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 3948 - Hearing Procedures - Determination

Following the public hearing, the Board shall determine whether, the alleged violations cited in the supervisor's order to comply issued by the supervisor, or the Board's order to comply issued by the Board, are supported by substantial evidence in light of the whole record. If the Board finds that the evidence in the record supports the issuance of the order to comply, the Board shall uphold the order to comply. The supervisor may agree to modify specific terms of the order to comply prior to the Board issuing its determination. If the Board finds that the evidence in the record does not substantially support the order, then the Board shall not uphold the order and shall notify the supervisor of the specific reasons for not upholding the supervisor's order. Notification of the Board's determination shall be made by certified mail or personal service to the appellant and the supervisor within 15 days following the regular business meeting of the Board at which the determination is made.

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.