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Business and Professions Code - BPC - BPC § 23084
Business and Professions Code - BPC - BPC § 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 supp
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Business and Professions Code - BPC - BPC § 23085
Business and Professions Code - BPC - BPC § 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 re
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Business and Professions Code - BPC - BPC § 23086
Business and Professions Code - BPC - BPC § 23086
In all cases, the board shall enter its order within 60 days after the appeal is submitted for decision.
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Business and Professions Code - BPC - BPC § 23087
Business and Professions Code - BPC - BPC § 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
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Business and Professions Code - BPC - BPC § 23088
Business and Professions Code - BPC - BPC § 23088
An 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 electronically or by mailing copies to them by certified mail. An order shall become final upon being filed as provided herei
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Business and Professions Code - BPC - BPC § 23089
Business and Professions Code - BPC - BPC § 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.
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Business and Professions Code - BPC - BPC § 23090
Business and Professions Code - BPC - BPC § 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 ord
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Business and Professions Code - BPC - BPC § 23090.1
Business and Professions Code - BPC - BPC § 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 introduc
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Business and Professions Code - BPC - BPC § 23090.2
Business and Professions Code - BPC - BPC § 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 b
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Business and Professions Code - BPC - BPC § 23090.3
Business and Professions Code - BPC - BPC § 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 act
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Business and Professions Code - BPC - BPC § 23090.4
Business and Professions Code - BPC - BPC § 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 eac
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Business and Professions Code - BPC - BPC § 23090.5
Business and Professions Code - BPC - BPC § 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
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Business and Professions Code - BPC - BPC § 23090.6
Business and Professions Code - BPC - BPC § 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
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Business and Professions Code - BPC - BPC § 23090.7
Business and Professions Code - BPC - BPC § 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.
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Business and Professions Code - BPC - BPC § 23095
Business and Professions Code - BPC - BPC § 23095
(a) Whenever a decision of the department suspending a license becomes final, whether by failure of the licensee to appeal the decision or by exhaustion of all appeals and judicial review, the licensee may, before the operative date of the suspension, petition the department for
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Business and Professions Code - BPC - BPC § 23096
Business and Professions Code - BPC - BPC § 23096
The moneys derived from a payment in compromise under Section 23095 shall be paid to the State Treasury for deposit in the Alcohol Beverage Control Fund. Upon such payment, the department shall enter its further order permanently staying the imposition of the suspension.
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Business and Professions Code - BPC - BPC § 23097
Business and Professions Code - BPC - BPC § 23097
In connection with any such petition, the authority of the department is limited to the granting of such stays as are necessary for it to complete its investigation and make its findings and, if it makes such findings, to the granting of an order permanently staying the impositio
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Business and Professions Code - BPC - BPC § 23098
Business and Professions Code - BPC - BPC § 23098
If the department does not make the findings required in Section 23095, and does not order the suspension permanently stayed, the suspension shall go into effect on the operative date finally set by the department.
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Business and Professions Code - BPC - BPC § 2310
Business and Professions Code - BPC - BPC § 2310
(a) If a physician and surgeon possesses a license or is otherwise authorized to practice medicine (1) in any state other than California or (2) by any agency of the federal government and that license or authority is suspended or revoked outright and is reported to the National
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Business and Professions Code - BPC - BPC § 23100
Business and Professions Code - BPC - BPC § 23100
Any person in possession of a stock of lawfully acquired alcoholic beverages following the revocation of, suspension of, voluntary surrender of, or failure to renew, the license may sell the stock, under supervision of the department in the manner as the department by rule provid
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Business and Professions Code - BPC - BPC § 23101
Business and Professions Code - BPC - BPC § 23101
Any bank, trust company, or financial institution owning or possessing alcoholic beverages or warehouse receipts therefor as security for an obligation or as a result of enforcement of a security interest may, after permission has been given by the department, sell the alcoholic
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Business and Professions Code - BPC - BPC § 23102
Business and Professions Code - BPC - BPC § 23102
(a) On the death, insolvency or incompetency to act of a natural person who is a licensee, the privileges of the license may be exercised by a competent surviving colicensee for thirty (30) days or until an administrator, executor, guardian, conservator, receiver, trustee or assi
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Business and Professions Code - BPC - BPC § 23104
Business and Professions Code - BPC - BPC § 23104
Any insurer may, or any common carrier acting as an insurer for losses to persons shipping alcoholic beverages may, after permission has been granted by the department, take possession of and sell any alcoholic beverages the containers of which have been damaged by fire or otherw
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Business and Professions Code - BPC - BPC § 23104.1
Business and Professions Code - BPC - BPC § 23104.1
A retailer may return wine to the seller or to the successor of the seller and the seller or his or her successor may accept the return thereof, except that the seller or his or her successor may not sell wine to the retailer for a period of one year after the date the returned w
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Business and Professions Code - BPC - BPC § 23104.2
Business and Professions Code - BPC - BPC § 23104.2
(a) Subject to the exceptions specified in subdivision (b), a retail licensee may return beer to the wholesaler or manufacturer from whom the retail licensee purchased the beer, or any successor thereto, and the wholesaler, manufacturer, or successor thereto may accept that retur