MODOC COUNTY AIR POLLUTION CONTROL DISTRICT
RULE 5.11 - APPEAL OF DECISION
(Amended January 15, 1989)
- 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 thirty 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 thirty days of the request. Payment
of a fee not to exceed the cost of preparing such records must be made at the time of the request.
- Where the petitioner, within ten 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 five days after its delivery to him/her. 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.