Senate Bill 167 Alabama 2026 Session

Summary

Primary Sponsor

Arthur OrrSenator

Republican

Session

2026 Regular Session

Title

Alabama Administrative Procedure Act; standard of judicial review revised regarding agency's interpretation of law

Summary

SB167 revises the standard and procedures for judicial review of Alabama administrative agency rulings.

What This Bill Does

SB167 changes when and how courts can review agency actions under the Alabama Administrative Procedure Act. It allows immediate review of certain preliminary agency actions if a final decision would not provide an adequate remedy, tightens filing deadlines (30 days to appeal after receipt of the final decision; 30 days to file for judicial review), and updates stay and bond rules for license and rate decisions. It also clarifies the record-keeping process (agency must transmit the full record within 30 days, record may be shortened or corrected) and strengthens the standard of review so the court can affirm, remand, modify, or grant relief, while requiring independent interpretation of statutes and rules by the court. The act becomes effective on October 1, 2026.

Who It Affects

• Petitioners seeking judicial review of agency decisions and related aggrieved parties, who gain clarified or new rights to seek review, timeframes, and bonds.
• Alabama agencies and the circuit courts that process reviews, which must handle new filing, staying, record-keeping, and standard-of-review rules and procedures.

Key Provisions

• Change to the standard of judicial review: the court must independently interpret statutes and rules and may reverse, modify, or affirm agency decisions if they violate constitutional or statutory provisions, exceed authority, are unlawful, rely on erroneous law, or are arbitrary or prejudicial based on the record.
• Procedural and timing changes: new 30-day filing windows for appeals and petitions, venue rules, bond requirements for transcript costs, stay rules (including stays for license actions and rate-related decisions that require a bond), requirement to transmit the full record within 30 days (with possible shortening or corrections), and provisions for remand for additional evidence with specified conditions, plus an effective date of October 1, 2026.

AI-generated summary using openai/gpt-5-nano-2025-08-07 on Mar 18, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Administrative Law and Procedures