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§ 3684. Administrative Record.

14 CA ADC § 3684Barclays 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 7. Financial Assurance Cost Estimate Appeal Procedures
14 CCR § 3684
§ 3684. Administrative Record.
Currentness
(a) Once the appellant has been notified that a determination has been made that an appeal is within the jurisdiction of the Board for purposes of hearing the appeal, the appellant shall submit 3 copies of the complete administrative record which the lead agency shall certify as being a complete record of the documents and information submitted to, and in the case of denial, considered by the lead agency regarding the appellant's financial assurance cost estimate. The certified administrative record shall include, but shall not be limited to, all of the following information:
(1) A copy of the approved reclamation plan for the mining operation and any permit conditions or California Environmental Quality Act mitigations which pertain to reclamation for which the financial assurances for reclamation are proposed;
(2) A copy of the documents comprising the financial assurance cost estimate or the proposed financial assurance cost estimate for reclamation which were submitted to the lead agency for review and approval pursuant to Public Resources Code section 2770;
(3) Location and site description maps submitted to the lead agency as part of the reclamation plan;
(4) A detailed estimate of the cost of the reclamation, in accordance with the approved reclamation plan, of the lands remaining disturbed and/or to be disturbed by the surface mining operation in the applicable 12 month period, together with a map clearly delineating the boundaries of those lands;
(5) All reports, findings, communications, correspondence and statements in the file of the lead agency relating to the financial assurance cost estimate for reclamation in question;
(6) Written transcripts of all public hearings related to the lead agency's review of the financial assurance cost estimate.
(b) Failure of the appellant to request the certified administrative record from the lead agency within 15 days of receiving the notice stating the Board's acceptance of the appeal, shall be grounds for dismissal of the appeal. Where the appellant received the certified administrative record prior to receipt of the Board's acceptance of the appeal, the appellant shall submit the certified administrative record within 10 days of receipt of the determination of jurisdiction. Where the appellant receives the certified administrative record within 15 working days after requesting it or other agreed upon date with the lead agency, the appellant shall submit the certified administrative record to the Board within 10 days of receipt. In any case, the appellant shall advise the Board of the date upon which the certified administrative record was requested from the lead agency.
(c) If the appellant is unable to obtain the certified administrative record from the lead agency within 10 working days after submission of the request for the record, the appellant shall so notify the Board in writing. The Board shall then require the lead agency to submit 3 certified copies of the administrative record to the Board within 30 days.
(d) Failure of the lead agency to produce the certified administrative record upon request of the Board within 30 days shall be grounds for Board action based on information provided solely by the appellant.
(e) Following production of the certified administrative record by the lead agency, failure of the appellant to produce the administrative record upon the request of the Board within 15 days shall be grounds for dismissal of the appeal.

Credits

Note: Authority cited: Sections 2755, 2759 and 2770, Public Resources Code. Reference: Section 2700, Public Resources Code.
History
1. New section filed 12-12-91; operative 12-12-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 9).
2. Amendment of section and Note filed 11-7-2019; operative 1-1-2020 (Register 2019, No. 45).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 14, § 3684, 14 CA ADC § 3684
End of Document