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Cal. Bus. & Prof. Code § 23090.2

Judicial Review

Known as the Alcoholic Beverage Control Act

The act spans §§ 23000–25762 (737 sections).

Applied in 16 court decisions — leading case Department of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board (2006)

Most recently applied in 151 Cal. App. 4th 1274 - Rondon v. Alcoholic Beverage Control Appeals Board (June 2007)

Added by Stats. 1967, Ch. 1525.

How often courts cite this section

19681970198019902000200720
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.