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


The following excerpt is from Coe v. City of San Diego, 208 Cal.Rptr.3d 73, 3 Cal.App.5th 772 (Cal. App. 2016):

'In reviewing the severity of the discipline imposed, we look to the correctness of the agency's decision rather than that of the trial court.' [Citation.] ' The penalty imposed by an administrative body will not be disturbed in mandamus proceedings unless an abuse of discretion is demonstrated. [Citations.] Neither an appellate court nor a trial court is free to substitute its discretion for that of the administrative agency concerning the degree of punishment imposed. [Citation.] [Citation.] [] In reviewing the exercise of this discretion we bear in mind the principle 'courts should let administrative boards and officers work out their problems with as little judicial interference as possible .... Such boards are vested with a high discretion and its abuse must appear very clearly before the courts will interfere.' ' [Citation.] 'The policy consideration underlying such allocation of authority is the expertise of the administrative agency in determining penalty questions.' (Cassidy v. California Bd. of Accountancy , supra , 220 Cal.App.4th at p. 633, 163 Cal.Rptr.3d 346.)

[208 Cal.Rptr.3d 88]

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