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§ 3651. Determination of Jurisdiction.

14 CA ADC § 3651Barclays Official California Code of Regulations

Barclays 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
14 CCR § 3651
§ 3651. Determination of Jurisdiction.
Currentness
(a) The Chair of the Board, or the Chair's designee (Board Member), shall determine whether the appeal is within the jurisdiction of the Board for purposes of hearing the appeal, and determine whether the appellant's challenge raises substantial issues related to the lead agency's review of reclamation plans or plan amendments submitted for surface mining operations pursuant to the provisions of PRC Section 2770. If the Chair finds, based upon the criteria stated in (1), (2), and (3) below, that the appeal raises no substantial issues with respect to the lead agency's review of reclamation plans submitted for surface mining operations pursuant to the provisions of PRC Section 2770, the Chair shall refuse to grant a hearing on the appeal. In making these determinations, the Chair shall consider the following:
(1) Whether the appeal raises any issues which can legally be addressed by the Board within the limits of PRC Section 2770(e); and
(2) Whether the appeal specifically relates to the lead agency's review of reclamation plans or plan amendments submitted for surface mining operations pursuant to the provisions of PRC Section 2770; and
(3) Whether the appellant exhausted all appeal remedies before the lead agency.

Credits

Note: Authority cited: Sections 2755, 2759 and 2770, Public Resources Code. Reference: Section 2770(e), Public Resources Code.
History
1. New section filed 1-3-89; operative 2-2-89 (Register 89, No. 2).
2. Change without regulatory effect amending first paragraph and subsection (a) filed 5-1-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 18).
3. Change without regulatory effect amending first paragraph and subsection (b) filed 8-9-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 32).
4. 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.
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 14, § 3651, 14 CA ADC § 3651
End of Document