Final Rules (Amended 2022 09 19)_Rule 1 Corrected (1) - Flipbook - Page 99
APPENDIX C
shall be established if the court determines that the findings are not supported by the weight of the
evidence.
(e) Where the court finds that there is relevant evidence that, in the exercise of reasonable diligence,
could not have been produced or that was improperly excluded at the hearing before respondent, it may
enter judgment as provided in subdivision (f) remanding the case to be reconsidered in the light of that
evidence; or, in cases in which the court is authorized by law to exercise its independent judgment on the
evidence, the court may admit the evidence at the hearing on the writ without remanding the case.
(f) The court shall enter judgment either commanding respondent to set aside the order or decision, or
denying the writ. Where the judgment commands that the order or decision be set aside, it may order the
reconsideration of the case in light of the court's opinion and judgment and may order respondent to take
such further action as is specially enjoined upon it by law, but the judgment shall not limit or control in any
way the discretion legally vested in the respondent.
(g) Except as provided in subdivision (h), the court in which proceedings under this section are instituted
may stay the operation of the administrative order or decision pending the judgment of the court, or until the
filing of a notice of appeal from the judgment or until the expiration of the time for filing the notice, whichever
occurs first. However, no such stay shall be imposed or continued if the court is satisfied that it is against the
public interest. The application for the stay shall be accompanied by proof of service of a copy of the
application on the respondent. Service shall be made in the manner provided by Title 4.5 (commencing with
Section 405) of Part 2 or Chapter 5 (commencing with Section 1010) of Title 14 of Part 2. If an appeal is
taken from a denial of the writ, the order or decision of the agency shall not be stayed except upon the order
of the court to which the appeal is taken. However, in cases where a stay is in effect at the time of filing the
notice of appeal, the stay shall be continued by operation of law for a period of 20 days from the filing of the
notice. If an appeal is taken from the granting of the writ, the order or decision of the agency is stayed
pending the determination of the appeal unless the court to which the appeal is taken shall otherwise order.
Where any final administrative order or decision is the subject of proceedings under this section, if the
petition shall have been filed while the penalty imposed is in full force and effect, the determination shall not
be considered to have become moot in cases where the penalty imposed by the administrative agency has
been completed or complied with during the pendency of the proceedings.
(h) (1) The court in which proceedings under this section are instituted may stay the operation of the
administrative order or decision of any licensed hospital or any state agency made after a hearing required
by statute to be conducted under the Administrative Procedure Act, as set forth in Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, conducted by the agency itself
or an administrative law judge on the staff of the Office of Administrative Hearings pending the judgment of
the court, or until the filing of a notice of appeal from the judgment or until the expiration of the time for filing
the notice, whichever occurs first. However, the stay shall not be imposed or continued unless
the court is satisfied that the public interest will not suffer and that the licensed hospital or agency is unlikely
to prevail ultimately on the merits. The application for the stay shall be accompanied by proof of service of a
copy of the application on the respondent. Service shall be made in the manner provided by Title 4.5
(commencing with Section 405) of Part 2 or Chapter 5 (commencing with Section 1010) of Title 14 of Part 2.
(2) The standard set forth in this subdivision for obtaining a stay shall apply to any administrative order or
decision of an agency that issues licenses pursuant to Division 2 (commencing with Section 500) of the
Business and Professions Code or pursuant to the Osteopathic Initiative Act or the Chiropractic Initiative
Act. With respect to orders or decisions of other state agencies, the standard in this subdivision shall apply
only when the agency has adopted the proposed decision of the administrative law judge in its entirety or
has adopted the proposed decision but reduced the proposed penalty pursuant to subdivision (c) of Section
11517 of the Government Code; otherwise the standard in subdivision (g) shall apply.
