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 3941 - Determination of Jurisdiction
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The Chair of the Board, or the Chair's designee, shall determine whether, based on the information required by Section 3940.5 of this article, the appeal of the order to comply is within the jurisdiction of the Board for the purposes of hearing the appeal and determine whether the appeal raises substantial issues related to the validity of the allegations contained in the order to comply. If the Chair or the Chair's designee finds based on the criteria listed in (1) and (2) below, that the appeal raises no substantial issues with respect to the allegations supporting the order to comply, or has not been filed within statutory time limits, then no hearing shall be scheduled and the appeal shall be denied. In making this determination, the Chair, or the Chair's designee, shall consider the following:
(b) The Chair of the Board or Chair's designee shall make such a determination within 15 days of receipt of an appeal of an order to comply. The Board shall notify the appellant and the supervisor of its determination by certified mail or personal service.
1. New section filed 10-1-2002; operative 10-31-2002 (Register 2002, No. 40).
2. Amendment 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.
