§ 1094.6.Judicial Review of Local Agency Other Than School District
Title 1. Of Writs of Review, Mandate, and Prohibition · Chapter 2. Writ of Mandate · Last amended 1996 · Last verified July 29, 2026
Full Text of § 1094.6
Plain-English Summary
This section shortens the window for challenging decisions by local agencies — cities, counties, and other local bodies covered by the Government Code's definition, though not school districts. Where it applies, a petition for administrative mandamus under § 1094.5 must be filed no later than the 90th day after the local agency's decision becomes final. The statute spells out exactly when that finality clock starts: on the date the decision is announced if no reconsideration or written findings process exists; upon expiration of the reconsideration period, or the date reconsideration is denied, if reconsideration is available; or on the date the written decision or findings are mailed, if the agency issues those in writing.
The local agency has to prepare the complete record of proceedings and deliver it to the petitioner within 190 days of a written request — a long window reflecting how large some administrative records can be. That's precisely why the timing in subdivision (d) matters so much: if the petitioner requests the record within 10 days after the decision becomes final, the filing deadline stretches to the 30th day after the record is delivered or mailed, rather than staying locked to the original 90-day window. A petitioner who waits past that 10-day window to request the record doesn't get this extension.
Subdivision (e) defines exactly which decisions trigger this shortened deadline — suspending, demoting, or dismissing an officer or employee; revoking or denying a permit, license, or other entitlement; imposing a civil or administrative penalty, fine, charge, or cost; or denying a retirement benefit or allowance. When making one of these decisions, the agency has to tell the affected party that this shortened filing period applies. And under subdivision (g), this section generally overrides any conflicting limitations period elsewhere in the law, except that a shorter period set by other state or federal law still controls.
Frequently Asked Questions
How long do I have to challenge a local agency decision under § 1094.6?
Generally 90 days from the date the decision becomes final, though that deadline can extend to 30 days after you receive the administrative record if you request it within 10 days after the decision becomes final.
When does a local agency's decision become 'final' for purposes of this deadline?
It depends on the agency's own procedures: on the date of announcement if there's no reconsideration or written-findings process, upon expiration of the reconsideration period (or denial of reconsideration) if one exists, or on the date written findings are mailed if the agency issues those.
What kinds of local agency decisions does this shortened deadline cover?
Decisions suspending, demoting, or dismissing an officer or employee; revoking or denying a permit, license, or other entitlement; imposing a civil or administrative penalty, fine, charge, or cost; and denying a retirement benefit or allowance.
Does the local agency have to tell me about this shortened deadline?
Yes. Section 1094.6(f) requires the agency to provide notice, when making a covered final decision, that the time to seek judicial review is governed by this section.
Does a longer statute of limitations somewhere else in the law override this 90-day deadline?
No. Section 1094.6(g) says this section prevails over any conflicting provision, unless the conflicting provision is a state or federal law setting an even shorter deadline, which would then apply instead.
Amendment History
Amended by Stats. 1995, Ch. 898, Sec. 1. Effective January 1, 1996.