What is the test for an administrative agency's interpretation of a controlling statute?

California, United States of America


The following excerpt is from Arcadia v. State Water Res. Control Bd., 119 Cal.Rptr.3d 232, 191 Cal.App.4th 156, 2010 Daily Journal D.A.R. 19, 149 (Cal. App. 2011):

" If the agency's action depends solely upon the correct interpretation of a statute, that is a question of law upon which the court exercises its independent judgment. [Citation.] In doing so, however, we are guided by the principle that an ' "administrative [agency's] interpretation [of controlling statutes] ... will be accorded great respect by the courts and will be followed if not clearly erroneous." ' [Citations.]" ( Wirth v. State of California (2006) 142 Cal.App.4th 131, 138, 47 Cal.Rptr.3d 623.)

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