§ 42854. — 42854. (Amended by Stats. 2012, Ch. 534, Sec. 10.)

California § 42854.

• Jurisdiction: California
• Code PRC: Public Resources Code - PRC
• Div. 30.: DIVISION 30. WASTE MANAGEMENT
• Part 3.: PART 3. STATE PROGRAMS
• Ch. 16.: CHAPTER 16. Waste Tires
• Art. 6.: ARTICLE 6. Administrative Enforcement

Text

(a)
Within 30 days after service of a copy of a decision issued by the director, a person so served may file with the superior court a petition for writ of mandate for review of the decision. 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 director in a judicial proceeding brought to enforce the decision or order or for other remedies.
(b)
Except as otherwise provided in this section, Section 1094.5 of the Code of Civil Procedure governs any proceedings conducted pursuant to this subdivision. In all proceedings pursuant to this subdivision, the court shall uphold the decision of the
director if the decision is based upon substantial evidence in the whole record.
(c)
The filing of a petition for writ of mandate does not stay any corrective action required pursuant to this chapter or the accrual of any penalties assessed pursuant to this chapter.
(d)
This section does not prohibit the court from granting any appropriate relief within its jurisdiction.

Legislative History

Amended by Stats. 2012, Ch. 534, Sec. 10. (AB 1647) Effective January 1, 2013.