What is the test for an administrative agency to apply and enforce a statute?
California, United States of America
The following excerpt is from Miller v. Department of Alcoholic Beverage Control, 160 Cal.App.2d 658, 325 P.2d 601 (Cal. App. 1958):
The foregoing rule is applicable even where the statute sought to be applied and enforced by the administrative agency is challenged upon constitutional grounds. United States v. Superior Court, 1941, 19 Cal.2d 189, 195, 120 P.2d 26.
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