Statute · California Public Resources Code

Cal. Pub. Res. Code § 21005 — Policy

Cal. Pub. Res. Code § 21005

Type
Statute
Source
California Public Resources Code
Jurisdiction
California
Date
1994-09-30
Current through
Nov 2, 2026 (California Legislative Counsel)

(a) The Legislature finds and declares that it is the policy of the state that noncompliance with the information disclosure provisions of this division which precludes relevant information from being presented to the public agency, or noncompliance with substantive requirements of this…

Citator

Cal. Pub. Res. Code § 21005 — Policy is in force in the current edition of the Code, and nothing recorded condemns it.

(a) The Legislature finds and declares that it is the policy of the state that noncompliance with the information disclosure provisions of this division which precludes relevant information from being presented to the public agency, or noncompliance with substantive requirements of this division, may constitute a prejudicial abuse of discretion within the meaning of Sections 21168 and 21168.5, regardless of whether a different outcome would have resulted if the public agency had complied with those provisions.

(b) It is the intent of the Legislature that, in undertaking judicial review pursuant to Sections 21168 and 21168.5, courts shall continue to follow the established principle that there is no presumption that error is prejudicial.

(c) It is further the intent of the Legislature that any court, which finds, or, in the process of reviewing a previous court finding, finds, that a public agency has taken an action without compliance with this division, shall specifically address each of the alleged grounds for noncompliance.