2025 California Code
Business and Professions Code - BPC
DIVISION 10 - Cannabis
CHAPTER 4 - Appeals
Section 26046.

Universal Citation:
CA Bus & Prof Code § 26046 (2025)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

26046. (a) The review by the court shall not extend further than to determine, based on the whole record of the department as certified by the panel, whether:

(1) The department has proceeded without or in excess of its jurisdiction.

(2) The department has proceeded in the manner required by law.

(3) The decision of the department is supported by the findings.

(4) The findings in the department’s decision are supported by substantial evidence in the light of the whole record.

(5) 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.

(b) Nothing in this chapter shall permit the court to hold a trial de novo, to take evidence, or to exercise its independent judgment on the evidence.

(Amended by Stats. 2021, Ch. 70, Sec. 34. (AB 141) Effective July 12, 2021.)

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