A BILL for an Act to create and enact a new section to chapter 28-32 of the North Dakota Century Code, relating to judicial deference.
Summary
SB 2285 would add a new section to North Dakota Century Code chapter 28-32 to prohibit judges from deferring to an administrative agency’s interpretation of a statute, regulation, or rule when interpreting or applying the law. In practical terms, the bill would direct courts to review legal questions independently rather than giving weight to an agency’s reading of the law.
The measure is aimed at judicial deference in administrative law, a doctrine that can influence how much authority state agencies have when their rules or interpretations are challenged in court. By removing deference, the bill would likely shift interpretive power away from agencies and toward judges, potentially affecting a wide range of regulatory disputes involving state agencies and regulated parties.
Impact
If enacted, SB 2285 would have amended North Dakota’s administrative law framework by limiting how courts evaluate agency interpretations of statutes and rules. It would not have changed the underlying substantive laws or regulations themselves, but it would have changed the standard of judicial review in cases involving agency action, likely affecting agencies, regulated businesses, individuals challenging agency decisions, and attorneys litigating administrative disputes.
Sentiment
The bill appears to have had some support in the Senate, passing second reading 45-0, but it ultimately failed in the House on second reading by a vote of 31-57. That voting pattern suggests the concept had meaningful initial support but did not maintain enough momentum in the House to become law. No committee transcript is available, so the public record here reflects the votes more than any detailed debate.
Contention
The central point of contention is the balance of power between courts and administrative agencies. Supporters likely favored reducing agency influence over legal interpretation and increasing judicial independence, while opponents likely viewed the bill as weakening agency expertise and disrupting established administrative practice. The House vote indicates that a majority of members were not persuaded to adopt the change, even though the Senate had approved it overwhelmingly.
A BILL for an Act to create and enact a new section to chapter 32-01 of the North Dakota Century Code, relating to general provisions for judicial remedies.
A BILL for an Act to create and enact a new section to chapter 54-03 of the North Dakota Century Code, relating to the introduction of bills prepared by executive branch agencies and the judicial branch.
A BILL for an Act to create and enact a new section to chapter 27-02 of the North Dakota Century Code, relating to publication of judicial improvement survey results.