Current through the 2022 Legislative Session.
Section 1757.1 - Standard of review in proceeding not subject to section 1757(a) In any proceeding other than a proceeding subject to the standard of review under Section 1757, 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 order or decision of the commission was an abuse of discretion.(2) The commission has not proceeded in the manner required by law.(3) The commission acted without, or in excess of, its powers or jurisdiction.(4) The decision of the commission is not supported by the findings.(5) The order or decision was procured by fraud.(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) In reviewing decisions pertaining solely to water corporations, the review shall not be extended further than to determine whether the commission has regularly pursued its authority, including a determination whether the order or decision under review violates any right of the petitioner under the Constitution of the United States or this state.(c) No new or additional evidence shall be introduced upon review by the court. The findings and conclusions of the commission on findings of fact shall be final and shall not be subject to review except as provided in this article. The questions of fact shall include ultimate facts and findings and conclusions of the commission on reasonableness and discrimination.
Ca. Pub. Util. Code § 1757.1Added by Stats 2000 ch 953 (AB 1398), s 5, eff. 1/1/2001. See Stats 2000 ch 953 (AB 1398), s 6.