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 3659 - Hearing Procedures-Determination

Following the public hearing, the Board shall determine whether, based on the record before it, the proposed reclamation plan or plan amendment substantially meets the requirements of PRC 2772, 2772.1, 2773, Article 1 (commencing with Section 3500), Article 9 (commencing with Section 3700), and the certified lead agency surface mining and reclamation ordinance, and the provisions of Section 3654 of this article. Notification of the Board's determination shall be made by certified mail to the appellant, the supervisor, and the lead agency within 15 days following the regular business meeting of the Board at which the decision is made. The Board shall also follow the provisions of PRC Section 2772.1(b)(7)(B) and provide the supervisor with an official copy of the approved reclamation plan or plan amendment. In cases where the reclamation plan or plan amendment is not approved, deficiencies shall be noted in the correspondence notifying the appellant, supervisor, and the lead agency of the Board's decision, and the operator shall be put on notice that deficiencies must be corrected, and a revised reclamation plan or plan amendment filed with the lead agency within 30 days.

1. New section filed 1-3-89; operative 2-2-89 (Register 89, No. 2).
2. 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: Sections 2770(e), 2772, 2773 and 2774, Public Resources Code.