40860-40865

HEALTH AND SAFETY CODE
SECTION 40860-40865




40860.  A hearing board shall announce its decision in writing.
Copies of the decision shall immediately be filed with its clerk and
mailed to all of the parties or their attorneys.



40861.  A hearing board may rehear a decision if a party petitions
for a rehearing within 10 days after a copy of the decision has been
mailed to him.


40862.  The decision of a hearing board shall include the reasons
for the decision.



40863.  The decision shall become effective upon filing, unless the
hearing board orders otherwise.



40864.  (a) Judicial review may be had of a decision of a hearing
board by filing a petition for a writ of mandate in accordance with
Section 1094.5 of the Code of Civil Procedure. Except as otherwise
provided in this section, any such petition shall be filed within 30
days after the decision has been mailed pursuant to Section 40860.
The right to petition shall not be affected by the failure to seek a
rehearing before the hearing board.
   (b) The complete record of the proceedings, or such parts thereof
as are designated by the petitioner, shall be prepared by the hearing
board and shall be delivered to the petitioner within 30 days after
a request therefor by him, upon payment of the fee specified in
Section 69950 of the Government Code for the transcript, the cost of
preparation of other portions of the record, and for certification
thereof.
   (c) The complete record includes the pleadings, all notices and
orders issued by the hearing board, any proposed decision by the
hearing board, the final decision, a transcript of all proceedings,
the exhibits admitted or rejected, the written evidence, and any
other papers in the case.
   (d) Where the petitioner, within 10 days after the last day on
which a rehearing can be ordered, requests the hearing board to
prepare all or any part of the record, the time within which a
petition may be filed shall be extended until five days after its
delivery to him. The hearing board may file with the court the
original of any document in the record in lieu of a copy thereof.




40865.  In any proceeding pursuant to Section 40864, the court shall
receive in evidence any order, rule, or regulation of the district
board, any transcript of the proceedings before the hearing board,
and such further evidence as the court, in its discretion, deems
proper.