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.
AdministrationJudicial Review
Section § 23090
If someone is affected by the final decision of a board, whether it's an individual or the department itself, they can ask the Supreme Court or the court of appeal to review that decision. They need to do this within 30 days after the board's final decision is filed.
writ of review final order affected person
Section § 23090.1
If a court wants to review a case handled by the board, it will order the board to send all the records from the case to the court. The court will not accept any new evidence and will make its decision based on the existing records.
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.
writ of review court order board record certification
Section § 23090.2
This section says that when a court reviews a decision made by a department, the court is only looking at certain things. The court checks if the department acted within its legal limits and followed proper procedures. It also examines whether the department's decision is backed by their findings and if those findings are backed by strong evidence from the entire record. Lastly, the court considers whether any important evidence was excluded or couldn't have been presented during the department's hearing. However, the court is not allowed to conduct a new trial or reassess the evidence themselves.
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)CA Business & Professions Code § 23090.2(a) The department has proceeded without or in excess of its jurisdiction.
(b)CA Business & Professions Code § 23090.2(b) The department has proceeded in the manner required by law.
(c)CA Business & Professions Code § 23090.2(c) The decision of the department is supported by the findings.
(d)CA Business & Professions Code § 23090.2(d) The findings in the department’s decision are supported by substantial evidence in the light of the whole record.
(e)CA Business & Professions Code § 23090.2(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.
court review department jurisdiction legal procedures
Section § 23090.3
This law says that if the department makes a decision based on factual findings, those findings are final and cannot be reviewed anymore. However, anyone involved in the case, including the board and the department itself, can take part in the review process. After reviewing the case, the court can either agree with the department's decision, disagree with it, or send the case back to the department for further review or reconsideration.
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.
factual findings final decision review process
Section § 23090.4
This law says that when you're involved in legal review cases related to this article, the rules from the Code of Civil Procedure about review writs apply. Plus, you must give a copy of any legal documents you file to the board, the department, and anyone else who was part of the previous hearing with the board.
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.
writs of review Code of Civil Procedure pleadings
Section § 23090.5
This law explains that, generally, only the California Supreme Court and certain courts of appeal can review or alter decisions made by a specific state department. However, if there is an emergency decision made by this department, a superior court can step in to review it. This special review by the superior court is limited to emergencies and does not extend to other parts of the case or affect other legal processes.
(a)CA Business & Professions Code § 23090.5(a) Except as provided in subdivision (b), a court of this state, except the Supreme Court and the courts of appeal to the extent specified in this article, shall not 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.
(b)CA Business & Professions Code § 23090.5(b) Notwithstanding subdivision (a), a superior court shall have jurisdiction to review an emergency decision issued by
the department pursuant to Article 13 (commencing with Section 11460.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code, in the manner provided by Section 11460.80 of the Government Code. Review by a superior court pursuant to this subdivision shall not be construed as giving the superior court jurisdiction over any other matter or aspect of a case pending before the department. The decision of a superior court following review of the emergency decision shall not be considered by the department in connection with the adjudicative proceedings commenced as required by Section 11460.60 of the Government Code, or by the Alcoholic Beverage Control Appeals Board, court of appeal, or Supreme Court upon review of a final decision of the department.
jurisdiction emergency decision superior court review
Section § 23090.6
If someone challenges a decision made by a department by filing a special legal request called a 'writ of review', the decision doesn't automatically get put on hold. However, the court handling the case can decide to pause the decision if they think it's necessary, under certain terms.
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.
writ of review stay operation suspend decision
Section § 23090.7
This law section says that if someone appeals a decision made by the department to the board, that decision, and any final order from the board, won't take effect while there's still time to ask for a judicial review of the case.
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.
appealed decision board final order effective period
