What is the test for redetermination of a penalty or other disciplinary action by an administrative body?

California, United States of America


The following excerpt is from Jones v. City of Loma Linda, E067781 (Cal. App. 2019):

" 'It is well settled, of course, that in cases involving the imposition of a penalty or other disciplinary action by an administrative body, when it appears that some of the charges are not sustained by the evidence, the matter will be returned to the administrative body for redetermination in all cases in which there is a "real doubt" as to whether the same action would have been taken upon a proper assessment of the evidence.' " (Poliak v. Board of Psychology (1997) 55 Cal.App.4th 342, 364)

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