County of San Diego v. Barona TGA
Department of Alcoholic Beverage Control did not proceed in a manner contrary to law or in excess of its jurisdiction when it directed an administrative law judge, who was not a judge with the Office of Administrative Hearings, to hear and decide protests against casino’s liquor license application because Business and Professions Code Sec. 24210 authorized the department to employ its own administrative law judges for the purpose of conducting all hearings under the Alcoholic Beverage Control Act. Administrative law judge, who had made prior ruling on matter, was not required to unilaterally disqualify himself from hearing the matter by Government Code 11425.40 absent further evidence of bias, prejudice or interest, or that the administrative law judge “has in any capacity expressed a view on, a legal, factual, or policy issue presented in the proceeding.”
County of San Diego v. Alcoholic Beverage Control Appeals Board (Barona Tribal Gaming Authority)
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