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§ 1094.6 CODE OF CIVIL PROCEDURE
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<br />date it is made. If there is such provision for reconsideration, the decision is
<br />final for the purposes of this section upon the expiration of the period
<br />during which such reconsideration can be sought; provided, that if reconsid-
<br />eration is sought pursuant to any such provision the decision is final for the
<br />purposes of this section on the date that reconsideration is rejected.
<br />(c) The complete record of the proceedings shall be prepared by the local
<br />agency or its commission, board, officer, or agent which made the decision
<br />and shall be delivered to the petitioner within 90 days after he has filed a
<br />written request therefor. The local agency may recover from the petitioner
<br />its actual costs for transcribing or otherwise preparing the record. Such
<br />record shall include the transcript of the proceedings, ali pleadings, all
<br />notices and. orders, any proposed decision by a hearing officer, the final
<br />decision, all admitted exhibits, all rejected exhibits in the possession of the
<br />local agency or its commission, board, officer, or agent, ali written evidence,
<br />and any other papers in the case.
<br /> (d) If the petitioner files a request for the record as specified in subdivision
<br /> (c) within 10 days after the date the decision becomes final as provided in
<br /> subdivision Co), the time within which a petition pursuant to Section 1094.5
<br /> may be filed shall be extended to not later than the 30th day following the
<br /> date on which the record is either personally delivered or mailed to the
<br /> petitioner or his attorney of record, if he has one.
<br /> (e) As used in this section, decision means adjudicatory administrative
<br /> decision made, after hearing, suspending, demoting, or dismissing an officer
<br /> or employee, revoking or denying an application for a permit or a license, or
<br /> denying an application for any retirement benefit or allowance.
<br /> (f) In making a final decision as defined in subdivision (e), the local agency
<br /> shall provide notice to the party that the time within which judicial review
<br /> must be sought is governed by this section.
<br /> As used in this subdivision, "party" means an officer or employee who has
<br /> been suspended, demoted or dismissed; a person whose permit or license has
<br /> been revoked or whose application for a permit or license has been denied;
<br /> or a person whose application for a retirement benefit or allowance has been
<br /> denied.
<br /> (g) This section shall be applicable in a local agency only if the governing
<br /> board thereof adopts an ordinance or resolution making this section applica-
<br /> ble. If such ordinance or resolution is adopted, the provisions of this section
<br /> shall prevail over any conflicting provision in any otherwise applicable law
<br /> relating to the subject matter.
<br /> Added Stat~ 1976 ch 276 § I.
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<br />§ 1095. [Award of damages: Recovery from public entity]
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<br />L In General
<br /> The ienerai provisions of Code Civ. Proc.,
<br />§ 1095, aliovAnl d~mage~ in mandamus actions,
<br />we~ no~ intended to prevail over the speci~,~
<br />immuniti~ ~-anted to publi~ entities and pub[~
<br />employees by Gov. Code, §9 818.4, 821.2. State v
<br />Superioe Court (1974) 12 C3d 23'/, I15 Cai Rptr
<br />497, 524 P2d 1281.
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<br />2. Dama~
<br /> The provisions of the Tort Claims Act, ~rnntin~
<br />immunily to pubii~ entities and empioyee~ foe
<br />discretionary acts in general (Oov. Code, 9§ 820.2,
<br />815.2, subd. Co)), ~nd fo~ lioemifll ~ctivit~ in
<br />pafliculu (Oov. Code, 9§ 821.2, 818.4,) take pr~o.
<br />edenoe ove~ II~ provisiom of Code Civ. Pro~.,
<br />§ 1095. providinl that if · pc·ilmne~ in a mandy-
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<br />CODE OF CIVIL PROCEDURE
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<br />mtm ~ctinn recovm judlment, he my ai~o
<br />corm' dam~m alain~t the public entity repre.
<br />~ted by th· olTIcm' a~nst whom the action il
<br />~wouShL O*Hllln v Bo~'d of Zonins Adju~tmem
<br />(1974) 38 CAM 722, 113 Cai Rptr ~01.
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<br /> Und~ Code Civ. Proc., § 109~, sove~nins re-
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<br />§ 1096. Service of the writ
<br />2 Cai Jut 3d Administrative Law § 32~.
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