California, United States of America
The following excerpt is from L. A. Cnty. Sheriff's Dep't v. L. A. Cnty. Civil Serv. Comm'n, B268599 (Cal. App. 2017):
When a party appeals following a trial court's determination of abuse or nonabuse of discretion by an administrative agency, the "'appellate court gives no deference to the trial court's determination. It makes its own determination, de novo.'" (Pollak v. State Personnel Bd. (2001) 88 Cal.App.4th 1394, 1404.) This does not mean that the appellate court "'independently or "de novo" determine[s] penalty.'" (Ibid.) The court "'"cannot substitute its discretion for that of the administrative agency on the degree of punishment to be imposed." [Citation.]' [Citation.]" (Ibid.)
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