Section 874.6 - Review of Decision(a) Within 30 days after service of a copy of a decision issued by the independent hearing officer, a party to the action, or a person appearing at the hearing and served with a copy of the decision, may file a petition for writ of mandate for review of the decision with a court of appeal. (1) The filing of a petition for writ of mandate shall not stay any corrective action required pursuant to the Act or the accrual of any penalties assessed pursuant to the Act and does not prohibit the court from granting any appropriate relief within its jurisdiction.(2) Any person who fails to file the petition within the 30-day period may not challenge the reasonableness or validity of a decision or order of the independent hearing officer in any judicial proceedings brought to enforce the decision or order or for other remedies.(b) Except as otherwise provided in this article, Section 1094.5 of the Code of Civil Procedure shall govern any proceedings conducted pursuant to this section.(c) In all proceedings pursuant to this subchapter, the court shall uphold the decision of the independent hearing officer if the decision is based upon substantial evidence in the whole record.Cal. Code Regs. Tit. 14, § 874.6
1. New section filed 3-13-98; operative 4-12-98 (Register 98, No. 11). Note: Authority cited: Section 8670.68, Government Code. Reference: Section 8670.68, Government Code; and Section 1094.5, Code of Civil Procedure.
1. New section filed 3-13-98; operative 4-12-98 (Register 98, No. 11).