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Cal. Bus. & Prof. Code § 26043

Appeals

Redline — January 1, 2015 → current.View current text →
Current — January 1, 2021
As of January 1, 2015
(a) After proceedings pursuant to Section 26031, 26031.5, or 26058 or Chapter 2 (commencing with Section 480) or Chapter 3 (commencing with Section 490) of Division 1.5, any person aggrieved by the decision of the department denying the person’s application for any license, denying the person’s renewal of any license, placing any license on probation, imposing any condition on any license, imposing any fine on any license or licensee, assessing any penalty on any license, or canceling, suspending, revoking, or otherwise disciplining any license as provided for under this division, may appeal the department’s written decision to the panel.
(a) When any person aggrieved thereby appeals from a decision of the bureau or any licensing authority ordering any penalty assessment, issuing, denying, transferring, conditioning, suspending or revoking any license provided for under this division, the panel shall review the decision subject to such limitations as may be imposed by the Legislature. In such cases, the panel shall not receive evidence in addition to that considered by the bureau or the licensing authority.
(b) The panel shall review the decision subject to such limitations as may be imposed by the Legislature. In such cases, the panel shall not receive evidence in addition to that considered by the department.
(b) Review by the panel of a decision of the bureau or a licensing authority shall be limited to the following questions: (1) Whether the bureau or any licensing authority has proceeded without or in excess of its jurisdiction. (2) Whether the bureau or any licensing authority has proceeded in the manner required by law. (3) Whether the decision is supported by the findings. (4) Whether the findings are supported by substantial evidence in the light of the whole record.
(c) Review by the panel of a decision of the department shall be limited to the following questions: (1) Whether the department has proceeded without or in excess of its jurisdiction. (2) Whether the department has proceeded in the manner required by law. (3) Whether the decision is supported by the findings. (4) Whether the findings are supported by substantial evidence in the light of the whole record.

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