2019 California Code
Labor Code - LAB
DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION
PART 3.5 - AGRICULTURAL LABOR RELATIONS
CHAPTER 6.5 - Contract Dispute Resolution
Section 1164.5.
(a) Within 30 days after the order of the board takes effect, a party may petition for a writ of review in the court of appeal or the California Supreme Court. If the writ issues, it shall be made returnable at a time and place specified by court order and shall direct the board to certify its record in the case to the court within the time specified. The petition for review shall be served personally upon the executive director of the board and the nonappealing party personally or by service.
(b) The review by the court shall not extend further than to determine, on the basis of the entire record, whether any of the following occurred:
(1) The board acted without, or in excess of, its powers or jurisdiction.
(2) The board has not proceeded in the manner required by law.
(3) The order or decision of the board was procured by fraud or was an abuse of discretion.
(4) The order or decision of the board violates any right of the petitioner under the Constitution of the United States or the California Constitution.
(c) Nothing in this section shall be construed to permit the court to hold a trial de novo, to take evidence other than as specified by the California Rules of Court, or to exercise its independent judgment on the evidence.
(Added by Stats. 2002, Ch. 1145, Sec. 2. Effective January 1, 2003.)
