California CodesCalifornia Constitution - CONSArticle III — State of CaliforniaSection 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.
Notes
Prohibits administrative agencies from declaring statutes unconstitutional or refusing enforcement on constitutional grounds without an appellate-court determination. Also bars agencies from refusing enforcement because federal law or regulations allegedly prohibit it unless an appellate court has determined that federal law or regulations prevent enforcement.
Use as reference
Lexinter.net | Cal. Const. art. III, § 3.5 | https://laws.lexinter.net/constitution/california/article-iii/section-3-5