California Code of Regulations
Title 14 - Natural Resources
Division 5 - San Francisco Bay Conservation and Development Commission
Chapter 14 - Marsh Development Permits Issued by Local Governments and Appeals Therefrom
Subchapter 2 - Appeals to the Commission of Local Marsh Development Authorizations
Article 2 - Appeal Procedures
Section 11450 - Determination to Consider Appeal

(a) Prior to hearing an appeal, the Commission shall determine whether the appeal does not raise any substantial issue regarding the development's conformity with the provisions of California Public Resources Code Sections 29000 through 29612 and the policies of the Suisun Marsh Protection Plan and the Bay Plan if no certified local protection program exists or, if a certified local protection program exists, with the provisions of the certified local protection program.

(b) The Commission shall determine whether the appeal does not raise any substantial issue only after the staff has presented a recommendation on the substantial issue question. Such recommendation shall ordinarily be made by oral report.

(c) Unless the Commission determines by a majority vote of those present and voting that the appeal does not raise any substantial issue, the Commission shall proceed to hear the appeal. If the Commission determines that the appeal does not raise any substantial issue, it shall dismiss the appeal.