Imperial County Municipal Code Ch. 1.08 Judicial Review of Administrative Decisions

The provisions of Section 1094.6 of the Code of Civil Procedure shall be applicable to decisions of the board of supervisors and of any commission, board, officer, or agent of the county of Imperial.

(Prior code § 27200)

A. As used in this chapter "decision" means a decision subject to review pursuant to Section 1094.5 of the Code of Civil Procedure, suspending, demoting, or dismissing an officer or employee, revoking, or denying an application for a permit, license, or other entitlement, or denying an application for any retirement benefit or allowance.

B. As used in this chapter, "party" means an officer or employee who has been suspended, demoted or dismissed, a person whose permit or license has been revoked or whose application for a permit, license or other entitlement has been denied; or a person whose application for a retirement benefit or allowance has been denied.

(Prior code § 27201)

A. Judicia1 review of any decision of the county of Imperial, or of any commission, board, officer or agent of the county of Imperia1, may be had pursuant to Code of Civil Procedure Section 1094.5 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 ninetieth day following the date on which the decision becomes final. If there is no provision for reconsideration of the decision in any applicable provision of any statute, chapter, ordinance, or rule, for the purposes of this section, the decision is final on the date it is made. If there is such provision for reconsideration, the decision is final for the 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.

C. The complete record of the proceedings shall be prepared by the county of Imperial, or its commission, board, officer, or agent which made the decision and shall be delivered to the party requesting such record within ninety (90) days after he or she has filed a written request therefor. A request for the preparation of the record of the proceedings shall be filed with the person designated in the final decision. Such person shall, within ten (10) days of such request, notify the party of the estimated cost of the preparation of the requested record. The party requesting such record shall, within ten (10) days of such notification, deposit with the person designated in the decision an amount sufficient to cover the estimated cost. If during the preparation of the record it appears that additional costs will be incurred, the party requesting such record may be notified and, if requested, shall deposit such additional amounts before the record will be completed. If the cost of the preparation of the record exceeds the amount deposited, the party requesting such record shall pay this additional amount. If the amount deposited exceeds the cost, the difference shall be returned to the party requesting such record. Upon receiving the required deposit, the person designated in the decision shall promptly prepare such record in accordance with the request. 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 of Imperial, or its commission, board, officer, or agent, all written evidence, and any other papers in the case.

D. If the party files a request for the record as specified subsection C of this section within ten (10) days after the date the decision becomes final as provided in subsection B of this section, the time within which a petition pursuant to Code of Civil Procedure Section 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 party or his attorney of record, if he or she has one.

E. In making a final decision as defined in Section 27201, the county of Imperial shall provide notice to the party that the time within which judicial review must be sought is governed by this section. Upon giving notice of any decision subject to this section, the person responsible to issue such decision shall include in the decision a statement substantially as follows:

The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure Section 1094.6, which has been made applicable in the County of Imperial by the Codified Ordinances of the County of Imperial Section 27104. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the 90th day following the date on which this decision becomes final; however, if within 10 days after the decision becomes final a request for the record of the proceedings is filed and the required deposit in an amount sufficient to cover the estimated cost of preparation of such record is timely deposited, the time within which such petition may be filed in court is extended to not later than the 30th day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with:

___________ (name) ___________ (address of designated person)

(Prior code § 27202)