HB 1003 would affect administrative law by eliminating the the Office of Environmental Adjudication and placing all challenges to agency rules and decisions within the general office for administrative law judges. This may reduce the environmental expertise associated with disputes over natural resources and permitting. The bill also changes the standard courts use in review of administrative law judge decisions. Courts will no longer defer to the agency interpretation of the law with respect to its own rules.

HEC is neutral on HB 1003, and we will watch closely as it moves through the legislative process.

Update (as of 2/9):

HB 1003 has been assigned to the Senate Judiciary Committee, and as of this writing, is not currently scheduled to be heard.