California Codes
Cal. Government Code § 11342.2 (2026)
✓ current as of May 2026
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Whenever by the express or implied terms of any statute a state agency has authority to adopt regulations to implement, interpret, make specific or otherwise carry out the provisions of the statute, no regulation adopted is valid or effective unless consistent and not in conflict with the statute and reasonably necessary to effectuate the purpose of the statute.
Notes of Decisions
Cited in 88
cases (10 in the last 5 years), 1980–2026 · leading case: W. States Petroleum etc. v. State Bd. of Equalization, 304 P.3d 188 (Cal. 2013).
W. States Petroleum etc. v. State Bd. of Equalization, 304 P.3d 188 (Cal. 2013). “At the same time, when an implementing regulation is challenged on the ground that it is ―in conflict with the statute‖ (Gov. Code, § 11342.2) or does not ―lay within the lawmaking authority delegated by the Legislature‖ (Yamaha, supra, 19 Cal.”
California Chamber of Com. v. State Air Resources Bd., 10 Cal. App. 5th 604 (Cal. Ct. App. 2017). “Standard of Review We have set out the general standard for determining the validity of administrative regulations in a prior case as follows: “ ‘Government Code section 11342.2 provides the general standard of review for determining the validity of administrative regulations.”
In re Edwards, 237 Cal. Rptr. 3d 673 (Cal. Ct. App. 5th 2018). “In a Final Statement of Reasons accompanying the adopted regulations, CDCR asserted "life term inmates remain ineligible for parole consideration because the plain text of Proposition 57 makes clear that parole eligibility only applies to determinately sentenced inmates, and…”
Ass'n of California Ins. Companies v. Jones, 386 P.3d 1188 (Cal. 2017). “Whether the Regulation Is Consistent With the UIPA Having concluded that the Regulation fits within the lawmaking authority delegated by the Legislature, we now consider whether the Regulation is "consistent and not in conflict with" the statute and whether it is "reasonably…”
Marshall v. McMahon, 93 Cal. Daily Op. Serv. 6406 (Cal. Ct. App. 1993). “2d 1231 ]; Gov. Code, § 11342.2.) (3) In determining the proper interpretation of a statute and the validity of an administrative regulation, the agency's construction is entitled to great weight and if there appears to be a reasonable basis for it, a reviewing court will not…”
Hartzell v. Connell, 679 P.2d 35 (Cal. 1984). “; Gov. Code, § 11342.2.) The task of the reviewing court in such a case `"is to decide whether the [agency] reasonably interpreted the legislative mandate.”
Morning Star Co. v. Bd. of Equalization, 201 Cal. App. 4th 737 (Cal. Ct. App. 2011). “Legal Background “Government Code section 11342.2 provides the general standard of review for determining the validity of administrative regulations.”
Communities for a Better Env't v. California Resources Agency, 126 Cal. Rptr. 2d 441 (Cal. Ct. App. 2002). “Standard of Review Government Code section 11342.2 provides the general standard of review for determining the validity of administrative regulations.”
In re Mohammad, 501 P.3d 635 (Cal. 2022). “679 ), is consistent with the constitutional language and ballot materials, and is “reasonably necessary to effectuate the purpose” of Proposition 57 (Gov. Code, § 11342.2). The ballot materials support such a conclusion.”
GMRI, Inc. v. Cal. Dep't of Tax & Fee Admin., 230 Cal. Rptr. 3d 183 (Cal. Ct. App. 5th 2018). “) 'Whenever by the express or implied terms of any statute a state agency has authority to adopt regulations to implement, interpret, make specific or otherwise carry out the provisions of the statute, no regulation adopted is valid or effective unless consistent and not in…”
In re Mcghee, 246 Cal. Rptr. 3d 834 (Cal. Ct. App. 5th 2019). “( Gov. Code, § 11342.2 ).' [Citations.] Therefore, 'the rulemaking authority of the agency is circumscribed by the substantive provisions of the law governing the agency.”
Madera Oversight Coalition, Inc. v. Cnty. of Madera, 41 Envtl. L. Rep. (Envtl. Law Inst.) 20286 (Cal. Ct. App. 2011). “(b) [when preparing an EIR, “any significant effect on the environment shall be limited to substantial, or potentially substantial, adverse changes in physical conditions which exist within the area” (italics added)].”
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