Section 71655 Of Article 5. Employment Protection System From California Government Code >> Title 8. >> Chapter 7. >> Article 5.
71655
. (a) An employee may challenge the decision of the
disciplining trial court, made pursuant to Section 71654, rejecting
or modifying the hearing officer's recommendation by filing a writ of
mandamus pursuant to Section 1094.5 of the Code of Civil Procedure
in the appropriate court, and such review by that court shall be
based on the entire record. If required by the writ procedure and if
not previously provided to the disciplined employee, the disciplining
court shall furnish a certified copy of the record of the proceeding
before the hearing officer to the disciplined employee or, if the
employee is represented, to the bargaining representative without
charge. In reviewing the disciplining trial court's rejection or
modification of the hearing officer's recommendation, the reviewing
court shall be bound by the hearing officer's material factual
findings that are supported by substantial evidence.
(b) The denial of due process or the imposition of a disciplinary
decision that by law requires a due process hearing without holding
the required hearing may be challenged by a petition for a writ of
mandate.