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 12 - Administrative Penalty Petition Procedures
Section 3910 - Hearing Procedures - Determination

Universal Citation: 14 CA Code of Regs 3910

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

(a) Following the public hearing, the Board shall determine:

(1) whether the alleged violations cited in the supervisor's order are supported by substantial evidence in light of the whole record before it; and,

(2) the action the Board should take to affirm, modify, or set aside, in whole or in part, the administrative penalty issued by the supervisor. The Board shall issue its own order upholding its determination.

(b) Modify means to change the administrative penalty from its original construction by the supervisor. The board may modify the administrative penalty, in whole or in part, by such measures as it deems appropriate which include, but are not limited to, increasing or decreasing the penalty amount, establishing compliance deadlines, and structuring a method for payment of the penalty.

(c) Notification of the Board's determination shall be made by certified mail or personal service to the petitioner, the lead agency, and the supervisor within 15 days following the regular business meeting of the Board at which the decision is made.

Note: Authority cited: Sections 2755 and 2774.2, Public Resources Code. Reference: Section 2774.2, Public Resources Code.

Note: Authority cited: Sections 2755 and 2774.2, Public Resources Code. Reference: Section 2774.2, Public Resources Code.

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