California Welfare and Institutions Code

§ 19709

WIC § 19709 Effective Jun 27, 2012Div. 10 · Part 2 · Ch. 7

Statute text

(a)The appellant, within six months after receiving notice of the impartial hearing officer’s final decision, may file a petition with the superior court, under Section 1094.5 of the Code of Civil Procedure, praying for a review of the entire proceedings in the matter, upon questions of law involved in the case. The review, if granted, shall be the exclusive remedy available to the appellant for review of the impartial hearing officer’s final decision. The department shall be the sole respondent in the proceedings.

(b)No filing fee shall be required for the filing of a petition pursuant to this section. Any of these petitions to the superior court shall be entitled to a preference in setting a date for hearing on the petition. No bond shall be required in the case of any petition for review, nor in any appeal therefrom. The appellant shall be entitled to reasonable attorney’s fees and costs, if he or she obtains a decision in his or her favor.

Legislative history

Amended by Stats. 2012, Ch. 47, Sec. 49. (SB 1041) Effective June 27, 2012. Operative July 27, 2012, by Sec. 59 of Ch. 47.