What is the burden of producing a complete administrative record in an administrative mandamus application?

California, United States of America


The following excerpt is from Prasad v. Cal. Unemployment Ins. Appeals Bd., H041590 (Cal. App. 2017):

A party asserting that an administrative finding is against the weight of the evidence should produce all the relevant evidence in the trial court, namely the complete administrative record. (Hothem v. City and County of San Francisco (1986) 186 Cal.App.3d 702, 705; cf. Fukuda, supra, 20 Cal.4th at p. 821, fn. 14 ["To satisfy his or her burden of production at the administrative mandamus hearing under section 1094.5, the employee need only produce a complete record of the administrative hearing"].) This burden may be discharged by the party properly requesting the agency that made the challenged decision to prepare the administrative record. (Frase v. Gourley (2000) 85 Cal.App.4th 762, 765; cf. Code Civ. Proc., 1094.6, subd. (c).) "[T]he cost of preparing the record shall be borne by the petitioner" unless otherwise provided by statute. (Code Civ. Proc., 1094.5, subd. (a); cf. 1094.6, subd. (c).)

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