When an agency adopts a new interpretation of a statute and rejects an old interpretation of the statute?

California, United States of America


The following excerpt is from Henning v. Industrial Welfare Com., 252 Cal.Rptr. 278, 46 Cal.3d 1262, 762 P.2d 442 (Cal. 1988):

Even when an agency adopts a new interpretation of a statute and rejects an old, a court must continue to apply a deferential standard of review: "When [the agency] does [change its mind], the courts still sit in review of the administrative decision and should not approach the statutory construction issue de novo and without regard to the administrative understanding of the statutes." (NLRB v. Iron Workers, supra, 434 U.S. at p. 351, 98 S.Ct. at p. 661.)

Other Questions


Is a city's interpretation of a section of the California Civil Code interpreted in the context of an administrative agency's interpretation? (California, United States of America)
How have courts interpreted the interpretation of a federal agency's interpretation of the California Civil Code? (California, United States of America)
What is the test for interpretation of the California Code of Civil Procedure when it comes to the interpretation of statutory interpretation? (California, United States of America)
When harmonizing two statutes relating to the same subject, can a particular or specific statute take precedence over a conflicting general statute? (California, United States of America)
Does the rule against interpreting statutory language "in a manner that would render some part of the statute surplusage" support a different interpretation? (California, United States of America)
Can a defense interpreter only interpret words of the witness interpreter at trial? (California, United States of America)
What is the test for an administrative agency's interpretation of a controlling statute? (California, United States of America)
Does the Juvenile Court or the adoption agency have to inform prospective adoptive parents of every potentially troubling issue in the biological parents' family history? (California, United States of America)
Is section 1001.36 of the California Criminal Code a "stressed interpretation" of the law and, if so, would it be impertinent for the court to place a strained interpretation upon the statute? (California, United States of America)
Does section 125.3 of the California Code of Civil Procedure apply to the construction of the statute, and if so, does the court have jurisdiction to interpret the interpretation of the law? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.