SECTIONS 45040-45042 - California Statutes

PUBLIC RESOURCES CODE

SECTION 45040-45042

45040. (a) Within 30 days from the date of service of a copy of a
decision or order issued by the board pursuant to Section 45031 or
45032, any aggrieved party may file with the superior court a
petition for a writ of mandate for review thereof.
(b) (1) The filing of a petition for writ of mandate shall not
stay any enforcement action taken or the accrual of any penalties
assessed, pursuant to this part or Part 5 (commencing with Section
45000).
(2) Paragraph (1) shall not prohibit the court from granting any
appropriate relief within its jurisdiction.

45041. The evidence before the court shall consist of the records
before the hearing panel or hearing officer and the board, if any,
including the enforcement agency's records, and any other relevant
evidence that, in the judgment of the court, should be considered to
effectuate and implement the policies of this division.

45042. Except as otherwise provided in this chapter, Section 1094.5
of the Code of Civil Procedure shall govern proceedings pursuant to
this article.