California, United States of America
The following excerpt is from Bank of America v. State Water Resources Control Bd., 116 Cal.Rptr. 770, 42 Cal.App.3d 198 (Cal. App. 1974):
The scope of our review of the agency order and that of the trial court is identical. 'In a case wherein no limited trial de novo is authorized by law, however, the trial court itself exercises an essentially appellate function in that only errors of law appearing on the administrative record are subject to its cognizance. In such a case, therefore, the trial and appellate courts occupy identical positions with regard to the administrative record, and the function of the appellate court, like that of the trial court, is to determine whether that record is free from legal error.' (Merrill v. Dept. of Motor Vehicles (1969) 71 Cal.2d 907, 915--916, 80 Cal.Rptr. 89, 94, 458 P.2d 33, 38.)
Was There Substantial Evidence To Sustain Condition 11?
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