Not exact matches
But similar
language — this time calling for a halt to the new standards pending
legislative review — made its way into a separate education proposal that passed the Senate earlier this month.
To
review the
legislative and / or appropriations
language for HB 1181 in context see item D. 13 under § 22.1 - 253.13:1.
The
legislative staff
reviewed the
language and said clarification was unnecessary since the districts could report the student and receive state funding.
Justice Stratas indicates, in the spirit of this article, that
legislative words matter and that there are many contextual factors which might provide that a presumption of deferential
review (or reasonableness, whatever we want to call it), is rebutted, and a narrower margin must be accepted: for example, «statutory recipes that must be followed,» statutory purposes, settled case law, discretionary decisions, and importantly, clear statutory
language.
In addition to
reviewing the statutory
language of the AIA and its
legislative history, the opinions delved into administrative rulemaking under the Administrative Procedure Act (APA), and the evidentiary concepts of «burden of production» and «burden of persuasion.»
The Sixth Circuit noted that in
reviewing a question of statutory interpretation, it first turns to the
language of the statute, but when that
language is ambiguous, it must turn to the
legislative history.