(a) Judicial review of any decision of a local agency, other than school district, as the term local agency is defined in Section 54951 of the Government Code, or of any commission, board, officer or agent thereof, may be had pursuant to Section 1094.5 of this code only if the petition for writ of mandate pursuant to such section is filed within the time limits specified in this section.
§ 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
In one sentenceSection 1094.6 imposes a 90-day deadline, running from the date a covered local agency's decision becomes final, for filing a petition for administrative mandamus under § 1094.5, extends that deadline when the petitioner timely requests the administrative record, requires the agency to notify affected parties of this shortened limitations period, and generally overrides any longer limitations period found elsewhere in the law.
Full Text of § 1094.6
(b) Any such petition shall be filed not later than the 90th day following the date on which the decision becomes final. If there is no provision for reconsideration of the decision, or for a written decision or written findings supporting the decision, in any applicable provision of any statute, charter, or rule, for the purposes of this section, the decision is final on the date it is announced. If the decision is not announced at the close of the hearing, the date, time, and place of the announcement of the decision shall be announced at the hearing. If there is a provision for reconsideration, the decision is final for purposes of this section upon the expiration of the period during which such reconsideration can be sought; provided, that if reconsideration is sought pursuant to any such provision the decision is final for the purposes of this section on the date that reconsideration is rejected. If there is a provision for a written decision or written findings, the decision is final for purposes of this section upon the date it is mailed by first-class mail, postage prepaid, including a copy of the affidavit or certificate of mailing, to the party seeking the writ. Subdivision (a) of Section 1013 does not apply to extend the time, following deposit in the mail of the decision or findings, within which a petition shall be filed.
(c) 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. Such record shall include the transcript of the proceedings, all pleadings, all notices and orders, any proposed decision by a hearing officer, the final decision, all admitted exhibits, all rejected exhibits in the possession of the local agency or its commission, board, officer, or agent, all written evidence, and any other papers in the case.
(d) If the petitioner files a request for the record as specified in subdivision (c) within 10 days after the date the decision becomes final as provided in subdivision (b), the time within which a petition pursuant to Section 1094.5 may be filed shall be extended to not later than the 30th day following the date on which the record is either personally delivered or mailed to the petitioner or his attorney of record, if he has one.
(e) As used in this section, decision means a decision subject to review pursuant to Section 1094.5, suspending, demoting, or dismissing an officer or employee, revoking, denying an application for a permit, license, or other entitlement, imposing a civil or administrative penalty, fine, charge, or cost, or denying an application for any retirement benefit or allowance.
(f) In making a final decision as defined in subdivision (e), the local agency shall provide notice to the party that the time within which judicial review must be sought is governed by this section.
As used in this subdivision, "party" means an officer or employee who has been suspended, demoted or dismissed; a person whose permit, license, or other entitlement has been revoked or suspended, or whose application for a permit, license, or other entitlement has been denied; or a person whose application for a retirement benefit or allowance has been denied.
(g) This section shall prevail over any conflicting provision in any otherwise applicable law relating to the subject matter, unless the conflicting provision is a state or federal law which provides a shorter statute of limitations, in which case the shorter statute of limitations shall apply.
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.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
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