SECTIONS 23080-23089 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 23080-23089

23080. As used in this article "decision" means any determination
of the department imposing a penalty assessment or affecting a
license which may be appealed to the board under Section 22 of
Article XX of the Constitution.

23081. On or before the tenth day after the last day on which
reconsideration of a final decision of the department can be ordered,
any party aggrieved by a final decision of the department may file
an appeal with the board from such decision. The appeal shall be in
writing and shall state the grounds upon which a review is sought. A
copy of the appeal shall be mailed by the appellant to each party who
appeared in the proceeding before the department, including the
department which shall thereafter be treated in all respects as a
party to the appeal. The right to appeal shall not be affected by
failure to seek reconsideration before the department.

23081.5. An appeal to the board shall be deemed filed on the date
it is received in the principal office of the board; provided,
however, an appeal mailed to the board by means of registered mail
shall be deemed filed with the board on the date of the registry with
the United State Post Office.

23082. No decision of the department shall become effective during
the period in which an appeal may be filed and the filing of an
appeal shall stay the effect of the decision until such time as a
final order is made by the board.

23083. (a) The board shall determine the appeal upon the record of
the department and upon any briefs which may be filed by the parties.
If any party to the appeal requests the right to appear before the
board, the board shall fix a time and place for argument. The board
shall not receive any evidence other than that contained in the
record of the proceedings of the department.
(b) Notwithstanding Section 11425.10 of the Government Code,
Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3
of Title 2 of the Government Code does not apply to the
determination.

23083.5. (a) The board shall establish a surcharge applicable to
the annual fees provided for in Section 23320.
(b) The surcharge set by the board shall be proportionate to the
fee charged to each licensee pursuant to Section 23320 and shall
provide an amount which is sufficient to pay the actual costs of the
board in carrying out its duties commencing July 1, 1982. The
surcharge shall not exceed 3 percent applied to the annual fees
provided for in Section 23320, but shall otherwise be adjusted
periodically to ensure that sufficient amounts are collected to pay
these costs. The surcharge shall be collected on behalf of the board
by the Department of Alcoholic Beverage Control at the same time the
department makes its regular collections of annual fees pursuant to
Sections 23320 and 23320.2.
(c) All surcharges collected by the Department of Alcoholic
Beverage Control on behalf of the board pursuant to this section
shall be deposited in the Alcoholic Beverage Control Appeals Fund,
which is hereby created. All moneys in the Alcoholic Beverage Control
Appeals Fund shall be available to the board, when appropriated by
the Legislature, to pay the actual costs of the board in carrying out
its duties, commencing July 1, 1982, under this chapter.

23084. The review by the board of a decision of the department
shall be limited to the questions:
(a) Whether the department has proceeded without, or in excess of,
its jurisdiction.
(b) Whether the department has proceeded in the manner required by
law.
(c) Whether the decision is supported by the findings.
(d) Whether the findings are supported by substantial evidence in
the light of the whole record.
(e) Whether 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.

23085. In appeals where the board finds that 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, it may enter an order remanding the matter to
the department for reconsideration in the light of such evidence. In
all other appeals the board shall enter an order either affirming or
reversing the decision of the department. When the order reverses the
decision of the department, the board may direct the reconsideration
of the matter in the light of its order and may direct the
department to take such further action as is specially enjoined upon
it by law, but the order shall not limit or control in any way the
discretion vested by law in the department.

23086. In all cases, the board shall enter its order within 60 days
after the filing of an appeal.

23087. Whenever any matter is pending before the board or a court
of record involving a dispute between the department and a licensee,
petitioner or protestant and the parties to such a dispute agree upon
a settlement or adjustment thereof, the tribunal shall upon the
stipulation by the parties that such an agreement has been reached,
remand the matter to the department.

23088. Each order of the board on appeal from a decision of the
department shall be in writing and shall be filed by delivering
copies to the parties personally or by mailing copies to them by
certified mail. Each such order shall become final upon being filed
as provided herein, and there shall be no reconsideration or
rehearing by the board.

23089. Final orders of the board may be reviewed by the courts
specified in Article 5 (commencing with Section 23090) of this
chapter within the time and in the manner therein specified and not
otherwise.