What are the rules of review for an administrative agency to make determinations that are not within its area of expertise?

California, United States of America


The following excerpt is from San Diego Adult Educators v. Public Employment Relations Bd., 223 Cal.App.3d 1124, 273 Cal.Rptr. 53 (Cal. App. 1990):

In terms of construction of the law to be utilized by the administrative agency, determinations made within the agency's area of expertise are also to be accorded deference. Such determinations will be accepted unless they can be found to be "clearly erroneous." (San Mateo City School Dist. v. Public Employment Relations Bd. (1983) 33 Cal.3d 850, 856, 191 Cal.Rptr. 800, 663 P.2d 523; Los Angeles Unified School Dist. v. Public Employment Relations Bd. (1986) 191 Cal.App.3d 551, 556, 237 Cal.Rptr. 278; Regents of University of California v. Public Employment Relations Bd. (1986) 41 Cal.3d 601, 619-620, 224 Cal.Rptr. 631, 715 P.2d 590.)

With these rather special rules of review in mind, we proceed to examine the issues.

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