California, United States of America
The following excerpt is from Gildsdorf v. Dep't of Motor Vehicles, E058683 (Cal. App. 2014):
Vehicle Code section 13559, subdivision (a) allows the licensee to file for review in the superior court if he is unsuccessful at the administrative hearing. In reviewing the matter, "If the court finds that the [D]epartment exceeded its constitutional or statutory authority, made an erroneous interpretation of the law, acted in an arbitrary and capricious manner, or made a determination which is not supported by the evidence in the record, the court may order the [D]epartment to rescind the order of suspension or revocation and return, or reissue a new license to, the person." (Ibid.) The "court is required to determine, based on its independent judgment, '"whether the weight of the evidence supported the administrative decision."' [Citation.]" (Lake, supra, 16 Cal.4th at pp. 456-457.) "The administrative findings come before the superior court with a 'strong presumption of correctness,' and the burden rests on the petitioner to establish administrative error. [Citation.]" (Hildebrand v. Department of Motor Vehicles (2007) 152 Cal.App.4th 1562, 1568.)
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