Final Rules (Amended 2022 09 19)_Rule 1 Corrected (1) - Flipbook - Page 101
APPENDIX C
(d) If the petitioner files a request for the record as specified in subdivision (c) within 10 days after the date
the decision becomes final as provided in subdivision (b), the time within which a petition pursuant to
Section 1094.5 may be filed shall be extended to not later than the 30th day following the date on which the
record is either personally delivered or mailed to the petitioner or his attorney of record, if he has one.
(e) As used in this section, decision means a decision subject to review pursuant to Section 1094.5,
suspending, demoting, or dismissing an officer or employee, revoking, denying an application for a permit,
license, or other entitlement, imposing a civil or administrative penalty, fine, charge, or cost, or denying an
application for any retirement benefit or allowance.
(f) In making a final decision as defined in subdivision
(e), the local agency shall provide notice to the party that the time within which judicial review must be sought
is governed by this section. As used in this subdivision, "party" means an officer or employee who has been
suspended, demoted or dismissed; a person whose permit, license, or other entitlement has been revoked or
suspended, or whose application for a permit, license, or other entitlement has been denied; or a person
whose application for a retirement benefit or allowance has been denied.
(g) This section shall prevail over any conflicting provision in any otherwise applicable law relating to the
subject matter, unless the conflicting provision is a state or federal law which provides a shorter statute of
limitations, in which case the shorter statute of limitations shall apply.
ยง 2028.010
WRITTEN DEPOSITIONS.
Any party may obtain discovery by taking a deposition by written questions instead of by oral examination.
Except as modified in this chapter, the procedures for taking oral depositions set forth in Chapters 9
(commencing with Section 2025.010) and 10 (commencing with Section 2026.010) apply to written
depositions.
