California Public Resources Code

§ 3355

PRC § 3355 Effective Jan 1, 2011Div. 3 · Ch. 1 · Art. 6

Statute text

When an operator seeks judicial review of a decision of the director, including a decision following a hearing conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, the court shall hear the cause on the record before the director or an administrative law judge. New or additional evidence shall not be introduced in court. The court’s inquiry shall extend to whether the director acted without or in excess of jurisdiction, whether there was a fair hearing, and whether there is any prejudicial abuse of discretion. Abuse of discretion is established if the administrative proceeding has not been conducted in the manner required by law, the decision is not supported by the findings, or the findings are not supported by substantial evidence in light of the whole record.

Legislative history

Repealed and added by Stats. 2010, Ch. 264, Sec. 14. (AB 2453) Effective January 1, 2011.