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2016 SESSION

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HB 644 Administrative Process Act; judicial review of certain regulations.

Introduced by: James A. "Jay" Leftwich | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Administrative Process Act; judicial review of certain regulations. Provides that in any court action brought by a person affected by and claiming the unlawfulness of any regulation on the basis that an agency failed to follow any procedure for the promulgation or adoption of a regulation specified in the Administrative Process Act or in such agency's basic law, the burden shall be upon the party complaining of the agency action to designate and demonstrate the unlawfulness of the regulation by a preponderance of the evidence. The bill provides that if the court finds in favor of the party complaining of the agency action, the court shall declare the regulation null and void and remand the case to the agency for further proceedings.


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