California § SEC. 3.5. SEC. 3.5. (Sec. 3.5 added Nov. 8, 2016, by Prop. 52. Initiative measure.)

California Statutes

§ SEC. 3.5. — SEC. 3.5. (Sec. 3.5 added Nov. 8, 2016, by Prop. 52. Initiative measure.)

California § SEC. 3.5.

Code CONS* California Constitution - CONS

Art. IIIARTICLE III STATE OF CALIFORNIA

This text of California § SEC. 3.5. (SEC. 3.5. (Sec. 3.5 added Nov. 8, 2016, by Prop. 52. Initiative measure.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Cal. * California Constitution - CONS Code § SEC. 3.5. (2026).

Text

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.

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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.