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 7 - Financial Assurance Cost Estimate Appeal Procedures
Section 3689 - Hearing Procedures - Sequence

Universal Citation: 14 CA Code of Regs 3689

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) Statements on behalf of the Division of Mine Reclamation and any other public agency or agencies exercising jurisdiction over the surface mining operation, if applicable;

(5) Statements on behalf of the public;

(6) Rebuttal on behalf of the appellant; and

(7) 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 to accept written statements in lieu of oral statements. Written statements shall be submitted to the Board at least 15 days prior to the hearing.

(d) The public hearing shall be recorded.

1. New section filed 12-12-91; operative 12-12-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 9).
2. New subsection (a)(4), subsection renumbering, amendment of subsection (c) and amendment of NOTE filed 11-7-2019; operative 1-1-2020 (Register 2019, No. 45).

Note: Authority cited: Sections 2755, 2759 and 2770, Public Resources Code. Reference: Section 2770, Public Resources Code.

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