§ 1757. — 1757. (Repealed and added by Stats. 2000, Ch. 953, Sec. 3.)

California § 1757.

• Jurisdiction: California
• Code PUC: Public Utilities Code - PUC
• Div. 1.: DIVISION 1. REGULATION OF PUBLIC UTILITIES
• Part 1.: PART 1. PUBLIC UTILITIES ACT
• Ch. 9.: CHAPTER 9. Hearings and Judicial Review
• Art. 3.: ARTICLE 3. Judicial Review

Text

(a)
No new or additional evidence shall be introduced upon review by the court. In a complaint or enforcement proceeding, or in a ratemaking or licensing decision of specific application that is addressed to particular parties, the review by the court shall not extend further than to determine, on the basis of the entire record which shall be certified by the commission, whether any of the following occurred:
(1)
The commission acted without, or in excess of, its powers or jurisdiction.
(2)
The commission has not proceeded in the manner required by law.
(3)
The decision of the commission is not supported by the findings.
(4)
The findings in the decision of the commission are not supported by substantial evidence in light of the whole record.
(5)
The order or decision of the commission was procured by fraud or was an abuse of discretion.
(6)
The order or decision of the commission violates any right of the petitioner under the Constitution of the United States or the California Constitution.
(b)
Nothing in this section shall be construed to permit the court to hold a trial de novo, to take evidence other than as specified by the California Rules of Court, or to exercise its independent judgment on the evidence.
(c)
Notwithstanding subdivision (a), the standard of review in this section shall not apply to ratemaking or licensing decisions of specific application addressed solely to water corporations.

Legislative History

Repealed and added by Stats. 2000, Ch. 953, Sec. 3. Effective January 1, 2001.