Pursuant to the provisions of Section 1094.6 of the Code of
Civil Procedure, the provisions of said section are made applicable
to the decisions of the Board of retirement of the Sacramento County
employees retirement association, and to the decisions of all other
commissions, boards, officers and agents of the County of Sacramento,
except where a limitation of actions is otherwise provided by this
code or the zoning code of Sacramento County.
(SCC 421 § 1, 1980)
Judicial review of any decision subject to the provisions of
this chapter and Code of Civil Procedure, Section 1094.6 may be had
only if the petition for judicial review is filed within ninety days
after the decision becomes final; provided, that pursuant to the provisions
of Section 1094.6(d) of the Code of Civil Procedure, if the petitioner
files a request for the record within ten days after the date the
decision becomes final, the time within which a petition for judicial
review may be filed shall be extended to not later than the thirtieth
day following the date on which the record is either personally delivered
or mailed to the petitioner or his attorney of record, if he has one.
(SCC 421 § 1, 1980)
a.
As provided
in said Section 1094.6, any person who requests preparation of the
administrative record shall be responsible for payment of the actual
costs of transcribing or otherwise preparing the record. Actual costs
shall include, but not be limited to: the salary and fringe benefit
rates of pay by the County to personnel for time consumed in typing
a transcript and reproducing, assembling and compiling the transcript
and exhibits; the unit cost (including prorated rental) of equipment
utilized in reproduction; the cost of materials and supplies; and
the cost to the County of having a transcript typed when testimony
has been recorded by a court reporter. Each board, commission, officer,
employee or agent whose decision will be subject to the limitations
established by this chapter may, from time to time, by resolution
in the case of such boards and commissions and by written order in
the case of such officers, employees and agents, determine and promulgate
unit costs of preparing the record.
b.
Before
commencing preparation of a transcript or other record, the officer
or employee responsible for preparation shall estimate the actual
total cost. Preparation of the record shall not be commenced until
the person requesting preparation of the record has deposited the
full amount of the cost estimate.
c.
If the
deposit exceeds the actual cost, the difference shall be refunded.
If the actual cost exceeds the estimate, the difference shall be paid
when the record is delivered.
d.
The limitations of action period shall not be extended pursuant to the provisions of Section 1094.6(d) or Section 1.06.020 of this code, beyond ninety days after the decision becomes final, unless the petitioner deposits pursuant to the provisions of subsection (b) of this section, the estimated actual total cost of preparing the transcript within ten calendar days after he has been furnished with the written estimate of such cost.
(SCC 421 § 1, 1980)
Every written decision or notice thereof to which the provisions
of this chapter and Section 1094.6 of the Code of Civil Procedure
apply, shall refer to and be accompanied, by attachment, by a copy
of the provisions of this chapter.
(SCC 421 § 1, 1980)
