California, United States of America
The following excerpt is from Clerici v. Department of Motor Vehicles, 224 Cal.App.3d 1016, 274 Cal.Rptr. 230 (Cal. App. 1990):
Code of Civil Procedure section 1094.5, subdivision (c) provides the basic framework by which an aggrieved party to an administrative [224 Cal.App.3d 1023] proceeding may seek judicial review of any final order or decision rendered by a state agency. There are two tests for judicial review of the evidentiary basis for the agency's decision. The "independent judgment" rule applies if the decision of an administrative agency will substantially affect a fundamental vested right. The trial court must not only examine the administrative record for errors of law, but also must exercise its independent judgment upon the evidence disclosed in a limited trial de novo. (Bixby v. Pierno (1971) 4 Cal.3d 130, 143, 93 Cal.Rptr. 234, 481 P.2d 242.) The "substantial evidence" rule applies when the administrative decision neither involves nor substantially affects a vested right. The trial court must then review the entire administrative record to determine whether the findings are supported by substantial evidence and whether the agency committed any errors of law, but need not look beyond the record of the administrative proceedings. (Id. at p. 144, 93 Cal.Rptr. 234, 481 P.2d 242.) Which standard is to be utilized depends on whether the administrative action affects a fundamental vested right.
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