California Code of Regulations
Title 14 - Natural Resources
Division 2 - Department of Conservation
Chapter 8 - Mining and Geology
Subchapter 1 - State Mining and Geology Board
Article 11.5 - Forfeiture of Financial Assurance Mechanisms
Section 3812 - Public Hearing

The determination by the lead agency or the Board that a surface mine operator is financially incapable of reclaiming according to an approved reclamation plan, or that an operator has abandoned a mine site without completing reclamation, shall be made during a public hearing. The hearing may be conducted as part of a regularly scheduled business meeting of the lead agency, or may be held during a special meeting. Where the Board is the lead agency, the Board may delegate the hearing to a committee composed of not less than 2 Board members selected by the Board's Chair or the Chair's designee. The determination of the Board committee shall be reported to the full Board for its action at its next meeting. In cases where the Board committee conducts the hearing, and the financial assurance mechanism may lapse or expire before the full Board receives the committee's determination, the committee may take any immediate action necessary to secure full seizure of the financial assurance mechanism(s).

1. New section filed 10-3-2002; operative 11-2-2002 (Register 2002, No. 40).
2. Amendment filed 4-29-2021; operative 7-1-2021 (Register 2021, No. 18). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.

Note: Authority cited: Section 2755, Public Resources Code. Reference: Section 2773.1, Public Resources Code.