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 3816 - Hearing Procedures - Sequence

Universal Citation: 14 CA Code of Regs 3816

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The public hearing conducted before the Board shall normally proceed in the following manner; a local lead agency may conduct the hearing sequence according to its locally adopted procedures:

(1) Identification of the record;

(2) Statements on behalf of the supervisor;

(3) Statements on behalf of the lead agency;

(4) Statements on behalf of any other state or federal governmental entity holding an interest in a financial guarantee related to the mining operation;

(5) Statements on behalf of the operator;

(6) Statements on behalf of the public;

(7) Rebuttal on behalf of the supervisor;

(8) Rebuttal on behalf of the lead agency;

(9) Rebuttal on behalf of any other state or federal governmental entity holding an interest in a financial guarantee related to the mining operation;

(10) Rebuttal on behalf of the operator; and

(11) Motion to close the public hearing.

(b) Notwithstanding the above, the Chair or the Chair's designee for purposes of conducting the hearing may, in the exercise of discretion, determine the order of the proceedings.

(c) The Chair or the Chair's designee shall have the authority to impose time limits upon statements and presentations and accept written statements in lieu of oral statements. Written statements (12 copies) must be submitted to the Board at least 10 days prior to the hearing.

(d) The public hearing conducted before the Board or a lead agency shall be recorded.

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.

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