What is the test for judicial review of an administrative determination?

California, United States of America


The following excerpt is from Quackenbush v. Mission Ins. Co., 46 Cal.App.4th 458, 54 Cal.Rptr.2d 112 (Cal. App. 1996):

However, "[a]n administrative determination will be interfered with by the courts where the determination is based upon an error in law. [Citation.] It is for the courts, not for administrative agencies, to lay down the governing principles of law. Accordingly, questions of law are reviewable. [Citation.] Whether an administrative agency applies the legislative standards validly set up, and whether it acts within the authority conferred or goes beyond it, are proper questions for judicial decision. [Citation.] The matter of statutory construction is not finally entrusted to administrative agencies; it is determined ultimately by the courts. [Citation.]" (People ex rel. Fund American Companies v. California Ins. Co. (1974) 43 Cal.App.3d 423, 431, 117 Cal.Rptr. 623.)

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