2016 California Code
Business and Professions Code - BPC
DIVISION 9 - ALCOHOLIC BEVERAGES
CHAPTER 1.5 - Administration
ARTICLE 5 - Judicial Review
Section 23090.2.
23090.2. The review by the court shall not extend further than to determine, based on the whole record of the department as certified by the board, whether:
(a) The department has proceeded without or in excess of its jurisdiction.
(b) The department has proceeded in the manner required by law.
(c) The decision of the department is supported by the findings.
(d) The findings in the department s decision are supported by substantial evidence in the light of the whole record.
(e) There is relevant evidence which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing before the department.
Nothing in this article shall permit the court to hold a trial de novo, to take evidence, or to exercise its independent judgment on the evidence.
(Added by Stats. 1967, Ch. 1525.)
Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
