What is the scope of a court's review of an interpretation of a rule by the California Department of Justice?

California, United States of America


The following excerpt is from Katzberg v. Davis, C065021 (Cal. App. 2012):

"The proper scope of a court's review is determined by the task before it." (Woods v. Superior Court (1981) 28 Cal.3d 668, 679.) In reviewing an agency construction of its rules the courts should, first, place the rules in their administrative context and then read them in the light of the interpretive claims of the contending parties. If the court's interpretation agrees with the agency interpretation, that is the end of the matter since there is no conflict to resolve and no deference required. If not, the question becomes what deference is to be accorded the administrative agency's interpretation.

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