What is the standard of proof in a review of a finding of no substantial evidence?

California, United States of America


The following excerpt is from Chamberlain v. Ventura County Civil Service Com., 138 Cal.Rptr. 155, 69 Cal.App.3d 362 (Cal. App. 1977):

In any event, the standard of proof in the original administrative proceedings is wholly irrelevant to the standard of proof applicable to a review of such proceedings. For example, Johnstone v. City of Daly City, supra, 156 Cal.App.2d 506, 319 P.2d 756, a principal authority relied upon by petitioner for the proposition that the standard or proof 'in disciplinary administrative proceedings' requires that the charges 'be established to a reasonable certainty' based its reversal of the trial court judgment denying a writ of mandate upon the conclusion there was no 'substantial evidence to support the order of the city council,' thereby applying upon review a standard of proof even lower than that of 'preponderance of the evidence.'

A similar situation exists in regard to the review of factual determinations in criminal trials where the standard of proof in the initial proceeding is proof beyond a reasonable doubt. Nonetheless, on review of such findings, the 'substantial evidence' test is applied. This longstanding rule was recently reaffirmed in People v. Kunkin, 9 Cal.3d 245, 250, 107 Cal.Rptr. 184, 187, 507 P.2d 1392, 1395, where the court said:

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