Does a nonconstitutional administrative agency, during quasijudicial administrative proceedings, lack authority to determine the constitutionality of a statute?

California, United States of America


The following excerpt is from Lockyer v. City and County of San Francisco, 17 Cal.Rptr.3d 225, 33 Cal.4th 1055, 95 P.3d 459 (Cal. 2004):

The majority does not identify any pre-1978 decision holding that a nonconstitutional administrative agency, during quasijudicial administrative proceedings, lacked authority to determine a statute's constitutionality. The majority asserts that this court so held in State of California v. Superior Court (Veta) (1974) 12 Cal.3d 237, 115 Cal.Rptr. 497, 524 P.2d 1281. (Maj. opn., ante, 17 Cal.Rptr.3d at p. 250, 95 P.3d at p. 480.) But this court there decided only that the doctrine of exhaustion of administrative remedies did not apply to a constitutional challenge to the statute from which the administrative agency derived its authority. (State of California v. Superior Court (Veta), supra, at p. 251, 115 Cal.Rptr. 497, 524 P.2d 1281.) In concluding that a litigant was not required during quasi-judicial administrative proceedings to make a constitutional challenge to the statute that created the agency, this court explained that "[i]t would be heroic indeed to compel a party to appear before an administrative body to challenge its very existence and to expect a dispassionate hearing before its preponderantly lay membership on the constitutionality of the statute establishing its status and functions." (Ibid.) This court did not state, or even imply, that an administrative agency lacked authority to resolve constitutional issues that a litigant might present.

Other Questions


In reviewing the severity of discipline imposed by an administrative body in a mandamus proceeding, does the court need to consider the correctness of the decision of the administrative agency rather than that of the trial court? (California, United States of America)
What is the test for determining whether an administrative agency has made an administrative finding? (California, United States of America)
What is the test for determining whether an administrative body or agency has quasijudicial power to extend privilege to an otherwise defamatory publication? (California, United States of America)
What is the test for determining whether an administrative agency has made a finding that an administrative decision was correct? (California, United States of America)
In what circumstances can localities proceed to enforce a statute of doubtful constitutionality by disobeying the statute? (California, United States of America)
Does the Court of Appeal have any authority or authority to interfere with the determination of the trier of fact? (California, United States of America)
What is the legal test for a petition for a writ of administrative mandamus against an administrative agency's final decision imposing discipline upon a police officer? (California, United States of America)
What is the test for determining whether a statute is constitutional? (California, United States of America)
What is the test for determining whether a particular statute is or is not too broad in the constitutional sense? (California, United States of America)
Is a statute restricting judicial review of administrative decisions to the appellate courts within the legislative powers implied or not specified by the Constitution? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.