reglab/statecodes huggingface dataset:
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 1 - General Provisions › Article 3 - Boundary and Jurisdictional Questions › Section 10133 - Determination of Shoreline and Map Boundaries

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon written request, the Commission's
				  staff will furnish a description in words of the Commission's jurisdiction.
				  Upon written request and upon submission by any person of a map at an
				  appropriate scale and showing sufficient topographic data, the Commission's
				  staff will indicate upon such map or a copy thereof the location of the
				  Commission's jurisdiction or of any particular boundary in a particular area
				  represented by one or more of the San Francisco Bay Plan Maps.
(b) Upon written request from any person who
				  has obtained a map or description as provided in the preceding paragraph, the
				  Commission shall by resolution determine by map or in words the location of the
				  Commission's jurisdiction.
(c)
				  These maps or descriptions in words need not be based upon surveys performed
				  for the Commission, but may be based on any reliable sources
				  available.
1.
					 Renumbering and amendment of former section
					 10133 to section
					 10125, and new section
					 10133 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No.
					 48.
2. Amendment of subsection (a)(3) filed 4-18-90; operative
					 5-18-90 (Register 90, No. 18).
3. Amendment of subsection (a)(4) and
					 NOTE filed 5-24-96; operative 6-23-96 (Register 96, No. 21).
4.
					 Renumbering of former section
					 10133 to new section
					 10134 and renumbering of former
					 section 10132 to new section
					 10133 filed 9-19-96; operative
					 10-19-96 (Register 96, No. 38).
Note: Authority cited: Section
						66632(f),
						Government Code. Reference: Sections
						66602,
						66610 and
						66653,
						Government Code; and San Francisco Bay
						Plan.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 1 - General Provisions › Article 3 - Boundary and Jurisdictional Questions › Section 10134 - Determination of Permit Requirements for Subdivisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 15 days of receipt of a written
				  request, the Executive Director shall determine whether a proposed subdivision
				  or other division of land constitutes a substantial change in use requiring a
				  permit; provided that the request is accompanied by the following information:
(1) the name and address of all current
				  owners of the property;
(2) the
				  name and address of the person making the request;
(3) proof that the person making the request
				  has sufficient legal interest in the property as provided in Appendix F or is
				  an affected local government;
(4)
				  an accurate map at a scale reasonably sufficient to evaluate the project and
				  that shows (A) the existing and proposed parcel lines; (B) the topography of
				  the site; (C) the shoreline and the upland edge of the Commission's 100-foot
				  shoreline band jurisdiction; (D) existing structures, uses, and vegetation on
				  the site; and (E) public streets in the vicinity of the
				  property.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 2 - The Commission, the Staff, and the Advisory Review Boards › Article 1 - Regular Meetings › Section 10210 - Date and Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Commission shall ordinarily hold regular meetings on
					 the first and third Thursday of each month. The meetings shall begin at an hour
					 set by resolution of the Commission.
1. Repealer
					 of former Section
					 10210, and renumbering and
					 amendment of Section
					 10230 to Section
					 10210 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No.
					 29.
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Section
						66632,
						Government Code; and Section
						29520(a),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 2 - The Commission, the Staff, and the Advisory Review Boards › Article 1 - Regular Meetings › Section 10211 - Changes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Chair may change the starting time of any meeting if he
					 or she expects the meeting to be unusually long or if it conflicts with other
					 meetings. The Chair may also cancel or reschedule a regularly scheduled meeting
					 to the preceding day or the following day if it conflicts with a holiday or if
					 a quorum cannot be expected on the scheduled day.
1.
					 Renumbering and amendment of Section
					 10231 to new Section
					 10211 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No.
					 29.
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Section
						66632,
						Government Code; and Section
						29520(a),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 2 - The Commission, the Staff, and the Advisory Review Boards › Article 1 - Regular Meetings › Section 10212 - Notice of Changes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any changes in a regularly scheduled meeting time may be
					 made by giving notice thereof as provided in Section
					 10213 or as provided in Section
					 10231.
1.
					 Renumbering and amendment of Section
					 10233 to new Section
					 10212 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No.
					 29.
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Section
						11125,
						Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 2 - The Commission, the Staff, and the Advisory Review Boards › Article 1 - Regular Meetings › Section 10213 - Meeting Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Written notice of the time and place of a regularly
					 scheduled meeting and a preliminary agenda shall be mailed by first class mail
					 or sent by electronic mail, and shall also be made available on the
					 Commission's website, not less than ten (10) days before the
					 meeting.
1.
					 Renumbering and amendment of Section
					 10240 to new Section
					 10213 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Register 79, No.
					 29.
2. Amendment filed 8-2-2022; operative 10-1-2022 pursuant to
					 Government Code section
					 11343.4(a)
					 (Register 2022, No. 31). 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. Filing deadline specified
					 in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order
					 N-40-20.
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Section
						11125,
						Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 2 - The Commission, the Staff, and the Advisory Review Boards › Article 1 - Regular Meetings › Section 10214 - Who Shall Receive Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The notice shall be mailed or sent by electronic mail to
					 Commission members, to all parties to the proceedings on the agenda, to
					 interested organizations and individuals, to owners and residents of nearby
					 property identified by the applicant pursuant to Appendix D item 20, to any
					 person who requests the notice in writing, and to all agencies that have
					 jurisdiction by law with respect to any proposed activity that is listed in the
					 notice. The Executive Director may require each person requesting the notice to
					 provide the necessary number of self-addressed, stamped, four-inch by nine and
					 one-half inch envelopes for the purpose of mailing the notice or the person's
					 electronic mail address.
1.
					 Renumbering and amendment of section
					 10241 to new section
					 10214 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No.
					 48.
2. Amendment filed 4-18-90; operative 5-18-90 (Register 90, No.
					 18).
3. Amendment of section and NOTE filed 2-16-2007; operative
					 3-18-2007 (Register 2007, No. 7).
4. Amendment filed 8-2-2022;
					 operative 10-1-2022 pursuant to Government Code section
					 11343.4(a)
					 (Register 2022, No. 31). 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. Filing deadline specified
					 in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order
					 N-40-20.
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Section
						11125,
						Government Code; and Section
						21080.5(d)(2)(C),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 2 - The Commission, the Staff, and the Advisory Review Boards › Article 2 - Special Meetings › Section 10220 - Time and How Called

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A special meeting may be called for any day during normal
					 working hours by resolution of the Commission, by written petition of a
					 majority of the full Commission, or by written call of the
					 Chair.
1. Repealer
					 of former Section
					 10220, and renumbering and
					 amendment of Section
					 10250 to Section
					 10220 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Registers 80, No. 48 and
					 79, No. 29.
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Section
						66632,
						Government Code; and Section
						29520(a),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 2 - The Commission, the Staff, and the Advisory Review Boards › Article 2 - Special Meetings › Section 10221 - Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notice of any special meeting shall be given as provided in
					 Section 10213.
1. Repealer
					 of former Section
					 10221, and renumbering and
					 amendment of Section
					 10251 to Section
					 10221 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Registers 80, No. 48 and
					 79, No. 29.
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Section
						11125,
						Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 2 - The Commission, the Staff, and the Advisory Review Boards › Article 3 - Emergency Meetings › Section 10230 - Time and Reason for

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Chair may call an emergency meeting for any day and
					 time if Commission action is or may be needed in a situation that poses danger
					 to life, health, or property.
1.
					 Renumbering and amendment of former Section
					 10230 to Section
					 10210, and renumbering and
					 amendment of Section
					 10260 to Section
					 10230 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Registers 80, No. 48 and
					 79, No. 29.
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Section
						11125.5,
						Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 2 - The Commission, the Staff, and the Advisory Review Boards › Article 3 - Emergency Meetings › Section 10231 - Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Members of the Commission shall be notified of an emergency
					 meeting at least thirty-six (36) hours prior to the meeting.
1.
					 Renumbering and amendment of former Section
					 10231 to Section
					 10211, and renumbering and
					 amendment of Section
					 10261 to Section
					 10231 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Registers 80, No. 48 and
					 79, No. 29.
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Section
						11125.5,
						Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 2 - The Commission, the Staff, and the Advisory Review Boards › Article 3 - Emergency Meetings › Section 10232 - Prerequisites for Commission Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Commission shall not vote on any matter at any
					 emergency meeting unless it first determines by a vote of three-fourths of the
					 members present that the matter may involve danger to life, health, or property
					 and may need Commission action to avoid or mitigate the
					 danger.
1. Repealer
					 of former Section
					 10232, and renumbering and
					 amendment of Section
					 10262 to Section
					 10232 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Registers 80, No. 48 and
					 79, No. 29.
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Section
						66632,
						Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 2 - The Commission, the Staff, and the Advisory Review Boards › Article 4 - Meetings-Quorum and Procedures › Section 10240 - Quorum

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A quorum for all Commission meetings shall be fourteen (14)
					 members, of whom thirteen (13) must be non-federal representatives. The
					 Commission shall take no action in the absence of a quorum except that a lesser
					 number of members may adjourn a meeting, may act as a committee to continue a
					 public hearing, and may act as a committee of the Commission for such purposes
					 as the Commission or Chair specified in appointing the
					 committee.
1.
					 Renumbering and amendment of former Section
					 10240 to Section
					 10213, and renumbering and
					 amendment of Section
					 10270 to Section
					 10240 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Registers 80, No. 48 and
					 79, No. 29.
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Section
						66632,
						Government Code; and Section
						29520,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 2 - The Commission, the Staff, and the Advisory Review Boards › Article 4 - Meetings-Quorum and Procedures › Section 10241 - Voting-Number Required to Authorize Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except as otherwise provided in Title 7.2 of the Government
					 Code, in Sections
					 29000
					 through
					 29610
					 of the Public Resources Code, or in these regulations, actions of the
					 Commission, including passage of resolutions not subject to special provisions,
					 shall be by vote of a majority of the members present and
					 voting.
1.
					 Renumbering and amendment of former Section
					 10241 to Section
					 10214, and renumbering and
					 amendment of Section
					 10271 to Section
					 10241 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No.
					 48.
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Title 7.2, Government Code; and Division 19,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 2 - The Commission, the Staff, and the Advisory Review Boards › Article 4 - Meetings-Quorum and Procedures › Section 10242 - Procedures-Robert's Rules of Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Commission shall follow Robert's Rules of Order unless
					 the rules conflict with Title 7.2 of the Government Code, Sections
					 29000
					 through
					 29610 of
					 the Public Resources Code, or these regulations. The appropriate code section
					 or regulation will govern if such a conflict exists.
1.
					 Renumbering and amendment of Section
					 10272 to new Section
					 10242 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No.
					 48.
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Section
						66632,
						Government Code; and Section
						29520,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 2 - The Commission, the Staff, and the Advisory Review Boards › Article 4 - Meetings-Quorum and Procedures › Section 10243 - Agenda

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Executive
				  Director shall set the agenda for regular meetings.
(b) The Chair may alter the sequence of the
				  agenda for any particular meeting if he or she believes such change is
				  desirable.
(c) The Executive
				  Director or the Chair may set specific times for the consideration of
				  particular items.
1.
					 Renumbering and amendment of Section
					 10273 to new Section
					 10243 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No.
					 48.
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Section
						66632,
						Government Code; and Section
						29520,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 2 - The Commission, the Staff, and the Advisory Review Boards › Article 4 - Meetings-Quorum and Procedures › Section 10244 - Recording of Meetings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Commission meetings shall be recorded electronically unless
					 equipment failure prevents this. The Commission staff shall retain each
					 recording for at least one year, shall make the recording reasonably available
					 for replaying at the Commission's offices, and post or provide access to the
					 recording on the Commission's website.
1.
					 Renumbering and amendment of Section
					 10275 to new Section
					 10244 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No.
					 48.
2. Amendment of section and NOTE filed 8-2-2022; operative
					 10-1-2022 pursuant to Government Code section
					 11343.4(a)
					 (Register 2022, No. 31). 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. Filing deadline specified
					 in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order
					 N-40-20.
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Sections
						11124.1(b)
						and
						66632,
						Government Code; and Section
						29520,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 2 - The Commission, the Staff, and the Advisory Review Boards › Article 4 - Meetings-Quorum and Procedures › Section 10245 - Minutes of Meetings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Commission shall keep accurate minutes of all
					 Commission actions taken and its meetings and make them available to the
					 public.
1.
					 Renumbering and amendment of Section
					 10276 to new Section
					 10245 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No.
					 48.
2. Amendment filed 8-2-2022; operative 10-1-2022 pursuant to
					 Government Code section
					 11343.4(a)
					 (Register 2022, No. 31). 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. Filing deadline specified
					 in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order
					 N-40-20.
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Section
						66632,
						Government Code; and Section
						29520,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 2 - The Commission, the Staff, and the Advisory Review Boards › Article 4 - Meetings-Quorum and Procedures › Section 10246 - Public Comment Period

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At
				  each Commission meeting, the Commission shall provide the public with an
				  opportunity to address the Commission on any matter on which the Commission has
				  not already held a public hearing and which is not scheduled for a public
				  hearing during the meeting.
(b) The
				  Commission may provide the public the opportunity required by subdivision (a)
				  either prior to or as part of Commission consideration of the matter on which
				  comments would be offered.
(c)
				  Speakers shall be heard in the order in which they sign up and shall generally
				  be limited to three minutes each. The total time for public comment shall
				  generally be limited to a total of fifteen (15) minutes.
(d) The Commission may provide more time to
				  each speaker and may extend the total time available for public comment beyond
				  fifteen (15) minutes if the Commission or the Chair believes that such an
				  extension is necessary to allow a reasonable opportunity for all members of the
				  public who want to testify.
(e)
				  Members of the public who believe that they need additional opportunity to
				  communicate with the Commission may present written material to the Commission
				  at any time subject to such deadlines as the Commission or Chair may impose
				  concerning matters for which specific Commission action may be required in the
				  future.
(f) The Executive Director
				  shall insure that copies of all written materials received prior to any
				  deadline established by the Commission or the Chair are provided to the
				  Commission in a timely manner.
(g)
				  The Commission shall not take any action on any matter raised during the public
				  comment period other than to schedule the matter for a future meeting agenda or
				  to refer the matter to the staff for investigation unless the matter is already
				  scheduled for action by the Commission later in the meeting.
1. New
					 section filed 2-27-98; operative 3-29-98 (Register 98, No.
					 9).
Note: Authority cited: Sections
						11125.7
						and
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Section
						11125.7,
						Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 2 - The Commission, the Staff, and the Advisory Review Boards › Article 5 - Officers › Section 10250 - Duties of the Chair

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The Chair shall preside at all meetings of the Commission, shall execute
				  documents for the Commission requiring such execution and shall perform such
				  other duties as the Commission provides by resolution.
(b) The Chair shall, in collaboration with
				  and with the concurrence of the Commission, appoint the members and chair
				  persons of the Design Review Board, the Engineering Criteria Review Board, the
				  Citizen's Advisory Committee, and representatives of the Commission to boards,
				  committees, and other commissions as may be necessary.
1.
					 Renumbering and amendment of former Section
					 10250 to Section
					 10220, and renumbering and
					 amendment of Section
					 10281 to Section
					 10250 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No.
					 48.
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Section
						66632,
						Government Code; and Section
						29520(a),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 2 - The Commission, the Staff, and the Advisory Review Boards › Article 5 - Officers › Section 10251 - Duties of Vice Chair

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In the absence of the Chair, the Vice Chair shall perform
					 those duties of the Chair that cannot reasonably await the return of the
					 Chair.
1.
					 Renumbering and amendment of former Section
					 10251 to Section
					 10221, and renumbering and
					 amendment of Section
					 10282 to Section
					 10251 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No.
					 48.
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201,
						Public Resources Code. Reference: Section
						66632,
						Government Code; and Section
						29520(a),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 2 - The Commission, the Staff, and the Advisory Review Boards › Article 5 - Officers › Section 10252 - Acting Chair

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Chair or, in the absence of the Chair, the Vice Chair
					 or, in the absence of the Chair and the Vice Chair, a majority of the
					 Commission shall appoint an Acting Chair when neither the Chair nor Vice Chair
					 may be available to perform the duties of the Chair.
1. New
					 section filed 5-18-87; operative 6-17-87 (Register 87, No.
					 30).
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Section
						66632,
						Government Code; and Section
						29520(a),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 2 - The Commission, the Staff, and the Advisory Review Boards › Article 6 - Staff › Section 10260 - Executive Director-Appointment and Term

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Commission shall appoint an Executive Director to serve
					 at the pleasure of the majority of the members of the
					 Commission.
1.
					 Renumbering and amendment of former Section
					 10260 to Section
					 10230, and renumbering and
					 amendment of Section
					 10290 to Section
					 10260 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No.
					 48.
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Section
						66635,
						Government Code; and Section
						29520(a),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 2 - The Commission, the Staff, and the Advisory Review Boards › Article 6 - Staff › Section 10261 - Executive Director-Duties and Delegation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Executive Director shall administer
				  the affairs of the Commission in accordance with the direction and policies of
				  the Commission. He or she shall also appoint such other employees as may be
				  necessary to carry out the functions of the Commission. Appointments of staff
				  members shall be presumed to be approved by the Commission unless the
				  Commission objects by a majority vote at the meeting when the Executive
				  Director announces the appointment.
(b) Except as specifically provided by
				  Commission resolution, the Executive Director may delegate the performance of
				  any of his or her functions, including those specifically prescribed by the
				  McAteer-Petris Act, the Suisun Marsh Preservation Act, or by these regulations,
				  but such delegation shall not affect his or her responsibility to see that the
				  directions and policies of the Commission are carried out fully and
				  faithfully.
1.
					 Renumbering and amendment of former Section
					 10261 to Section
					 10231, and renumbering and
					 amendment of Section
					 10291 to Section
					 10261 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No.
					 48.
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Section
						66635,
						Government Code; and Section
						29520(a),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 2 - The Commission, the Staff, and the Advisory Review Boards › Article 6 - Staff › Section 10262 - Acting Executive Director

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The Executive Director shall designate a member of the staff to serve as acting
				  Executive Director while the Executive Director is absent or unable to perform
				  his or her regular duties.
(b) If
				  the Executive Director is unable to perform his or her regular duties and has
				  not designated an acting Executive Director, the Chair may perform those duties
				  or may designate an acting Executive Director.
(c) The acting Executive Director shall have
				  the same powers, duties, and responsibilities as the Executive
				  Director.
1.
					 Renumbering and amendment of former Section
					 10262 to Section
					 10232, and renumbering and
					 amendment of Section
					 10292 to Section
					 10262 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No.
					 48.
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Section
						66635,
						Government Code; and Section
						29520(a),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 2 - The Commission, the Staff, and the Advisory Review Boards › Article 8 - Ex Parte Communications › Section 10280 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Fairness and due process of law are essential elements of
					 responsible government. Public confidence in government is highest when an
					 agency conducts its adjudicatory business openly and impartially. This
					 regulation supplements and helps explain minimum legal requirements concerning
					 the disclosure of communications that occur outside of the normal hearing
					 process and would therefore not be part of the administrative record when the
					 Commission acts on permit applications and on enforcement cases and takes other
					 adjudicatory actions. However, Commission members can, and are encouraged to,
					 disclose more information relative to any communication that occurs outside of
					 the public record to ensure that all Commission members can make informed
					 decisions.
1. New
					 article 8 (sections
					 10280-10289) and section filed
					 12-27-2004; operative 1-26-2005 (Register 2004, No.
					 53).
Note: Authority cited: Sections
						11400.20
						and
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Sections
						11430.10,
						11430.20,
						11430.30,
						11430.40,
						66632 and
						66638,
						Government Code; and Sections
						29520,
						29524
						and
						29601,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 2 - The Commission, the Staff, and the Advisory Review Boards › Article 8 - Ex Parte Communications › Section 10282 - Definitions of a Quasi-Judicial Proceeding and of a Quasi-Legislative Proceeding

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All Commission actions are considered to be either
					 adjudicatory or quasi-legislative. An adjudicatory action by the Commission
					 affects specific rights or interests of an individual or business entity based
					 on specific facts, such as the granting of a permit, the issuance of a cease
					 and desist order, the issuance of a report to the California Energy Commission
					 pursuant to California Government Code Section
					 66645(d),
					 or Commission review of a federal consistency determination or certification. A
					 quasi-legislative action generally applies to a given class or group of
					 individuals or entities and usually takes the form of a Commission plan
					 amendment, policy, or regulation.
1. New
					 section filed 12-27-2004; operative 1-26-2005 (Register 2004, No.
					 53).
Note: Authority cited: Sections
						11400.20
						and
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Sections
						11430.10,
						66632,
						66638 and
						66645(d),
						Government Code; and Sections
						29520,
						29524
						and
						29601,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 2 - The Commission, the Staff, and the Advisory Review Boards › Article 8 - Ex Parte Communications › Section 10284 - Permissible Ex Parte Communications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following types of ex parte communications are not
					 prohibited by these regulations and do not require any disclosure into the
					 record:
(a) communications
				  specifically authorized by statute and required for the disposition of an
				  adjudicatory matter;
(b) the
				  communication involves a matter of procedure or practice that is not in
				  controversy;
(c) the communication
				  is from an employee or representative of BCDC who has not served as an
				  investigator, prosecutor, or advocate during the proceeding or in its
				  pre-adjudicative stage and whose purpose is to assist or advise the
				  Commission;
(d) the communication
				  is from an employee or representative of BCDC and concerns a settlement
				  proposal advocated by the employee or representative; and
(e) the communication is from an employee or
				  representative of BCDC and involves a non-prosecutorial proceeding.
1. New
					 section filed 12-27-2004; operative 1-26-2005 (Register 2004, No.
					 53).
2. Amendment of subsection (c) and NOTE filed 8-2-2022;
					 operative 10-1-2022 pursuant to Government Code section
					 11343.4(a)
					 (Register 2022, No. 31). 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. Filing deadline specified
					 in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order
					 N-40-20.
Note: Authority cited: Sections
						11400.20
						and
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Sections
						11430.20,
						11430.30,
						66632,
						66638 and
						66641.6,
						Government Code; and Sections
						29520,
						29524,
						29601,
						29610
						and
						29611,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 2 - The Commission, the Staff, and the Advisory Review Boards › Article 8 - Ex Parte Communications › Section 10285 - When the Policy Applies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The policy established by Sections
				  10283 and
				  10284 shall commence to apply for
				  a permit application or a federal consistency determination or certification
				  when an applicant first submits an application, a consistency determination, or
				  a consistency certification to the Commission.
(b) The policy shall commence to apply for a
				  Commission enforcement action when the Commission staff mails either a
				  violation report or a complaint for the imposition of administrative civil
				  penalties.
1. New
					 section filed 12-27-2004; operative 1-26-2005 (Register 2004, No.
					 53).
Note: Authority cited: Sections
						11400.20
						and
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Sections
						11430.10,
						66632 and
						66638,
						Government Code; and Sections
						29520,
						29524
						and
						29601,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 2 - The Commission, the Staff, and the Advisory Review Boards › Article 8 - Ex Parte Communications › Section 10287 - Party Opportunity to Respond to an Ex Parte Communication

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a party or person requests an opportunity to address the
					 Commission concerning the communication either at the Commission meeting at
					 which the Commission considers the matter that is the subject of the
					 communication or within 10 days of receiving notice of the communication as
					 required by Section
					 10286, the Commission shall grant
					 the request and may allow the requesting party to present rebuttal evidence
					 concerning the subject of the ex parte communication.
1. New
					 section filed 12-27-2004; operative 1-26-2005 (Register 2004, No.
					 53).
2. Amendment of section and NOTE filed 8-2-2022; operative
					 10-1-2022 pursuant to Government Code section
					 11343.4(a)
					 (Register 2022, No. 31). 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. Filing deadline specified
					 in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order
					 N-40-20.
Note: Authority cited: Sections
						11400.20
						and
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Sections
						11430.50,
						66632,
						66638 and
						66641.6,
						Government Code; and Sections
						29520,
						29524,
						29601,
						29610
						and
						29611,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 2 - The Commission, the Staff, and the Advisory Review Boards › Article 8 - Ex Parte Communications › Section 10288 - Ex Parte Communications After the Close of the Public Hearing and After the End of the Time Period for Receipt of Written Communications; Public Comments and Responses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If an ex parte communication occurs after
				  the close of the public hearing or the deadline for submitting written comments
				  but before the Commission has voted on the matter that is the subject of the
				  communication, the ex parte communication shall be disclosed as required by
				  Section 10283 and notice of the
				  communication shall be provided as required by Section
				  10286.
(b) The Commission Chair or the Commission
				  may determine that the communication contains new or different information
				  pertinent to the decision being made. The Commission Chair or the Commission
				  may also determine that reopening the public hearing is therefore necessary to
				  protect the integrity of the decision-making process.
(c) If the Commission chair or the Commission
				  makes both such determinations, it shall circulate the communication to the
				  entire Commission and may reopen the public hearing to allow the public
				  sufficient opportunity to comment on and to rebut the information contained in
				  the communication unless a legal deadline for voting prevents reopening the
				  hearing.
(d) If necessary, either
				  the deadline for Commission voting shall be extended or the Commission shall
				  deny the application because of the public's inability to comment on the new or
				  different information.
(e) If a
				  conflict occurs between this section and Commission Regulation Section
				  10430, this section shall take
				  precedence.
1. New
					 section filed 12-27-2004; operative 1-26-2005 (Register 2004, No.
					 53).
2. Amendment of subsection (a) and NOTE filed 8-2-2022;
					 operative 10-1-2022 pursuant to Government Code section
					 11343.4(a)
					 (Register 2022, No. 31). 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. Filing deadline specified
					 in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order
					 N-40-20.
Note: Authority cited: Sections
						11400.20
						and
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Sections
						11430.50,
						66632,
						66638 and
						66641.6,
						Government Code; and Sections
						29520,
						29524,
						29601,
						29610
						and
						29611,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 2 - The Commission, the Staff, and the Advisory Review Boards › Article 8 - Ex Parte Communications › Section 10289 - Field Trips

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  Commission member may take an individual field trip to the site of a proposed
				  project or a pending enforcement action to observe site conditions in relation
				  to any issue raised in the pending adjudicatory matter so long as the
				  Commission member discloses the fact of the field trip and the substance of all
				  that he or she observed to the Commission as soon as practicable
				  afterwards.
(b) The Commission's
				  policy on ex parte communications shall apply to any communication that
				  involves a Commission member that occurs during a field trip either by an
				  individual Commission member or by the Commission.
1. New
					 section filed 12-27-2004; operative 1-26-2005 (Register 2004, No.
					 53).
2. Amendment of subsection (a) and NOTE filed 8-2-2022;
					 operative 10-1-2022 pursuant to Government Code section
					 11343.4(a)
					 (Register 2022, No. 31). 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. Filing deadline specified
					 in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order
					 N-40-20.
Note: Authority cited: Sections
						11400.20
						and
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Sections
						11430.10,
						11430.20,
						11430.30,
						11430.40,
						11430.50,
						66632,
						66638 and
						66641.6,
						Government Code; and Sections
						29520,
						29524,
						29601,
						29610
						and
						29611,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 3 - Major Permits Procedures: Applications, Amendments to Applications, and Application Summaries › Subchapter 1 - Definitions › Article 1 - Definitions › Section 10300 - Major Permits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A major permit is any Commission permit other than an
						administrative permit, an emergency permit, a regionwide permit or an
						abbreviated regionwide permit.
1.
						Repealer and new section filed 5-18-87; operative 6-17-87 (Register 87, No.
						30). For prior history, see Register 80, No. 48.
2. Amendment of
						section filed 8-6-96; operative 9-5-96 (Register 96, No.
						32).
Note: Authority cited: Section
						  66632(f),
						  Government Code; and Section
						  29201(e),
						  Public Resources Code. Reference: Section
						  66632,
						  Government Code; and Section
						  29601,
						  Public Resources Code.