California, United States of America
The following excerpt is from City of Fairfield v. Superior Court, 122 Cal.Rptr. 543, 14 Cal.3d 768, 537 P.2d 375 (Cal. 1975):
Under Overton Park, the responses of the administrator to questions put at trial or discovery substitute for findings as a basis for judicial review. Section 1094.5, however, provides for judicial review based upon the findings of the administrative body--not for review based upon the deposition of the administrator or some other less satisfactory substitute for findings--and thus by implication imposes upon the agency a duty to render findings. As we stated in Topanga Ass'n for Scenic Community v. County of Los Angeles (1974) 11 Cal.3d 506, 515, 113 Cal.Rptr. 836, 841, 522 P.2d 12, 17: 'implicit in section 1094.5 is a requirement that the agency which renders the challenged decision must set forth [14 Cal.3d 779] findings to bridge the analytic gap between the raw evidence and ultimate decision or order.' 11
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