Proceedings before administrative agencies often involve an agency's interpretation of a statute within their jurisdiction or a rule promulgated by the agency. When that interpretation is challenged, a court or administrative judge will decide what weight to give to the agency's interpretation. Recently in Kisor v. Wilkie, the U.S. Supreme Court significantly restricted the doctrine of Auer deference. 139 S. Ct. 2400 (2019). Under Auer deference, courts defer to an administrative agency's interpretation of its own regulation when that regulation is ambiguous, and the agency's interpretation is reasonable. The split decision in Kisor leaves the doctrine intact but establishes a number of limitations to its application. In federal parlance the so-called Chevron deference two-step process concerning an Agency's statute is highly litigated. The courts of Tennessee have also weighed in on the limits of agency deference. This segment will examine the agency deference doctrine, discuss when deference can be given and what sort of agency is entitled to deference if it applies.
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This program will be filed for Tennessee CLE credit. Please email a request to email@example.com for Georgia and Mississippi CLE credit.