§ 1094.8.Issuance, Revocation, Suspension Or Denial of Permit Or Other Entitlement For Constitutionally Protected Expressive Conduct

Permits tied to First Amendment-protected expressive activity can lose their value if judicial review drags on, so this section builds a fast track into the ordinary mandate and administrative mandamus procedures. It applies to actions reviewing a public agency's issuance, revocation, suspension, or denial of a permit or entitlement for expressive conduct, and a public agency may choose to specifically designate which of its permits qualify by adopting an ordinance or resolution identifying them.

The procedure itself runs on a tight clock. Within five court days after a permit applicant gives written notice of intent to seek judicial review, the agency has to prepare, certify, and make the administrative record available. Whoever brings the action — the agency or the permit applicant — has to file and serve the petition within 21 calendar days of the agency's final decision, with the petition's title page carrying a prominent notice, in 18-point type, flagging that the case is subject to this expedited procedure.

From there, the court has to set a hearing within 25 calendar days of filing, the petitioner has to lodge the administrative record at least 10 calendar days before the hearing, and the court has to decide the case within 20 calendar days after submission or 50 calendar days after filing, whichever comes first. If the presiding judge anticipates the court can't meet these deadlines because of caseload or other factors, the judge can request a temporary judicial assignment to keep the case on schedule. The parties can also jointly agree to waive these time limits if they'd rather proceed at an ordinary pace.