Millan

We review the denial of appellant’s petition for writ of mandate to enforce a regulation of the Department of Industrial Relations that requires studio teachers to hold both single and multiple subject teaching credentials. The Labor Commissioner has construed the regulation to require only the multiple subject credential. We conclude the regulation does not permit that construction and, hence, that petitioners are entitled to the relief they seek. Because the trial court denied that relief, we reverse.

Factual and Procedural Summary

Appellant, Motion Picture Studio Teachers & Welfare Workers, Local No. 884, is a labor union representing teachers in the entertainment industry. Respondents are the Assistant Labor Commissioner and the Department of Industrial Relations. Respondents are responsible for certifying studio teachers—persons qualified to teach minors whose work in the entertainment industry precludes their attendance in a regular elementary or secondary school program.

Section 11755 of title 8 of the California Code of Regulations, a regulation duly adopted by the Department of Industrial Relations (Lab. Code, § 53), provides that studio teachers must meet…