San Benito Foods v. Veneman

Opinion

MIHARA, J.

The only questions presented in this appeal are what the correct standard of proof is in an administrative proceeding involving a threatened suspension or revocation of a food processing license and what the correct standard of review is in the superior court when a writ of administrative mandamus is sought to overturn the administrative agency’s decision to impose a stayed suspension of such a license on condition that a sum of money be paid by the licensee. We conclude that the administrative agency correctly utilized the preponderance of the evidence standard of proof, but…