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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

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

Other Sections in This Document (387)

Full Text

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In addition to placing reasoned and workable substantive limitations on the remedial powers of administrative agencies, the view of the judicial powers doctrine embraced by our sister states also reserves to the courts the “true” judicial power. Consistently with our prior cases dealing with administrative revocation of professional licenses, the decisions uphold an agency’s authority to exercise a challenged remedial power only if the administrative scheme also respects the “principle of check” by providing for judicial review of administrative determinations. It remains, of course, to resolve in different categories of cases, the procedures for and scope of judicial review necessary to fulfill the goal of reserving to the courts this essential attribute of judicial power.33 *374(iii) Conclusion