JUDICIAL REVIEW OF DRE

If a broker wishes to challenge the DRE’s imposition of discipline upon him or her, he or she may file a petition for writ of mandate in the Superior Court. This petition must be filed no later than thirty (30) days after the right to seek reconsideration expires. A broker need not file a request for reconsideration with the DRE before seeking judicial review of the DRE’s order; the broker may file a petition for writ of mandate immediately after the ruling, if he or she wishes.

When a writ of mandate is filed, the Superior Court exercises its independent judgment to see if substantial evidence in the administrative record supports the discipline imposed. When the broker is arguing that the penalty was too harsh, given the nature of the offense, the Superior Court asks whether the DRE abused its discretion. All DRE decisions come to the Superior Court with a strong presumption that they are correct. The burden of proof is upon the party wishing to overturn the DRE’s determination.

Share