H-1128

   Amend House File 645 as follows:
   1.  Page 1, by striking lines 12 through 22 and inserting: 
   <NEW SUBSECTION.  5.  A court, or a presiding officer in a contested case or other administrative action subject to this chapter, when interpreting a state statute or a rule or other agency document subject to this chapter, shall not defer to an agency’s interpretation of the statute, rule, or document, and must instead interpret its meaning and effect de novo. In an action brought by or against an agency, the court or officer, after applying all customary tools of interpretation, must exercise any remaining doubt in favor of a reasonable interpretation that limits agency authority. This subsection does not apply where a standard of review for an agency’s interpretation of a state statute or a rule or other agency document is otherwise prescribed by statute, or by a rule if an agency is authorized by statute to adopt a rule regarding such a standard of review.>

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OLSON of Polk