Section SEC. 3.5.
Cal. * California Constitution - CONS § SEC. 3.5.
in effectAn 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.
Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026