Terms Used In California Constitution Article III § 3.5 - An administrative agency, including an administrative agency created ...

  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Statute: A law passed by a legislature.
  

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.)