Zaretsky

The parties to this action are the plaintiff/appellant, Placentia-Linda Community Hospital, Inc. (hereafter hospital) and the respondent, the Director of the Office of Statewide Health Planning and Development for the State of California (hereafter director).

On May 1, 1979, the trial court denied hospital’s petition for a writ of mandate to require the director to issue a certificate of exemption pursuant to Health and Safety Code section 437.13, exempting hospital from the requirements of Health and Safety Code section 437.10. The hospital had made application to the director for a certificate of exemption for a contemplated addition of 3,290 square feet to enable hospital to relocate beds from preexisting three-bed rooms to two-bed rooms. *852 The total cost of the project was less than the $250,000 threshold amount prescribed in section 437.13, subdivision (a)(8).

By letter dated November 15, 1978, the director denied the hospital’s application upon the finding that: “The project is not a remodeling or replacement project. The project is essentially, the addition of a new wing of approximately 3,290 square feet of floor area to the hospital, space that is to house…

I dissent. The majority’s use of the adjective “absurd” to characterize the agency’s interpretation of the scope of the exemptions authorized by Health and Safety Code section 437.13 is wholly unwarranted. While statutory interpretation is ultimately a judicial function, the interpretation of a statute by the agency charged with its administration and enforcement is entitled to great weight and should be followed unless it is “clearly erroneous.” (Judson Steel Corp. v. Workers’ Comp. Appeals Bd. (1978) 22 Cal.3d 658, 668-669 [ 150 Cal.Rptr. 250 , 586 P.2d 564 ]; Wilkinson v. Workers’ Comp. Appeals Bd. (1977) 19 Cal.3d 491, 501 [ 138 Cal.Rptr. 696 , 564 P.2d 848 ]; Rivera v. City of Fresno (1971) 6 Cal.3d 132, 140 [ 98 Cal.Rptr. 281 , 490 P.2d 793 ]; State Compensation Ins. Fund v. Workers’ Comp. Appeals Bd. (1979) 88 Cal.App.3d 43, 53-54 [ 152 Cal.Rptr. 153 ].) The majority fails to give the agency’s interpretation the weight and respect to which it is entitled.

Appellant proposed to add to its hospital a new wing consisting of approximately 3,290 square feet to house 7 new two-bed patient rooms to be relocated from existing three-bed patient rooms while retaining all of its…