SECTIONS 23090-23090.7 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 23090-23090.7

23090. Any person affected by a final order of the board, including
the department, may, within the time limit specified in this
section, apply to the Supreme Court or to the court of appeal for the
appellate district in which the proceeding arose, for a writ of
review of such final order. The application for writ of review shall
be made within 30 days after filing of the final order of the board.

23090.1. The writ of review shall be made returnable at a time and
place then or thereafter specified by court order and shall direct
the board to certify the whole record of the department in the case
to the court within the time specified. No new or additional evidence
shall be introduced in such court, but the cause shall be heard on
the whole record of the department as certified to by the board.

23090.2. 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.

23090.3. The findings and conclusions of the department on
questions of fact are conclusive and final and are not subject to
review. Such questions of fact shall include ultimate facts and the
findings and conclusions of the department. The board, the
department, and each party to the action or proceeding before the
board shall have the right to appear in the review proceeding.
Following the hearing, the court shall enter judgment either
affirming or reversing the decision of the department, or the court
may remand the case for further proceedings before or reconsideration
by the department.

23090.4. The provisions of the Code of Civil Procedure relating to
writs of review shall, insofar as applicable, apply to proceedings in
the courts as provided by this article. A copy of every pleading
filed pursuant to this article shall be served on the board, the
department, and on each party who entered an appearance before the
board.

23090.5. No court of this state, except the Supreme Court and the
courts of appeal to the extent specified in this article, shall have
jurisdiction to review, affirm, reverse, correct, or annul any order,
rule, or decision of the department or to suspend, stay, or delay
the operation or execution thereof, or to restrain, enjoin, or
interfere with the department in the performance of its duties, but a
writ of mandate shall lie from the Supreme Court or the courts of
appeal in any proper case.

23090.6. The filing of a petition for, or the pendency of, a writ
of review shall not of itself stay or suspend the operation of any
order, rule, or decision of the department, but the court before
which the petition is filed may stay or suspend, in whole or in part,
the operation of the order, rule, or decision of the department
subject to review, upon the terms and conditions which it by order
directs.

23090.7. No decision of the department which has been appealed to
the board and no final order of the board shall become effective
during the period in which application may be made for a writ of
review, as provided by Section 23090.