Judicial Review - Appeals - Public Resources - CA

Section § 45040

This law says that if a person disagrees with a decision or order made by a board under certain sections, they have 30 days to ask a superior court for a review. This is done through a process called filing a petition for a "writ of mandate."

Filing this petition does not stop any enforcement actions or penalties from continuing or accruing. However, the court still has the power to provide relief if it sees fit.

(a) Within 30 days from the date of service of a copy of a decision or order issued by the board pursuant to Section 45031 or 45032, any aggrieved party may file with the superior court a petition for a writ of mandate for review thereof.

(b)

(1) The filing of a petition for writ of mandate shall not stay any enforcement action taken or the accrual of any penalties assessed, pursuant to this part or Part 5 (commencing with Section 45000).

(2) Paragraph (1) shall not prohibit the court from granting any appropriate relief within its jurisdiction.

writ of mandate petition for review superior court ...

Section § 45041

This law states that when a court reviews a case, it will consider the records from the initial hearing panel or officer, any records from the board, and any records from the enforcement agency. The court can also consider any other evidence it thinks is necessary to fulfill the goals of this division of law.

The evidence before the court shall consist of the records before the hearing panel or hearing officer and the board, if any, including the enforcement agency’s records, and any other relevant evidence that, in the judgment of the court, should be considered to effectuate and implement the policies of this division.

court evidence hearing records enforcement agency records ...

Section § 45042

This section states that unless specified otherwise in the chapter, any legal proceedings related to this article are to be handled according to the guidelines set out in Section 1094.5 of the Code of Civil Procedure.

Except as otherwise provided in this chapter, Section 1094.5 of the Code of Civil Procedure shall govern proceedings pursuant to this article.

governing proceedings legal proceedings Code of Civil Procedure ...