LASSEN COUNTY AIR POLLUTION CONTROL DISTRICT
RULE 5:21 - APPEAL OF DECISION
- Judicial review may be had of a decision of the Hearing Board by filing a petition for a writ of mandate in
accordance with the provisions of the Code of Civil Procedure. Except as otherwise provided in this Rule, any such
petition shall be filed within 30 days after the decision has been mailed. The right to petition shall not be affected
by the failure to seek a rehearing before the Hearing Board.
- The complete record of the proceedings, or such parts thereof as are designated by the petitioner, shall be
prepared by the Hearing Board and shall be delivered to the petitioner within 30 days after a request by him, upon
payment of a fee not to exceed the cost of preparing such records.
- The complete record includes the pleading, all notices and orders issued by the Hearing Board, the final decision,
a transcript of all proceeding, the exhibits admitted or rejected, the written evidence and any other papers in
the case.
- Where the petitioner, within 10 days after the last day on which a rehearing can be ordered, requests the Hearing
Board to prepare all or any part of the record, the time within which a petition may be filed shall be extended
until five days after its delivery to him. The Hearing Board may file with the court the original of any document
in the record in lieu of a copy thereof.
- In any proceeding pursuant to this Rule, the court shall receive in evidence any order, rule, or regulation
of the district board, any transcript of the proceedings before the Hearing Board, and such further evidence as
the court, in its discretion, deems proper.