In reviewing a decision of an administrative agency not involving a fundamental right, what is the standard of review?

California, United States of America


The following excerpt is from Highland Constr. Inc v. State Of Cal. Dep't Of Transp., B221916, No. BS119024 (Cal. App. 2010):

In reviewing the decision of an administrative agency not involving a fundamental right the trial court reviews the whole record to determine whether the decision is supported by substantial evidence. On appeal, we stand in the shoes of the trial court and apply the same standard of review. (Donley v. Davi (2009) 180 Cal.App.4th 447, 455-456.) In applying this deferential review we presume the agency's findings are supported by the administrative record; it is the appellant's burden to show that they are not. We do not reweigh the evidence but indulge in all presumptions and resolve all conflicts in favor of the agency's decision. (Id. at p. 456.)

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