TENTATIVE RULING: Petitioner's Writ of Mandate is DENIED.
A petition for writ of administrative mandate may be granted where there has been an abuse of discretion. Abuse of discretion is established, in a mandamus proceeding to inquire into the validity of a final administrative order, if the respondent has not proceeded in the manner required by law, if the decision is not supported by the findings, or if the findings are not supported by the evidence. (Code Civ. Proc., § 1094.5, subd. (b).)
Petitioner asserts that Respondent abused its discretion by failing to ensure an Administrative Law Judge ("ALJ") presided over the entire hearing. Government Code section 11512 provides "[a]n administrative appeal instituted by a firefighter under this chapter shall be conducted in conformance with rules and procedures adopted by the employing department or licensing or certifying agency that are in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2. (G
Hearing Date
July 26, 2018
Category
Civil - Unlimited
For full print and download access, please subscribe at https://www.trellis.law/.
TENTATIVE RULING: Petitioner's Writ of Mandate is DENIED.
A petition for writ of administrative mandate may be granted where there has been an abuse of discretion. Abuse of discretion is established, in a mandamus proceeding to inquire into the validity of a final administrative order, if the respondent has not proceeded in the manner required by law, if the decision is not supported by the findings, or if the findings are not supported by the evidence. (Code Civ. Proc., § 1094.5, subd. (b).)
Petitioner asserts that Respondent abused its discretion by failing to ensure an Administrative Law Judge ("ALJ") presided over the entire hearing. Government Code section 11512 provides "[a]n administrative appeal instituted by a firefighter under this chapter shall be conducted in conformance with rules and procedures adopted by the employing department or licensing or certifying agency that are in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2. (G