West Virginia SB888: Creating Judicial Deference Reform Act

What the bill says

To amend the Code of West Virginia, 1931, as amended, by adding a new article designated §55-22-1, §55-22-2, §55-22-3, §55-22-4, §55-22-5, §55-22-6, §55-22-7, and §55-22-8, relating to creating of the Judicial Deference Reform Act; stating a purpose; setting forth definitions; prohibiting judicial deference to state agency interpretations; addressing interpretive ambiguity; specifying applicability of the act; providing for severability; and providing an effective date. ARTICLE 22. JUDICIAL DEFERENCE REFORM ACT. §55-22-1. Short title. This article shall be known and may be cited as the.

From the introduced text, February 9, 2026:

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article designated §55-22-1, §55-22-2, §55-22-3, §55-22-4, §55-22-5, §55-22-6, §55-22-7, and §55-22-8, relating to creating of the Judicial Deference Reform Act; stating a purpose; setting forth definitions; prohibiting judicial deference to state agency interpretations; addressing interpretive ambiguity; specifying applicability of the act; providing for severability; and providing an effective date. ARTICLE 22. JUDICIAL DEFERENCE REFORM ACT. §55-22-1. Short title. This article shall be known and may be cited as the "Judicial Deference Reform Act." §55-22-2. Purpose. The purpose of this article is to ensure that state courts and administrative hearing officers interpret state statutes, regulations, and sub-regulatory documents independently, without deference to state agency interpretations, and to prioritize individual liberty and limited agency authority in resolving interpretive ambiguities. §55-22-3. Definitions. For the purposes of this article: (1) "State agency" means any department, division, board, commission, or other entity of the state government authorized to promulgate regulations or issue sub-regulatory documents. (2) "Sub-regulatory document" means any guidance, memorandum, policy statement, or other interpretive document issued by a state agency that is not promulgated as a regulation pursuant to the West Virginia Administrative Procedures Act. (3) "De novo" means an independent judicial or administrative review of a statute, regulation, or sub-regulatory document without deference to a state …

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