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§ 3940.5. Filing of an Appeal.


Barclays Official California Code of Regulations Currentness
Title 14. Natural Resources
Division 2. Department of Conservation
Chapter 8. Mining and Geology
Subchapter 1. State Mining and Geology Board
Article 14. Appeals of Orders to Comply with the Surface Mining and Reclamation Act of 1975
14 CCR § 3940.5
§ 3940.5. Filing of an Appeal.
(a) An operator filing an appeal to the Board pursuant to Public Resources Code Section 2774.1(a)(3)(B) concerning the issuance of an order to comply from the supervisor of DMR, or from the Board, shall, within 30 days of the date of the service of the order to comply, file with the Board, the appeal and request for hearing. The appeal and request for hearing shall include items (1) through (3) below. Failure to submit all the following documents within the 30-day filing period will result in an incomplete filing and an automatic rejection of the appeal.
(1) Written statements indicating the specific basis for the appellant's challenge of the order to comply;
(2) All documents and reports supporting the basis of the appeal;
(3) A written statement advising the Board of the name, address, and telephone number of the appellant's representative for the appeal, if any;
(b) A copy of the appeal and supporting document shall be mailed to the supervisor and the lead agency having jurisdiction over the mining operation.
Note: Authority cited: Section 2755, Public Resources Code. Reference: Section 2774.1, Public Resources Code.
1. New section filed 7-14-2021; operative 10-1-2021 (Register 2021, No. 29). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
This database is current through 5/6/22 Register 2022, No. 18
14 CCR § 3940.5, 14 CA ADC § 3940.5
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