot appeal their own final decisions in court, with a specific exception for the Department of Children and Family Services regarding child abuse and neglect cases.

Scope change

The bill expands judicial review standards by mandating 'de novo' (fresh) interpretation of statutes by courts and removes the right of most agencies to appeal their own final rulings, while adding a specific exemption for the Department of Children and Family Services.

REQUIREMENT

Courts and administrative judges must now interpret state statutes and rules independently ('de novo') instead of deferring to the agency's interpretation.

Courts must resolve any remaining doubts in favor of interpretations that limit agency power and maximize individual liberty.

ELIGIBILITY

Agencies conducting adjudications are no longer entitled to seek judicial review of their own final decisions or orders.

EXEMPTIONS

The ban on agency appeals does not apply to the Department of Children and Family Services for appeals related to Children's Code Article 616.1.1.

HB99 Enrolled → HB99 Original · 4 edits

MODERATE

The bill was simplified from a comprehensive amendment of existing statutes to a streamlined act that only adds a new section regarding judicial review. The primary change is the removal of provisions that amended existing laws about who can seek judicial review and how agencies are treated, while retaining the core requirement that courts must interpret statutes de novo rather than deferring to agency interpretations.

Scope change

The bill's scope was significantly reduced; it no longer amends or reenacts existing statutes R.S. 49:978.1(A) and 992(B)(3) but instead focuses solely on enacting a new subsection, R.S. 49:978.1(H).

REQUIREMENT

Removed the amendment to R.S. 49:978.1(A) and R.S. 992(B)(3) which previously defined who is entitled to seek judicial review and established exemptions for the Department of Children and Family Services.

Removed the provision that explicitly stated agencies conducting adjudications are not entitled to seek judicial review under the chapter.

Added a new requirement (R.S. 49:978.1(H)) that courts must interpret statutes de novo and resolve any remaining doubt in favor of interpretations that limit agency power and maximize individual liberty.

TECHNICAL

Changed the document header from 'ENROLLED' to 'ORIGINAL' and reduced the total page count from three to two pages.

HB99 Engrossed → HB99 Enrolled · 4 edits · Jun 8, 2025

MODERATE

This bill updates the rules for judicial review in administrative proceedings, specifically preventing government agencies from appealing their own final decisions in court. It also clarifies that courts must interpret laws independently rather than deferring to the government agency's view. These changes aim to increase judicial independence and prevent agencies from using court appeals to delay or challenge their own rulings.

Scope change

The bill expands the prohibition on agencies seeking judicial review to include all agencies, whereas previous exceptions allowed the Department of Children and Family Services (DCFS) to appeal its own decisions in specific cases. Additionally, the scope of the 'de novo' interpretation rule is clarified to apply broadly to all contested cases.

ELIGIBILITY

Removed an exception that previously allowed the Department of Children and Family Services to seek judicial review of its own final decisions.

REQUIREMENT

Added a clear prohibition stating that agencies cannot seek judicial review if they issued the final decision or order in the proceeding.

Refined the requirement for courts to interpret statutes de novo (independently) without deferring to the agency's interpretation.

TECHNICAL

Adjusted page counts and formatting headers to reflect the final enrolled version of the bill.

ADMINISTRATIVE PROCEDURE: Provides relative to adjudications and judicial review of adjudications

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