What is the test for judicial review of a final order or decision rendered by a state or local administrative agency?

California, United States of America


The following excerpt is from Northern Inyo Hosp. v. Fair Emp. Practice Com., 112 Cal.Rptr. 872, 38 Cal.App.3d 14 (Cal. App. 1974):

The basic framework for the rules governing judicial review of any final order or decision rendered by a state or local administrative agency is provided by Code of Civil Procedure section 1094.5. (Bixby v. Pierno, 4 Cal.3d 130, 137, 93 Cal.Rptr. 234, 238, 481 P.2d 242, 246.) Subdivision (c) of the section provides: '(c) . . . Where it is claimed that the findings are not supported by the evidence, in cases in which the court is authorized by law to exercise its independent judgment on the evidence, abuse of discretion is established if the court determines that the findings are not supported by the weight of the evidence; and in all other cases abuse of discretion is established if the court determines that the findings are not supported by substantial evidence in the light of the whole record.'

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