Statute · California Constitution

Cal. Const. art. III, § 3.5 — STATE OF CALIFORNIA

Cal. Const. art. III, § 3.5

Type
Statute
Source
California Constitution
Jurisdiction
California
Current through
Nov 2, 2026 (California Legislative Counsel)

An administrative agency, including an administrative agency created by the Constitution or an initiative statute, has no power:

Citator

Cal. Const. art. III, § 3.5 — STATE OF CALIFORNIA is in force in the current edition of the Code, and nothing recorded condemns it.

An administrative agency, including an administrative agency created by the Constitution or an initiative statute, has no power:

(a) To declare a statute unenforceable, or refuse to enforce a statute, on the basis of it being unconstitutional unless an appellate court has made a determination that such statute is unconstitutional;

(b) To declare a statute unconstitutional;

(c) To declare a statute unenforceable, or to refuse to enforce a statute on the basis that federal law or federal regulations prohibit the enforcement of such statute unless an appellate court has made a determination that the enforcement of such statute is prohibited by federal law or federal regulations.