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 3942 - Administrative Record
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
The administrative record shall consist of the information that was before the supervisor for an order to comply issued by the supervisor, or before the Board for an order to comply issued by the Board, at the time the order to comply was issued and which comprised the basis for the order to comply. The information before the supervisor, or the Board, shall consist of but may not be limited to the following:
(a) The name and address of the surface mining operator and the name and address of the designated agent for the service of process pursuant to Public Resources Code 2207(a)(2);
(b) A general description of the surface mining operation;
(c) The information submitted pursuant to subdivisions (a)(1) and (a)(2) of Section 3940.5 of this Article;
(d) A description of the alleged violation(s) specifying which aspects of the mining operation's activities or operations are not in compliance with SMARA; and
(e) A time for achieving compliance that the supervisor, or the Board, has determined to be reasonable.
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.