US Lawyer Database

Section 23095.

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 permission to make an offer in compromise, to be paid […]

Section 23096.

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. (Added by Stats. 1957, Ch. 2298.)

Section 23084.

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 supported by the findings. (d) Whether the findings are supported by […]

Section 23097.

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 imposition of the entire suspension or of […]

Section 23085.

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 reconsideration in the light of such evidence. In […]

Section 23098.

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. (Added by Stats. 1957, Ch. 2298.)

Section 23086.

23086. In all cases, the board shall enter its order within 60 days after the appeal is submitted for decision. (Amended by Stats. 2022, Ch. 294, Sec. 1. (AB 2921) Effective January 1, 2023.)

Section 23087.

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 parties that such an agreement has been […]

Section 23088.

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 herein, and there shall be […]

Section 23089.

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. (Added by Stats. 1967, Ch. 1525.)