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1 New Section; Standards for Review. Amend RSA 541-A by inserting after section 24 the following new section:
541-A:24-a Standards for Review.
I. In interpreting a state statute, regulation, or other subregulatory agency document, a state court or an officer hearing an administrative action may not defer to a state agency's interpretation of it, and must instead interpret its meaning and effect de novo.
II. In actions brought by or against state agencies, after applying all customary tools of interpretation, the court or hearing officer shall exercise any remaining doubt in favor of a reasonable interpretation that limits agency power and maximizes individual liberty.
2 Effective Date. This act shall take effect January 1, 2027.
Text to be added highlighted in green.
1 New Section; Standards for Review. Amend RSA 541-A by inserting after section 24 the following new section:
541-A:24-a Standards for Review.
I. In interpreting a state statute, regulation, or other subregulatory agency document, a state court or an officer hearing an administrative action may not defer to a state agency's interpretation of it, and must instead interpret its meaning and effect de novo.
II. In actions brought by or against state agencies, after applying all customary tools of interpretation, the court or hearing officer shall exercise any remaining doubt in favor of a reasonable interpretation that limits agency power and maximizes individual liberty.
2 Effective Date. This act shall take effect January 1, 2027.