What is the test for determining the validity of an administrative ruling?

California, United States of America


The following excerpt is from O'Connor v. State Teachers' Retirement System, 43 Cal.App.4th 1610, 51 Cal.Rptr.2d 540 (Cal. App. 1996):

"... '[I]n determining the proper interpretation of a statute and the validity of an administrative regulation, the administrative agency's construction is entitled to great weight, and if there appears to be a reasonable basis for it, a court will not substitute its judgment for that of the administrative body.' [Citations.] In addition, an administrative ruling ' "comes before the court with a presumption of correctness and regularity, which places the burden of demonstrating invalidity upon the assailant [fn. omitted]." [Citations.]' " (Campbell Industries v. Board of Equalization (1985) 167 Cal.App.3d 863, 868, 213 Cal.Rptr. 533.)

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