Chapter 2.84
JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS
Sections:
2.84.010 Method of obtaining judicial review.
2.84.030 Preparation of record of proceedings.
2.84.040 Effect of request for record.
2.84.060 County to provide notice of time limit.
2.84.070 Authority for chapter.
2.84.010 Method of obtaining judicial review.
Judicial review of any decision of the county, or of any commission, board, officer or agent thereof, may be had pursuant to Code of Civil Procedure 1094.5 only if the petition for writ of mandate pursuant to such section is filed within the time limits specified in this section. (Ord. 832 §1(part), 1981).
2.84.020 Time for filing.
Any such petition shall be filed not later than the ninetieth day following the date on which the decision becomes final. A decision shall be deemed final when announced by the board, commission, officer, or agent, unless findings other than those adopted at the time the decision is announced and included in the decision are directed to be prepared, in which case the decision shall be deemed final when said additional findings are adopted. (Ord. 832 §1(part), 1981).
2.84.030 Preparation of record of proceedings.
The complete record of the proceedings shall be prepared by the county or its commission, board, officer, or agent which made the decision and shall be delivered to the petitioner within ninety days after he has filed a written request therefor. The county 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 county or its commission, board, officer, or agent, all written evidence, and any other papers in the case. (Ord. 832 §1(part), 1981).
2.84.040 Effect of request for record.
If the petitioner files a request for the record as specified in Section 2.84.030 within ten days after the date the decision becomes final as provided in Section 2.84.020, the time within which a petition pursuant to Code of Civil Procedure 1094.5 may be filed shall be extended to not later than the thirtieth 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. (Ord. 832 §1(part), 1981).
2.84.050 Decision defined.
As used in this chapter, “decision” means adjudicatory administrative decision made, after hearing, suspending, demoting or dismissing an officer or employee, revoking or denying an application for a permit or a license, denying an application for a permit or a license, denying an application for any retirement benefit or allowance, or any other decision to which the review provided by Code of Civil Procedure 1094.5 applies. (Ord. 832 §1(part), 1981).
2.84.060 County to provide notice of time limit.
In making a final decision as defined in Section 2.84.050, the county 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 section, “party” means an officer or employee who has been suspended, demoted or dismissed; a person whose permit or license has been revoked or whose application for a permit or license has been denied; or a person whose application for a retirement benefit or allowance has been denied. (Ord. 832 §1(part), 1981).
2.84.070 Authority for chapter.
The provisions of this chapter are adopted pursuant to the authority granted by Code of Civil Procedure 1094.6 and shall prevail over any conflicting provision of any other applicable state or local law unless said conflicting provision provides for a shorter period in which to file for judicial review, in which case the provision granting the shorter period shall apply. (Ord. 832 §1(part), 1981).