Senate 888

WEST VIRGINIA LEGISLATURE

2026 REGULAR SESSION

Introduced

Senate Bill 888

By Senators Rose, Rucker, and Tarr

[Introduced February 9, 2026; referred
to the Committee on the Judiciary]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article designated §55-22-1, §55-22-2, §55-22-3, §55-22-4, §55-22-5, §55-22-6, §55-22-7, and §55-22-8, relating to creating of the Judicial Deference Reform Act; stating a purpose; setting forth definitions; prohibiting judicial deference to state agency interpretations; addressing interpretive ambiguity; specifying applicability of the act; providing for severability; and providing an effective date.

Be it enacted by the Legislature of West Virginia:

ARTICLE 22. JUDICIAL DEFERENCE REFORM ACT.

§55-22-1. Short title.

This article shall be known and may be cited as the "Judicial Deference Reform Act."

§55-22-2. Purpose.

The purpose of this article is to ensure that state courts and administrative hearing officers interpret state statutes, regulations, and sub-regulatory documents independently, without deference to state agency interpretations, and to prioritize individual liberty and limited agency authority in resolving interpretive ambiguities.

§55-22-3. Definitions.

For the purposes of this article:

(1) "State agency" means any department, division, board, commission, or other entity of the state government authorized to promulgate regulations or issue sub-regulatory documents.

(2) "Sub-regulatory document" means any guidance, memorandum, policy statement, or other interpretive document issued by a state agency that is not promulgated as a regulation pursuant to the West Virginia Administrative Procedures Act.

(3) "De novo" means an independent judicial or administrative review of a statute, regulation, or sub-regulatory document without deference to a state agency’s interpretation.

§55-22-4. Prohibition on judicial deference to state agency interpretations.

(a) In any action involving the interpretation of a state statute, regulation, or sub-regulatory document, a state court or an officer presiding over an administrative action shall not defer to a state agency’s interpretation of such statute, regulation, or sub-regulatory document.

(b) The court or hearing officer shall interpret the meaning and effect of the statute, regulation, or sub-regulatory document de novo, applying all customary tools of statutory and regulatory interpretation, including but not limited to textual analysis, legislative intent, and applicable precedent.

§55-22-5. Resolution of interpretive ambiguity.

(a) In any action brought by or against a state agency, after applying all customary tools of interpretation, if any ambiguity remains in the meaning or effect of a state statute, regulation, or sub-regulatory document, the court or hearing officer shall resolve such ambiguity in favor of a reasonable interpretation that:

(1) Limits the scope of the state agency’s power and authority; and

(2) Maximizes the protection of individual liberty.

(b) The court or hearing officer shall not presume that ambiguity in a statute, regulation, or sub-regulatory document grants discretionary authority to a state agency.

§55-22-6. Applicability.

(a) This article applies to all actions, suits, and administrative proceedings initiated on or after the effective date of this article.

(b) This article does not apply to federal statutes, regulations, or actions involving federal agencies, except where state courts or officers are expressly authorized to interpret federal law in a state proceeding.

§55-22-7. Severability.

If any provision of this article or its application to any person or circumstance is held invalid, the remainder of the article or the application of the provision to other persons or circumstances shall not be affected.

§55-22-8. Effective date.

This article shall take effect on July 1, 2026.

NOTE: The purpose of this bill is to create the Judicial Deference Reform Act.  The bill states a purpose; sets forth definitions; prohibits judicial deference to state agency interpretations; addresses interpretive ambiguity; specifies applicability of the Act; provides for severability; and provides an effective date.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.