California, United States of America
The following excerpt is from Bohemian Club v. Fair Employment & Houseing Com., 187 Cal.App.3d 1, 231 Cal.Rptr. 769 (Cal. App. 1986):
Section 1094.5 of the Code of Civil Procedure authorizes judicial review of administrative decisions. When it is claimed that the administrative findings are not supported by the evidence, "the statute contemplates that the court will apply either the independent judgment test or the substantial evidence test...." (Kerrigan v. Fair Employment Practice Com. (1979) 91 Cal.App.3d 43, 48, 154 Cal.Rptr. 29.) "[I]f the order or decision of the agency substantially affects a fundamental vested right, the court, in determining under section 1094.5 of the Code of Civil Procedure whether there has been an abuse of discretion because the findings are not supported by the evidence, must exercise its independent judgment on the evidence and find an abuse of discretion if the findings are not supported by the weight of the evidence. If, on the other hand, the order or decision does not substantially affect a fundamental vested right, the trial court's inquiry will be limited to a determination of whether or not the findings are supported by substantial evidence in light of the whole record." (Strumsky v. San Diego County Employees Retirement Assn. (1974) 11 Cal.3d 28, 44-45, 112 Cal.Rptr. 805, 520 P.2d 29.) "Whether an administrative decision substantially affects a fundamental, vested right so as to require independent judgment review must be decided on a case-by-case basis." (Kerrigan v. Fair Employment Practice Com., supra, 91 Cal.App.3d at p. 49, 154 Cal.Rptr. 29.)
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