Petitioner's Motion for Judgment on Writ of Mandate is denied. The Writ of Mandate is likewise denied.
Petitioner seeks a complete transcript of all of the proceedings held before the Agency in the matter of his termination appeal. Petitioner contends that the costs of preparing or transcribing the record is only a recoverable cost if the Respondent prevails. Thus, Petitioner contends that he is not required to pay the costs of the administrative record in advance.
CCP section 1094.6(c) provides, 'The complete record of the proceedings shall be prepared by the local agency or its commission, board, officer, or agent which made the decision and shall be delivered to the petitioner within 190 days after he has filed a written request therefor. The local agency may recover from the petitioner its actual costs for transcribing or otherwise preparing the record.'
There is no statute or case aw to support Petitioner's argument that the public agency must postpone recovering the cost
Hearing Date
September 11, 2020
Department
Truckee - Dept A - Main Courtroom
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Petitioner's Motion for Judgment on Writ of Mandate is denied. The Writ of Mandate is likewise denied.
Petitioner seeks a complete transcript of all of the proceedings held before the Agency in the matter of his termination appeal. Petitioner contends that the costs of preparing or transcribing the record is only a recoverable cost if the Respondent prevails. Thus, Petitioner contends that he is not required to pay the costs of the administrative record in advance.
CCP section 1094.6(c) provides, 'The complete record of the proceedings shall be prepared by the local agency or its commission, board, officer, or agent which made the decision and shall be delivered to the petitioner within 190 days after he has filed a written request therefor. The local agency may recover from the petitioner its actual costs for transcribing or otherwise preparing the record.'
There is no statute or case aw to support Petitioner's argument that the public agency must postpone recovering the cost