What is the test for determining whether an administrative decision substantially affects a fundamental right?

California, United States of America


The following excerpt is from Prasad v. Lightbourne, H043780 (Cal. App. 2018):

[Citation.] If the administrative decision substantially affects a fundamental vested right, the trial court must exercise its independent judgment on the evidence. [Citations.] The trial court must not only examine the administrative record for errors of law, but must also conduct an independent review of the entire record to determine whether the weight of the evidence supports the administrative findings. [Citation.] If, on the other hand, the administrative decision neither involves nor substantially affects a fundamental vested right, the trial court's review is limited to determining whether the administrative findings are supported by substantial evidence." (Wences v. City of Los Angeles (2009) 177 Cal.App.4th 305, 313.)

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