USA – CALIFORNIA LAW AND PRACTICE Contributed by: Nora Sheriff, Gwenneth O’Hara, Robert Dato, Efrat Cogan, Samir Hafez and Antonio Carrejo, Buchalter
1.2 Forum for Judicial Review Pursuant to the California Public Utilities Code, challenges to CPUC orders or decisions may only be heard by the Court of Appeal; challenges must be made by a petition for writ of review in the Court of Appeal. These deferential rules, which do not permit challenge in a Superior Court forum, arise from the fact that the Com - mission is not an ordinary administrative agency but a constitutional body with broad legislative and judicial powers. The nature of the Commission decision being challenged in the Court of Appeal determines its susceptibility to challenge by an aggrieved party. The most fruitful ground for appeal is that the Commission did not follow its own rules of practice and procedure. Additional detail is pro - vided in 10. Grounds . 3. Nature of the Decision 3.1 Challenging Primary Legislation In California, a statute may be challenged on the grounds that it is unconstitutional or void under the state or federal constitution. If it is a facial challenge, then the challenger must show that there is no possible scenario under which the statute may lawfully apply. Alternatively, a chal - lenger may argue that the statute is unconstitu - tional as applied, in which case the challenger must prove a constitutional violation under the facts of the particular case. Under certain cir - cumstances, there are other procedural hurdles to challenging a statute “as applied” . For exam - ple, if the statute is claimed to effect a taking, challengers are often first required to apply for 2. Target of Challenge 2.1 Determining Susceptibility
an exception with the regulatory agency if there is an administrative proceeding available. Statutes may also be challenged if they conflict with federal law (ie, if federal regulation pre- empts the field). Alternatively, if the challenge is not constitutional, or is based on federal comity principles, a challenger may use a Code of Civil Procedure Section 1085 writ proceeding to chal - lenge the legislation. 3.2 Challenging Secondary Legislation Parties may also challenge secondary legisla - tion, or regulations adopted by agencies, on the grounds that they violate constitutional or statu - tory limits, or that they are vague, and/or that they exceed the agencies’ mandate. The courts will generally defer to agency interpretations of their own regulations; but they will not do so if the statutory and regulatory language is clear, and raises only an issue of law. 3.3 Government Decisions Affecting Sole Individuals It is possible, though rare, for an affected person to challenge a CPUC decision that only affects them, as opposed to all public utility custom - ers. This situation would arise where the CPUC has issued a decision adjudicating an individual person’s complaint again a public utility. An individual person may file a complaint with the Commission against a public utility alleging that the public utility has violated the law, or an order or rule of the Commission. Individual com - plaints are not allowed on the reasonableness of rates or charges of a public utility. After an order or decision has been made, parties to a complaint (including an individual) have the right to file applications for rehearing if they disagree with the Commission’s adjudication of the com - plaint.
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