Upland Municipal Code Ch. 1.12 Review of Administrative Decisions

A.

1. Section 1094.6 of the California Code of Civil Procedure is made applicable as prescribing the time, manner and method by which a judicial review can be had of a decision made by the city.

2. Judicial review of any decision made by the city may be had pursuant to Section 1094.5 of the Code of Civil Procedure only if the petition for writ of mandate pursuant to section is filed within the time limit 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, charter, 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 city or its commission, board, officer, or agent which made the decision and shall be delivered to the petitioner within 90 days after he or she has filed a written request therefor. The city 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.

D. If the petitioner files a request for the record as specified in subsection C of this section within 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 Section 1094.5 of the Code of Civil Procedure 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 attorney of record, if he or she has one.

E. As used in this section, "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, or denying an application for any retirement benefit or allowance.

F. In making a final decision as defined in subsection E of this section, the city 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 subsection, "party" means an officer or employee who has been suspended, demoted or dismissed; a person whose permit or license has been denied; or a person whose application for a retirement benefit or allowance has been denied.

G. The provisions of this section shall prevail over any conflicting provision in any otherwise applicable law relating to the subject matter.

(Prior code § 1600)