Section 1808

Citation: Section 1808
Parent Document: McHugh v. Santa Monica Rent Control Board, 777 P.2d 91 (1989)
Jurisdiction: California (state)
Effective Date: 1989-08-17
Original Source: https://www.courtlistener.com/opinion/1156663/mchugh-v-santa-monica-rent-cont... ↗

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The better analyzed and more thoughtful decisions, as we read them, set out the following guidelines: An administrative agency may constitutionally hold hearings, determine facts, apply the law to those facts, and order relief—including certain types of monetary relief—so long as (i) such activities are authorized by statute or legislation and are reasonably necessary to effectuate the administrative agency’s primary, legitimate regulatory purposes, and (ii) the “essential” judicial power (i.e., the power to make enforceable, binding judgments) remains ultimately in the courts, through review of agency determinations. As noted above, the “procedural” aspect of this test {ante at p. 361) is entirely consistent with (and indeed, dictated by) established California law concerning administrative revocation of professional licenses {ante at p. 361). We review below the merit, scope, and propriety of our sister states’ substantive limitations on administrative remedial power.

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