Bus. & Prof. Code, § 23090.2 · Article 5. Judicial Review
Bus. & Prof. Code, § 23090.2
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
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 and commentary — not statutory text
History
Added by Stats. 1967, Ch. 1525.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC§ionNum=23090.2.
- Text hash
- sha256 4a9b7960994c8ce3f6af8b18478c84452d308b93668926ac5cf96a1ae4523109
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.