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 5 - Reclamation Plan Appeals
Section 3658 - Hearing Procedures-Sequence

Universal Citation: 14 CA Code of Regs 3658

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The public hearing shall normally proceed in the following manner:

(1) Identification of the record;

(2) Statements on behalf of the appellant;

(3) Statements on behalf of the lead agency;

(4) Statement on behalf of the supervisor;

(5) Statements on behalf of the public;

(6) Rebuttal on behalf of the appellant;

(7) Rebuttal on behalf of the lead agency;

(8) Rebuttal on behalf of the supervisor; and

(9) Motion to close the public hearing.

(b) Notwithstanding the above, the Chair or the Chair's designee (Board Member) for purposes of conducting the hearing may in the exercise of discretion, determine the order of the proceedings.

(c) The Chair or the Chair's designee (Board Member) shall have the authority to impose time limits upon statements and presentations and accept written statements in lieu of oral statements. Written statements (12 copies) must be submitted to the Board at least 10 days prior to the hearing.

(d) The public hearing shall be recorded.

1. New section filed 1-3-89; operative 2-2-89 (Register 89, No. 2).
2. Amendment of subsection (c) 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.

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