When an agency has promulgated regulations to give force to a constitutional provision rather than a statutory provision, what is the legal test for interpreting the regulations?

California, United States of America


The following excerpt is from In re Gadlin, 10 Cal.5th 915, 272 Cal.Rptr.3d 879, 477 P.3d 594 (Cal. 2020):

the relevant principles of interpretation differ when an agency has promulgated regulations to give force to a constitutional provision, rather than a statutory provision. The parties in this case have not suggested an alternative framework to interpret agency regulations authorized by constitutional provisions, and we see no reason to think a different framework would lead to a different result. Therefore, for purposes of this case we proceed as though the ordinary analytical approach applies. (Cf. Samara v. Matar (2018) 5 Cal.5th 322, 330, 234 Cal.Rptr.3d 446, 419 P.3d 924.)

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