Section 1808

Citation: Section 1808
Parent Document: McHugh v. Santa Monica Rent Control Board, 777 P.2d 91 (1989)
Jurisdiction: California (state)
Effective Date: 1989-08-17
Original Source: https://www.courtlistener.com/opinion/1156663/mchugh-v-santa-monica-rent-cont... ↗

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[15] The only court to consider that distinction has rejected it. Plasti-Line, Inc. v. Human Rights Com'n (Tenn. 1988) 746 S.W.2d 691, involved the constitutional authority of an antidiscrimination commission. The defendant asserted that because the commission did not exercise licensing power, its adjudication of disputes between private litigants "is not appropriate for an administrative agency and is exclusively a function of the state judicial department." (Id. at p. 693.) The Tennessee Supreme Court responded by noting that throughout most of the country, workers' compensation claims are determined by administrative agencies not involved in licensing, and which lack constitutional authority to exercise truly "judicial" powers (California, of course, is an exception; see Cal. Const., art. XIV, § 4), and yet such schemes "have almost universally been held constitutional." (746 S.W.2d at p. 693; see, e.g., Nevada Indus. Commission v. Reese (1977) 93 Nev. 115 [560 P.2d 1352, 1353-1356]; Wylie Corp. v. Mowrer (1986) 104 N.M. 751 [726 P.2d 1381, 1382-1383] [overruling State v. Mechem (1957) 63 N.M. 250 (316 P.2d 1069, 1070-1072)]; Jaffe, Judicial Control of Administrative Action, supra, p. 97.)

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