Senate Bill 167 Alabama 2026 Session

Updated Feb 12, 2026

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 changes Alabama’s Administrative Procedure Act to require courts to interpret the law themselves and not automatically defer to agency interpretations.
What This Bill Does
It shifts judicial review so courts may consider but must not defer to an agency's interpretation of statutes or rules, and they must favor a reasonable interpretation that limits agency power. It maintains that, for questions of fact in contested cases, agency findings are treated as prima facie correct and the court typically does not reweigh the evidence unless in specific review contexts. It also requires written explanation of the court's decision if it does not affirm the agency, and it becomes effective on October 1, 2026.

Who It Affects
Individuals and businesses challenging agency decisions in contested cases, who may benefit from less deference to agencies' legal interpretations and a more independent judicial review of the law.
State agencies and regulators, which may face increased scrutiny of their legal interpretations and must ensure their interpretations are reasonable and well-supported.

Key Provisions
Courts may consider but shall not defer to an agency's interpretation of statutes or rules; courts must interpret the meaning and effect of the law themselves and choose a reasonable interpretation that limits agency power.
In non-trial-de novo reviews, agency findings of fact are treated as prima facie just and reasonable, and the court generally may not substitute its view of the weight of the evidence.
The court may remand for additional testimony or evidence or allow new evidence if material and there are good reasons for not presenting it earlier, with the agency able to modify findings accordingly.
If the court does not affirm the agency's decision, it must issue written reasons for its decision, which become part of the record.
Effective date: October 1, 2026.

AI-generated summary using openai/gpt-5-nano on Feb 12, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Administrative Law and Procedures