Catch Title: Judicial Deference-Agencies (Administrative Procedure Act Amendments)

Sponsor: Representative(s) Singh, Andrew, and Banks; Senator(s) Laursen, D

Effective Date: July 1, 2026

Bill URL: https://www.wyoleg.gov/Legislation/2026/HB0066

Overview

HB0066 fundamentally alters the relationship between the Wyoming judiciary and state agencies by eliminating judicial deference to agency interpretations of law. The bill mandates that courts conduct a de novo review when interpreting statutes, rules, or final agency decisions, effectively removing the “presumption of correctness” typically afforded to agency expertise. Furthermore, it establishes a new interpretive “tie-breaker” rule that favors interpretations limiting agency power and maximizing individual liberty.

Key Provisions

• Mandatory De Novo Review: Reviewing courts must now interpret the meaning of statutes, rules, regulations, or final decisions de novo rather than deferring to the agency’s interpretation.
• Interpretive Bias Toward Liberty: When “customary tools of interpretation” leave doubt, courts are directed to favor a reasonable interpretation that limits agency power and maximizes individual liberty.
• Removal of Court Rule Supremacy: Deletes language that previously allowed Supreme Court rules governing agency review to supersede existing statutory provisions.
• Expanded Applicability: Specifically extends these new standards of review to decisions made by the state mine inspector.
• Filing Threshold: The act applies to all actions for judicial review filed on or after July 1, 2026.

Implications

• Erosion of Agency Expertise: By requiring de novo review, the bill significantly diminishes the weight given to the specialized knowledge and technical expertise of state agencies in complex regulatory matters.
• Ambiguity in “Individual Liberty”: [Ambiguous] The bill introduces “individual liberty” as a primary interpretive standard without providing a statutory definition, likely leading to inconsistent applications across different district courts.
• Fiscal and Resource Impact: [Not Specified] Shifting to de novo review for all agency actions is expected to substantially increase the workload of the judiciary and state legal staff, yet the bill contains no fiscal note to address these costs.
• Incentivized Filing Delays: Parties seeking a more favorable judicial environment may intentionally delay or accelerate filings to align with the July 1, 2026, effective date.
• Reduced Rulemaking Stability: Agency rules and “sub-regulatory documents” (like guidance memos) are now more vulnerable to being overturned, potentially creating a less predictable environment for regulated industries.
• Rule of Prejudicial Error: While the court must take due account of the rule of prejudicial error, the mandate to interpret “remaining doubt” in favor of limited agency power creates a high bar for agencies to clear during litigation.