What is the scope of a trial court review of an administrative decision?

California, United States of America


The following excerpt is from Howard v. Cal. State Pers. Bd., D064920 (Cal. App. 2015):

"Trial court review of an administrative decision is governed by Code of Civil Procedure section 1094.5. Subdivision (b) of section 1094.5 limits the extent of the reviewing court's inquiry 'to the questions whether the [administrative tribunal] has proceeded without, or in excess of, jurisdiction; whether there was a fair trial; and whether there was any prejudicial abuse of discretion.' In determining whether there was an abuse of discretion, the reviewing court may consider whether the administrative tribunal proceeded in the manner required by law, whether its order or decision is supported by the findings, and whether the findings are supported by the evidence. [Citation.]" (Furtado v. State Personnel Bd. (2013) 212 Cal.App.4th 729, 742.)

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