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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As observed above, there is no modern decision of this state addressing the precise administrative remedial power challenged here. With the exception of Jersey Maid—which, for the reasons discussed above, we do not believe should be viewed as controlling—our prior cases do not conflict with the approach taken by our sister states, and indeed they recognize the constitutional necessity of the “principle of check.” We believe our sister states’ approach (i.e., embracing substantive as well as procedural limitations on administrative power) reflects a practical and reasoned understanding of the judicial powers doctrine. With the following considerations and concerns in mind, we, like our sister states, conclude that administrative adjudication and awarding of restitution does not offend our Constitution’s judicial powers clause when these substantive and procedural limitations are respected.

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