Cockshott

In this case, we hold that the statute of limitations governing the filing of a petition for administrative mandamus challenging a decision of the Board of Forestry and Fire Protection (the Board) is found in Public Resources Code section 4601.3.

Defendant Department of Forestry and Fire Protection (Department) filed an administrative complaint charging plaintiff Perry D. Cockshott, a licensed timber operator, with unlawfully cutting and removing trees without a timber harvesting plan in violation of the Z’Berg-Nejedly Forest Practice Act (the Act). (§§ 4511, 4581, 4601.1, & 4601.2.) The Department assessed a $2,000 civil penalty. Cockshott requested a hearing and an administrative law judge (ALJ) ruled in his favor. The Board overruled the ALJ’s proposed decision, and, on April 9, 2003, imposed a $1,000 penalty against Cockshott. The Board’s decision was served on Cockshott on April 11, 2003.

Cockshott made several requests to the Board for preparation of the administrative record, starting on May 2, 2003. The Board filed the administrative record with the Calaveras County Superior Court on July 28, 2003, after Cockshott paid the $19 fee. Cockshott filed his petition…