What is the test for abuse of discretion in a review of an administrative order?
California, United States of America
The following excerpt is from Alford v. Pierno, 104 Cal.Rptr. 110, 27 Cal.App.3d 682 (Cal. App. 1972):
Code of Civil Procedure section 1094.5, which deals with review of administrative orders, provides, in subdivision (b), that 'Abuse of discretion is established if . . . the order or decision is not supported by the findings, . . .' (See also Le Strange v. City of Berkeley (1962) 210 Cal.App.2d 313, 320, 26 Cal.Rptr. 550, 555.)
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