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 14 - Appeals of Orders to Comply with the Surface Mining and Reclamation Act of 1975
Section 3940.5 - Filing of an Appeal
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) An operator filing an appeal to the Board pursuant to Public Resources Code Section 2774.1(a)(3)(B) concerning the issuance of an order to comply from the supervisor of DMR, or from the Board, shall, within 30 days of the date of the service of the order to comply, file with the Board, the appeal and request for hearing. The appeal and request for hearing shall include items (1) through (3) below. Failure to submit all the following documents within the 30-day filing period will result in an incomplete filing and an automatic rejection of the appeal.
(b) A copy of the appeal and supporting document shall be mailed to the supervisor and the lead agency having jurisdiction over the mining operation.
1. New section filed 7-14-2021; operative 10-1-2021 (Register 2021, No. 29). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
Note: Authority cited: Section 2755, Public Resources Code. Reference: Section 2774.1, Public Resources Code.
