California CodesBusiness and Professions Code - BPCDivision 9 — Alcoholic BeveragesChapter 1.5 — AdministrationArticle 4 — Appeals From Decisions of the DepartmentSection 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 oral argument, the board shall schedule a date and time 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.
Notes
Requires the appeals board to decide an appeal on the department record and party briefs, schedule oral argument when any party requests it, and reject evidence outside the department proceeding record. Exempts the determination from the specified Government Code administrative-procedure chapter notwithstanding the cited general procedural statute.
Use as reference
Lexinter.net | California Code, Business and Professions Code - BPC § 23083 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-9/chapter-1-5/article-4/section-23083