Bill Description: House Bill 562 would provide direction to the courts regarding their review of administrative rules.

Rating: +1

Does it violate the spirit or the letter of either the U.S. Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the U.S. Constitution or the Idaho Constitution?

House Bill 562 would amend Section 67-5279, Idaho Code, by adding a new subsection that says, "When interpreting the provisions of this chapter or any rule, as defined in section 67-5201, Idaho Code, the court shall not defer to an agency's interpretation of the provisions of this chapter or the rule and shall interpret the meaning and effect de novo. In an action brought by or against an agency, after applying all customary tools of interpretation, the court shall exercise any remaining doubt in favor of a reasonable interpretation that limits agency power and maximizes individual liberty."

Limiting agency (government) power and maximizing individual liberty should always be the context for judicial review. 

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