What is the burden on a party challenging a regulation to prove its invalidity?
California, United States of America
The following excerpt is from Cal. Sch. Boards Ass'n v. State Bd. of Educ., 10 Cal. Daily Op. Serv. 37, 119 Cal.Rptr.3d 596, 191 Cal.App.4th 530, 263 Ed. Law Rep. 268 (Cal. App. 2011):
We keep in mind that "the burden is on the party challenging a regulation to show its invalidity." ( Mineral Associations, supra, 138 Cal.App.4th at p. 589, 41 Cal.Rptr.3d 544; accord Geftakys v. State Personnel Bd. (1982) 138 Cal.App.3d 844, 867, 188 Cal.Rptr. 305.)
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