Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) At least 10 days prior to the hearing, the Board shall give public notice as follows:
(1) Mailing the notice to the lead agency, the supervisor, and to the appellant;
(2) Mailing the notice to any person who requests notice of the appeal or hearing;
(3) Mailing the notice to the Board's regular mailing list; and
(4) Posting of the notice in a place where notices are customarily placed within the jurisdiction of the lead agency.
(b) The notice of hearing shall include the following:
(1) The name of the appellant;
(2) Identification of the proposed reclamation plan or plan amendment, a brief description of the location of the surface mining operation for which the reclamation plan or plan amendment was prepared by reference to any commonly known landmarks in the area, and a simple location map indicating the general location of the operation;
(3) A statement that the appellant has appealed the lead agency's decision to deny approval of the reclamation plan or plan amendment, or that the lead agency is being challenged based on failure to act according to due process, or that the lead agency is being challenged based on failure to act within a reasonable period of time;
(4) A statement explaining that the Board may approve or deny approval of the reclamation plan or plan amendment, and that if the reclamation plan or plan amendment is denied approval, it shall be returned to the operator who then must revise it and resubmit the revised plan to the lead agency within 30 days of receipt from the Board;
(5) A statement inviting the appellant, the lead agency, and the public to make statements at the hearing regarding the action (or inaction) of the lead agency;
(6) A statement inviting the supervisor to provide comments on the adequacy of the proposed reclamation plan or plan amendment whether or not the supervisor had previously provided comments to the lead agency pursuant to PRC Section 2772.1; and
(7) The time, date, and location of the public hearing.
1. New section filed 1-3-89; operative 2-2-89 (Register 89, No. 2).
2. Amendment of subsection (a) filed 10-1-2002; operative 10-31-2002 (Register 2002, No. 40).
3. Amendment of section and NOTE filed 3-10-2021; operative 7-1-2021 (Register 2021, No. 11). Transmission deadline specified in Government Code section 11346.4(b) 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: Sections 2755, 2759 and 2770, Public Resources Code. Reference: Section 2770(e), Public Resources Code.
