What is the standard of review in the Court of Appeal of an administrative decision?

California, United States of America


The following excerpt is from Fei Enterprises, Inc. v. Dep't of Indus. Relations, B224683 (Cal. App. 2011):

"In the appellate court, the appropriate standard of review is substantial evidence, regardless of the nature of the right involved. Thus, even in those cases where 'the trial court is required to review an administrative decision under the independent judgment standard of review, the standard of review on appeal of the trial court's determination is the substantial evidence test.' [Citation.]" (MHC Operating Limited Partnership v. City of San Jose (2003) 106 Cal.App.4th 204, 218.) Where, as in the current case, the substantial evidence test was applied by the trial court, we largely address the same question as did the trial court, namely, are the agency's findings supported by substantial evidence. (Id. at pp. 218-219.)

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