California Codes

Cal. Business and Professions Code § 23090.2 (2026)

✓ current as of May 2026

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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.

Notes of Decisions

Cited in 1 case, 1981–1981 · leading case: Dep't of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Bd., 122 Cal. App. 3d 549 (Cal. Ct. App. 1981).

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Dep't of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Bd., 122 Cal. App. 3d 549 (Cal. Ct. App. 1981). “” 3 Business and Professions Code section 23090.”

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