SB248 Alabama 2025 Session

Updated Feb 23, 2026

Notable

Summary

Primary Sponsor: Arthur OrrSenator
Republican
Session: 2025 Regular Session
Title: Administrative Procedure Act, standard of judicial review of agency rulings revised
Summary: SB248 would change how Alabama courts review agency rulings by moving away from automatic deference to agency interpretations and toward independent, de novo interpretation of law that favors limiting agency power and protecting individual liberty.
What This Bill Does
It revises the Alabama Administrative Procedure Act so courts may consider, but not defer to, an agency's interpretation of law and must interpret statutes and rules anew (de novo). The court is instructed to favor a reasonable interpretation that limits agency power and maximizes individual liberty, and to reverse or modify agency decisions if warranted by the standard of review. The framework for judicial review remains, with some contexts still allowing trial de novo, and the act becomes effective October 1, 2025.

Who It Affects
Individuals and organizations appealing agency decisions in contested cases, who may benefit from less deference to agency legal interpretations and stronger opportunities for independent court review.
State and local agencies that issue regulatory rulings, which may face greater scrutiny of their legal interpretations and must justify interpretations as reasonable to avoid reversal.

Key Provisions
When reviewing agency actions in contested cases, the court may consider but shall not defer to the agency's interpretation of statutes or rules, and shall interpret their meaning and effect de novo.
The court should interpret statutes and rules to favor a reasonable interpretation that limits agency power and maximizes individual liberty.
Judicial review is generally de novo, with specific exceptions such as trial de novo for certain tax-related reviews, and the agency record and procedures remain part of the court's consideration as appropriate.
The act becomes effective on October 1, 2025.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Administrative Law and Procedures