What is the test for judicial review of administrative proceedings?
California, United States of America
The following excerpt is from British Motor Car Distributors, Ltd. v. New Motor Vehicle Bd., 194 Cal.App.3d 81, 239 Cal.Rptr. 280 (Cal. App. 1987):
In judicial review of administrative proceedings under Code of Civil Procedure section 1094.5, the test to be applied depends upon whether the administrative decision substantially affects a fundamental vested right. (Bixby v. Pierno (1971) 4 Cal.3d 130, 143, 93 Cal.Rptr. 234, 481 P.2d 242.) If it does, the trial court exercises its independent judgment upon the evidence; if not, its review is limited to whether the administrative decision is supported by substantial evidence in light of the whole
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