Bill > B26-0048

This bill amends the District of Columbia Administrative Procedure Act to codify and clarify the standard of judicial deference to administrative agencies' interpretations of statutes and rules. Specifically, the bill establishes that when reviewing an agency's order, decision, or rule, courts must defer to the agency's reasonable interpretation of a statute or rule if the law is silent or ambiguous on a specific issue, provided that the interpretation is not plainly wrong or inconsistent with the statute's language or legislative intent. When determining whether an agency's interpretation is reasonable, courts may consider factors such as the consistency and longevity of the interpretation, whether the issue falls within the agency's area of expertise, and the thoroughness of the agency's consideration. This legislation appears to be a response to the Supreme Court's Loper Bright Enterprises v. Raimondo decision, aiming to preserve the principle of agency deference while providing a structured framework for judicial review of agency interpretations. The bill will take effect after mayoral approval and a 30-day congressional review period, which is standard for District of Columbia legislation.

https://lims.dccouncil.gov/Legislation/B26-0048