What is the test for consistent administrative construction of a statute?

California, United States of America


The following excerpt is from Sada v. Robert F. Kennedy Medical Center, 56 Cal.App.4th 138, 65 Cal.Rptr.2d 112 (Cal. App. 1997):

23 " 'Consistent administrative construction of a statute over many years ... is entitled to great weight and will not be overturned unless clearly erroneous.' " (Robinson v. Fair Employment & Housing Com. (1992) 2 Cal.4th 226, 234, 5 Cal.Rptr.2d 782, 825 P.2d 767.) However, "[e]ven though the court will give great weight to an administrative agency's interpretation of its own regulations and the statutes under which it operates, [issues of statutory construction present] questions of law which the court must ultimately resolve." (Id. at p. 235, fn. 6, 5 Cal.Rptr.2d 782, 825 P.2d 767.)

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