California Constitution
Article III - State of California
Section 3.5.
Universal Citation: CA Constitution art III § 3.5
SEC. 3.5.
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.
(Sec. 3.5 added June 6, 1978, by Prop. 5. Res.Ch. 48, 1977.)
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