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AB-1251 Civil procedure: writs of mandate.(2019-2020)

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Date Published: 04/04/2019 09:00 PM
AB1251:v98#DOCUMENT

Amended  IN  Assembly  April 04, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1251


Introduced by Assembly Member Santiago

February 21, 2019


An act to amend Section 1094.6 of the Code of Civil Procedure, relating to civil procedure.


LEGISLATIVE COUNSEL'S DIGEST


AB 1251, as amended, Santiago. Civil procedure: writs of mandate.
Existing law allows a petitioner to seek judicial review of certain decisions of local agencies by filing a writ of mandate. Under existing law, upon Upon a request by the petitioner, the local agency must prepare a complete record of the proceedings. The record must include, among other things, the final decision of the local agency. Existing law also requires the local agency to provide notice to the petitioner of the provisions of law governing the time within which judicial review of the final decision must be sought.
This bill would require the local agency to include the findings supporting the local agency’s final decision as part of the complete record of the proceedings. The This bill would also require the local agency to also provide notice to the petitioner of the local agency’s duty to prepare a complete record of the proceedings upon request by the petitioner.
By imposing new duties on local agencies, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1094.6 of the Code of Civil Procedure is amended to read:

1094.6.
 (a) Judicial review of any a decision of a local agency, other than a school district, as the term local agency is defined in Section 54951 of the Government Code, or of any a 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 The 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 that made the decision and shall be delivered to the petitioner within 190 days after he the petitioner has filed a written request therefor. for the record. The local agency may recover from the petitioner its actual costs for transcribing or otherwise preparing the record. Such The record shall include the transcript of the proceedings, all pleadings, all notices and orders, any proposed decision by a hearing officer, the final decision and findings supporting 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.
(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. the petitioner’s attorney.
(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 a retirement benefit or allowance.
(f) (1) In making a final decision as defined in subdivision (e), the local agency shall provide notice to the party of the following:
(A) That the time within which judicial review must be sought is governed by this section.
(B) The local agency’s duty to prepare a complete record of the proceedings pursuant to subdivision (c) of this section. (c).
(2) 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 a conflicting provision in any otherwise applicable of 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.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.