Final Rules (Amended 2022 09 19)_Rule 1 Corrected (1) - Flipbook - Page 100
APPENDIX C
(3) If an appeal is taken from a denial of the writ, the order or decision of the hospital or agency shall not
be stayed except upon the order of the court to which the appeal is taken. However, in cases where a stay
is in effect at the time of filing the notice of appeal, the stay shall be continued by operation of law for a
period of 20 days from the filing of the notice. If an appeal is taken from the granting of the writ, the order or
decision of the hospital or agency is stayed pending the determination of the appeal unless the court to
which the appeal is taken shall otherwise order. Where any final administrative order or decision is the
subject of proceedings under this section, if the petition shall have been filed while the penalty imposed is in
full force and effect, the determination shall not be considered to have become moot in cases where the
penalty imposed by the administrative agency has been completed or complied with during the pendency of
the proceedings.
(i) Any administrative record received for filing by the clerk of the court may be disposed of as provided in
Sections 1952, 1952.2, and 1952.3.
(j) Effective January 1, 1996, this subdivision shall apply to state employees in State Bargaining Unit 5.
For purposes of this section, the court is not authorized to review any disciplinary decisions reached
pursuant to Section 19576.1 of the Government Code.
ยง 1094.6
JUDICIAL REVIEW TIME LIMITS.
SUMMARY: Law which allows an employee or local agency to seek judicial review of a decision made by
a local agency, commission, board or officer, regarding the suspension, demotion or dismissal of an
employee or officer, or the denial of application for any retirement benefit or allowance.
(a) Judicial review of any decision of a local agency, other than school district, as the term local agency is
defined in Section 54951 of the Government Code, or of any commission, board, officer or agent thereof,
may be had pursuant to Section 1094.5 of this code only if the petition for writ of mandate pursuant to such
section is filed within the time limits specified in this section.
(b) Any such petition shall be filed not later than the 90th day following the date on which the decision
becomes final. If there is no provision for reconsideration of the decision, or for a written decision or written
findings supporting the decision, in any applicable provision of any statute, charter, or rule, for the purposes
of this section, the decision is final on the date it is announced. If the decision is not announced at the close
of the hearing, the date, time, and place of the announcement of the decision shall be announced at the
hearing. If there is a provision for reconsideration, the decision is final for purposes of this section upon the
expiration of the period during which such reconsideration can be sought; provided, that if reconsideration is
sought pursuant to any such provision the decision is final for the purposes of this section on the date that
reconsideration is rejected. If there is a provision for a written decision or written findings, the decision is
final for purposes of this section upon the date it is mailed by first-class mail, postage prepaid, including a
copy of the affidavit or certificate of mailing, to the party seeking the writ. Subdivision (a) of Section 1013
does not apply to extend the time, following deposit in the mail of the decision or findings, within which a
petition shall be filed.
(c) The complete record of the proceedings shall be prepared by the local agency or its commission, board,
officer, or agent which made the decision and shall be delivered to the petitioner within 190 days after he
has filed a written request therefor. The local agency may recover from the petitioner its actual costs for
transcribing or otherwise preparing the record. Such record shall include the transcript of the proceedings,
all pleadings, all notices and orders, any proposed decision by a hearing officer, the final decision, all
admitted exhibits, all rejected exhibits in the possession of the local agency or its commission, board, officer,
or agent, all written evidence, and any other papers in the case.
