Rule 15 - Judicial Review
Effective December 4, 2017
Table of Contents for Rule 15
- Section 15.1 - Limitation of Actions
- Section 15.2 - Record
- Section 15.3 - No Revival
- Section 15.4 - Finality of Decision
Read next: Rule 16 - Adoption and Amendments of Rules
Section 15.1 - Limitation of Actions
- Except as otherwise provided herein, the provisions of California Code of Civil Procedure section 1094.6 or successor statute are hereby adopted, and any petition for review of an administrative decision of this Commission, or persons authorized to render such a decision, shall be filed within the time limits prescribed therein, or where a shorter time limitation is prescribed by state or federal law, within such shorter time limits. With respect to decisions issued following proceedings now pending or hereafter begun before the Commission, notice of the applicability of California Code of Civil Procedure section 1094.6 to judicial review of such decisions shall be given to the parties by the Commission in substantially the following form:
"The time within which judicial review of this decision must be sought is governed by California Code of Civil Procedure section 1094.6. Judicial review must be sought not later than the 90th day following the date on which this decision becomes final, except that where a shorter time limit is prescribed by state or federal law, such shorter time limit shall apply. The decision is final on the date that it is made."
- Except as otherwise provided herein, the time limits and other provisions of California Code of Civil Procedure section 1094.6 or successor statute are hereby made applicable to judicial review of any administrative decision of the Commission, or of any person authorized to render such a decision, issued prior to the effective date of this rule, provided that written notice of such application is given by the Commission to the parties in substantially the following form:
"By rule, the Sonoma County Civil Service Commission has made the time limits of California Code of Civil Procedure section 1094.6 applicable to judicial review of that Commission's decision dated in the matter of (insert title or description of administrative decision). Judicial review must be sought not later than the 90th day following the date of this notification, unless a conflicting provision of federal or state law establishes a shorter period for the filing of such action, in which case judicial review must be sought by such earlier date."
Section 15.2 - Record
- California Code of Civil Procedure sections 1094.6(c) and 1094.6(d) are expressly not adopted into these rules.
- The complete record of the proceedings shall be prepared by the Commission or its officer or agent after a request by any party to the proceeding and a deposit of the estimated cost of preparation. 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 part 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.
- If, within ten (10) days after the date the decision becomes final, the petitioner files a request for the record as specified in subdivision B and deposits an amount of money equal to the estimated cost of preparing the record, the time within which a petition pursuant to California Code of Civil procedure section 1094.5 may be filed shall be extended to not later than the thirtieth (30) day following the date on which the record is either personally delivered or mailed to the petitioner or his or her attorney of record, if he or she has one.
Section 15.3 - No Revival
This rule is not intended to revive, nor shall be deemed to revive, any cause of action which is barred by law or equity.
Section 15.4 - Finality of Decision
Unless otherwise provided by statute, ordinance, resolution or rule of this Commission, all administrative decisions shall be final and reviewable immediately upon adoption or rendering of such decision.