Bus. & Prof. Code, § 26046 · Chapter 4. Appeals
Bus. & Prof. Code, § 26046
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(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.
Notes and commentary — not statutory text
History
Amended by Stats. 2021, Ch. 70, Sec. 34. (AB 141) Effective July 12, 2021.
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=26046.
- Text hash
- sha256 5ef52c51269173855ec03cfe3ca0868d199037ae4b083877b1da15307c1e9212
- 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.