reglab/statecodes huggingface dataset:
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 12 - Administrative Penalty Petition Procedures › Section 3908 - Hearing Procedures-Recording and Transcription

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Hearings conducted under the procedures of this article
						shall be electronically recorded by the Board. Cost of transcription or
						reproduction of the electronic recording, if requested, shall be borne by the
						party making such request.
1. New
						section filed 4-2-98; operative 4-2-98 (Register 98, No. 14). This interim
						regulation is exempt from most of the procedural requirements of the
						Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter
						3.5, Division 3, Title 2, Government Code) and from review by the Office of
						Administrative Law pursuant to Government Code sections
						11400.20
						and will expire on December 31, 1998, unless earlier terminated or replaced by,
						or readopted as, permanent following the procedures of the Administrative
						Procedure Act.
2. New section refiled 11-16-98 as a permanent
						regulation; operative 12-16-98 (Register 98, No.
						47).
Note: Authority cited: Section
						  2755,
						  Public Resources Code. Reference: Section
						  2755,
						  Public Resources Code.
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 12 - Administrative Penalty Petition Procedures › Section 3909 - Hearing Procedures - Use of Informal Hearing Procedure and Sequence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Board may conduct the petition hearing under this article pursuant to the
					 informal hearing adjudicative proceedings described in the California
					 Administrative Procedure Act. The informal hearing procedure is intended to
					 satisfy due process and public policy requirements in a manner that is simpler
					 and more expeditious than hearing procedures otherwise required by statute, for
					 use in appropriate circumstances.
(b) The public hearing shall normally proceed
					 in the following manner:
(1) Identification
					 of the record;
(2) Statements on
					 behalf of the petitioner;
(3)
					 Statements on behalf of the supervisor;
(4) Statements on behalf of the lead
					 agency;
(5) Statements on behalf of
					 the public;
(6) Rebuttal on behalf
					 of the petitioner;
(7) Rebuttal on
					 behalf of the supervisor;
(8)
					 Motion to close the public hearing.
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 12 - Administrative Penalty Petition Procedures › Section 3910 - Hearing Procedures - Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Following
					 the public hearing, the Board shall determine:
(1) whether the alleged violations cited in
					 the supervisor's order are supported by substantial evidence in light of the
					 whole record before it; and,
(2) the
					 action the Board should take to affirm, modify, or set aside, in whole or in
					 part, the administrative penalty issued by the supervisor. The Board shall
					 issue its own order upholding its determination.
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 13 - Selection of Professional Service Firms › Section 3920 - Selection of Professional Service Firms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The purpose of these regulations is to
					 establish those procedures authorized and required by Chapter 10 (commencing
					 with Section
					 4525) of Division 5 of Title 1 of
					 the Government Code. These regulations are specific to the Surface Mining and
					 Reclamation Act of 1975 (Public Resources Code Sections
					 2710,
					 et seq.
(b) Selection by the board
					 for professional services of private architectural, landscape architectural,
					 engineering, environmental, land surveying, or construction project management,
					 firms shall be on the basis of demonstrated competence and on the professional
					 qualifications necessary for the satisfactory performance of the services
					 required.
1. New
						article 13 (sections
						3920-3930) and section filed
						10-4-2000; operative 10-4-2000 pursuant to Government Code section
						11343.4(d)
						(Register 2000, No. 40).
Note: Authority cited: Sections
						  2755-
						  2759,
						  Public Resources Code; and Section
						  4526,
						  Government Code. Reference: Sections
						  4525-
						  4529.5,
						  Government Code.
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 13 - Selection of Professional Service Firms › Section 3921 - Definitions, as Used in these Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Small business" shall mean a small
					 business firm as defined by the Director of General Services (section
					 1896 of Title 2 of the California
					 Code of Regulations) pursuant to section
					 14837 of
					 the Government Code.
(b)
					 "Architectural, landscape architectural, engineering, environmental, land
					 surveying, and construction project management services" are those services to
					 be procured outside State of California Civil Service procedures and of a
					 character necessarily rendered by an architect, landscape architect, engineer,
					 environmental specialist, land surveyor, or construction project management
					 contractor but may include ancillary services logically or justifiably
					 performed in connection therewith.
(c) "Project" means a project as defined in
					 Section
					 10105
					 of the Public Contract Code, or as defined in the Public Resources Code Section
					 21065.
1. New
						section filed 10-4-2000; operative 10-4-2000 pursuant to Government Code
						section
						11343.4(d)
						(Register 2000, No. 40).
Note: Authority cited: Section
						  4526,
						  Government Code. Reference: Sections
						  4525 and
						  14837,
						  Government Code; Section
						  10105,
						  Public Contract Code; and Section
						  21065,
						  Public Resources Code.
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 13 - Selection of Professional Service Firms › Section 3922 - Establishment of Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The board shall establish criteria, on a case by case instance, which will
					 comprise the basis for selection for each project. The criteria shall include
					 such factors as professional excellence, demonstrated competence, specialized
					 experience of the firm, education and experience of key personnel to be
					 assigned, staff capability, workload ability to meet schedules, nature and
					 quality of completed work, reliability and continuity of the firm, location,
					 and other considerations deemed relevant. Such factors shall be weighted by the
					 board according to the nature of the project, the needs of the State and
					 complexity and special requirements of the specific project.
(b) In no event shall the criteria include
					 practices which might result in unlawful activity including, but not limited
					 to, rebates, kickbacks, or other unlawful consideration. Board members with a
					 relationship to a person or business entity seeking a contract under this
					 section are prohibited from participating in the selection process if the board
					 member would be subject to the prohibition of Section
					 87100 of
					 the Government Code.
1. New
						section filed 10-4-2000; operative 10-4-2000 pursuant to Government Code
						section
						11343.4(d)
						(Register 2000, No. 40).
Note: Authority cited: Section
						  4526,
						  Government Code. Reference: Sections
						  4526 and
						  87100,
						  Government Code.
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 13 - Selection of Professional Service Firms › Section 3923 - Estimate of Value of Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Before any discussion with any firm concerning fees, the
						board may cause an estimate of the value of such services to be prepared. This
						estimate shall serve as a guide in determining fair and reasonable compensation
						for the services rendered. Such estimate shall be, and remain, confidential
						until award of contract or abandonment of any further procedure for the
						services to which it relates. At any time the board determines the estimates to
						be unrealistic because of rising costs, special conditions, or for other
						relevant considerations, the estimate may be reevaluated and modified if
						necessary.
1. New
						section filed 10-4-2000; operative 10-4-2000 pursuant to Government Code
						section
						11343.4(d)
						(Register 2000, No. 40).
Note: Authority cited: Section
						  4526,
						  Government Code. Reference: Section
						  4528,
						  Government Code.
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 13 - Selection of Professional Service Firms › Section 3924 - Request for Proposals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Where a project requires architectural,
					 landscape architectural, engineering, environmental, land surveying, or
					 construction project management services, the board shall make an announcement
					 through a publication of the respective professional society, if any exist, in
					 a construction trade journal or, if none exist, in other appropriate
					 publications that are published within a reasonable time frame such that a
					 lengthy publication delay does not adversely affect the project.
(b) The announcement shall contain the
					 following information: The nature of the work, the criteria upon which the
					 award shall be made, and the time within which statements of interest,
					 qualification and performance data will be received.
(c) The board shall endeavor to provide to
					 all small business firms who have indicated an interest in receiving such, a
					 copy of each announcement for projects for which the board concludes that small
					 business firms could be especially qualified. A failure of the board to send a
					 copy of an announcement to any firm shall not operate to preclude any
					 contract.
1. New
						section filed 10-4-2000; operative 10-4-2000 pursuant to Government Code
						section
						11343.4(d)
						(Register 2000, No. 40).
Note: Authority cited: Section
						  4526,
						  Government Code. Reference: Section
						  4527,
						  Government Code.
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 13 - Selection of Professional Service Firms › Section 3925 - Selection of Firm

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After expiration of the period stated in the publications
						or other public announcements, the board shall evaluate statements of
						qualifications and performance data which have been submitted to the board.
						Discussions shall be conducted with no less than three firms regarding the
						required service. Where three firms cannot be found which could provide the
						required service, a full explanation including names and addresses of firms and
						individuals requested to submit proposals must be entered in the files. From
						the firms with which discussions are held, the board shall select no less than
						three, provided at least three firms submit proposals, in order of preference,
						based upon the established criteria, which are deemed to be the most highly
						qualified to provide the services required.
1. New
						section filed 10-4-2000; operative 10-4-2000 pursuant to Government Code
						section
						11343.4(d)
						(Register 2000, No. 40).
Note: Authority cited: Section
						  4526,
						  Government Code. Reference: Sections
						  4526-
						  4527,
						  Government Code.
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 13 - Selection of Professional Service Firms › Section 3926 - Negotiation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The board shall attempt to negotiate a contract with the
						most highly qualified firm. When the board is unable to negotiate a
						satisfactory contract with this firm with fair and reasonable compensation
						provisions, as determined by the procedure set forth in Section
						3923 if those procedures were
						used, negotiations shall be terminated. The board shall then undertake
						negotiations with the second most qualified firm on the same basis. Failing
						accord, negotiations shall be terminated. The board shall then undertake
						negotiations with the third most qualified firm on the same basis. Failing
						accord, negotiations shall be terminated. Should the board be unable to
						negotiate a satisfactory contract at fair and reasonable compensation with any
						of the selected firms, additional firms may be selected in the manner
						prescribed in this article and the negotiation procedure
						continued.
1. New
						section filed 10-4-2000; operative 10-4-2000 pursuant to Government Code
						section
						11343.4(d)
						(Register 2000, No. 40).
Note: Authority cited: Section
						  4526,
						  Government Code. Reference: Section
						  4528,
						  Government Code.
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 13 - Selection of Professional Service Firms › Section 3927 - Amendments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In instances where the board effects a necessary change
						in the project during the course of performance of the contract, the firm's
						compensation may be adjusted by negotiation of a mutual written agreement in a
						fair and reasonable amount where the amount of work to be performed by the firm
						is changed from that which existed previously in the contemplation of the
						parties.
1. New
						section filed 10-4-2000; operative 10-4-2000 pursuant to Government Code
						section
						11343.4(d)
						(Register 2000, No. 40).
Note: Authority cited: Section
						  4526,
						  Government Code. Reference: Section
						  4526,
						  Government Code.
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 13 - Selection of Professional Service Firms › Section 3928 - Contracting in Phases

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Should the board determine that it is necessary or
						desirable to have a given project performed in phases, it will not be necessary
						to negotiate the total contract price or compensation provisions in the initial
						instance, provided that the board shall have determined that the firm is best
						qualified to perform the whole project at a fair and reasonable cost, and the
						contract contains provisions that the board, at its option, may utilize the
						firm for other phases and that the firm will accept a fair and reasonable price
						for subsequent phases to be later negotiated and reflected in a subsequent
						written instrument. The procedure with regard to estimates and negotiation
						shall otherwise be applicable.
1. New
						section filed 10-4-2000; operative 10-4-2000 pursuant to Government Code
						section
						11343.4(d)
						(Register 2000, No. 40).
Note: Authority cited: Section
						  4526,
						  Government Code. Reference: Section
						  4526,
						  Government Code.
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 13 - Selection of Professional Service Firms › Section 3929 - Board's Power to Require Bids

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where the board determines that the services needed are
						technical in nature and involve little professional judgment and that requiring
						bids would be in the public interest, a contract shall be awarded on the basis
						of bids rather than by following the foregoing procedures for requesting
						proposals and negotiation.
1. New
						section filed 10-4-2000; operative 10-4-2000 pursuant to Government Code
						section
						11343.4(d)
						(Register 2000, No. 40).
Note: Authority cited: Section
						  4526,
						  Government Code. Reference: Section
						  4529,
						  Government Code.
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 13 - Selection of Professional Service Firms › Section 3930 - Exclusions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of this article shall not apply to service
						agreements for an architect, landscape architect, engineer, environmental
						specialist, land surveyor, or construction project management contractor,
						engaged to provide consulting services on specific problems on projects where
						the architectural, landscape architectural, engineering, environmental, land
						surveying, or construction project management work is being performed by State
						of California Civil Service employees.
1. New
						section filed 10-4-2000; operative 10-4-2000 pursuant to Government Code
						section
						11343.4(d)
						(Register 2000, No. 40).
Note: Authority cited: Section
						  4526,
						  Government Code. Reference: Section
						  4526,
						  Government Code.
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 14 - Appeals of Orders to Comply with the Surface Mining and Reclamation Act of 1975 › Section 3940 - Purpose of Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The regulations contained in this article govern
						procedures affecting the appeal to the Board of orders to comply with the
						Surface Mining and Reclamation Act of 1975 (SMARA) issued by the supervisor of
						the Division of Mine Reclamation (DMR), or by the Board when acting in the
						capacity of lead agency pursuant to Public Resources Code Section
						2774.4
						or
						2774.5.
1. New
						article 14 (sections
						3940-3948) and section filed
						10-1-2002; operative 10-31-2002 (Register 2002, No. 40).
2.
						Amendment of section and NOTE 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.
Note: Authority cited: Section
						  2755,
						  Public Resources Code. Reference: Sections
						  2774.1,
						  2774.4
						  and
						  2774.5,
						  Public Resources Code.
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 14 - Appeals of Orders to Comply with the Surface Mining and Reclamation Act of 1975 › Section 3940.5 - Filing of an Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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;
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 14 - Appeals of Orders to Comply with the Surface Mining and Reclamation Act of 1975 › Section 3941 - Determination of Jurisdiction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Chair of the Board, or the Chair's
					 designee, shall determine whether, based on the information required by Section
					 3940.5 of this article, the appeal
					 of the order to comply is within the jurisdiction of the Board for the purposes
					 of hearing the appeal and determine whether the appeal raises substantial
					 issues related to the validity of the allegations contained in the order to
					 comply. If the Chair or the Chair's designee finds based on the criteria listed
					 in (1) and (2) below, that the appeal raises no substantial issues with respect
					 to the allegations supporting the order to comply, or has not been filed within
					 statutory time limits, then no hearing shall be scheduled and the appeal shall
					 be denied. In making this determination, the Chair, or the Chair's designee,
					 shall consider the following:
(1) Whether the
					 filing of the appeal with the Board is within the time limits provided for in
					 Public Resources Code Section
					 2774.1(a)(3)(B);
(2) Whether the appeal specifically addresses
					 the alleged violations contained in the order to comply, and together with any
					 supporting documentation, is reasonably sufficient to substantiate the
					 operator's appeal of the order to comply.
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 14 - Appeals of Orders to Comply with the Surface Mining and Reclamation Act of 1975 › Section 3942 - Administrative Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The administrative record shall consist of the
						information that was before the supervisor for an order to comply issued by the
						supervisor, or before the Board for an order to comply issued by the Board, at
						the time the order to comply was issued and which comprised the basis for the
						order to comply. The information before the supervisor, or the Board, shall
						consist of but may not be limited to the following:
(a) The name and address of the surface
					 mining operator and the name and address of the designated agent for the
					 service of process pursuant to Public Resources Code 2207(a)(2);
(b) A general description of the surface
					 mining operation;
(c) The
					 information submitted pursuant to subdivisions (a)(1) and (a)(2) of Section
					 3940.5 of this Article;
(d) A description of the alleged violation(s)
					 specifying which aspects of the mining operation's activities or operations are
					 not in compliance with SMARA; and
(e) A time for achieving compliance that the
					 supervisor, or the Board, has determined to be reasonable.
1. New
						section filed 10-1-2002; operative 10-31-2002 (Register 2002, No.
						40).
2. Amendment 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.
Note: Authority cited: Section
						  2755,
						  Public Resources Code. Reference: Section
						  2774.1,
						  Public Resources Code.
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 14 - Appeals of Orders to Comply with the Surface Mining and Reclamation Act of 1975 › Section 3943 - Hearing Procedures - Scheduling

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board shall schedule and hold a public hearing on an
						appeal pursuant to PRC Section
						2774.1(a)(3)(C).
						Any mutually agreed upon scheduling of the hearing shall take into
						consideration the time provided the Board to determine jurisdiction under
						Section 3941 of this article, and the
						Board's regular meeting schedule. The hearing may be scheduled as part of a
						regular business meeting of the Board or may be conducted by a committee of the
						Board.
1. New
						section filed 10-1-2002; operative 10-31-2002 (Register 2002, No.
						40).
2. Amendment 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.
Note: Authority cited: Section
						  2755,
						  Public Resources Code. Reference: Section
						  2774.1,
						  Public Resources Code.
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 14 - Appeals of Orders to Comply with the Surface Mining and Reclamation Act of 1975 › Section 3944 - Hearing Procedures - Authority for Delegation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board may delegate conduct of the hearing to a
						committee of at least 2 members of the Board to be appointed for that hearing
						by the Chair of the Board. The Chair or the Chair's designee shall conduct the
						hearing; the recommendations of the hearing committee shall be presented to a
						quorum of the Board at its next business meeting for a decision of the full
						Board consistent with the procedures set forth in Section
						3948 of these
						regulations.
1. New
						section filed 10-1-2002; operative 10-31-2002 (Register 2002, No.
						40).
2. Amendment 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.
Note: Authority cited: Section
						  2755,
						  Public Resources Code. Reference: Section
						  2774.1,
						  Public Resources Code.
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 14 - Appeals of Orders to Comply with the Surface Mining and Reclamation Act of 1975 › Section 3945 - Hearing Procedures - Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At least 10 days prior to the hearing,
					 the Board shall give public notice as follows:
(1) Mailing the notice to the lead agency (if
					 the Board is not the lead agency), the appellant, and the supervisor;
(2) Mailing the notice to any person who
					 requests notice of the hearing;
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 14 - Appeals of Orders to Comply with the Surface Mining and Reclamation Act of 1975 › Section 3946 - Hearing Procedures - Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The record before the Board at the public hearing shall
						be the administrative record submitted pursuant to Section
						3942 of this
						article.
1. New
						section filed 10-1-2002; operative 10-31-2002 (Register 2002, No.
						40).
2. Amendment 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.
Note: Authority cited: Section
						  2755,
						  Public Resources Code. Reference: Section
						  2774.1,
						  Public Resources Code.
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 14 - Appeals of Orders to Comply with the Surface Mining and Reclamation Act of 1975 › Section 3947 - Hearing Procedures - Sequence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The public hearing should normally
					 proceed in the following manner:
(1)
					 Identification of the appeal case number and parties;
(2) Statements on behalf of the
					 appellant;
(3) Statements on behalf
					 of the supervisor, or the Board if acting as the lead agency;
(4) Statements on behalf of the
					 public;
(5) Rebuttal on behalf of
					 the appellant;
(6) Rebuttal on
					 behalf of the supervisor, or the Board if acting as the lead agency;
					 and
(7) Motion to close the public
					 hearing.
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 14 - Appeals of Orders to Comply with the Surface Mining and Reclamation Act of 1975 › Section 3948 - Hearing Procedures - Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Following the public hearing, the Board shall determine
						whether, the alleged violations cited in the supervisor's order to comply
						issued by the supervisor, or the Board's order to comply issued by the Board,
						are supported by substantial evidence in light of the whole record. If the
						Board finds that the evidence in the record supports the issuance of the order
						to comply, the Board shall uphold the order to comply. The supervisor may agree
						to modify specific terms of the order to comply prior to the Board issuing its
						determination. If the Board finds that the evidence in the record does not
						substantially support the order, then the Board shall not uphold the order and
						shall notify the supervisor of the specific reasons for not upholding the
						supervisor's order. Notification of the Board's determination shall be made by
						certified mail or personal service to the appellant and the supervisor within
						15 days following the regular business meeting of the Board at which the
						determination is made.
1. New
						section filed 10-1-2002; operative 10-31-2002 (Register 2002, No.
						40).
2. Amendment 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.
Note: Authority cited: Section
						  2755,
						  Public Resources Code. Reference: Section
						  2774.1,
						  Public Resources Code.
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 15 - Vested Rights Determination › Section 3950 - Purpose of Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where the board exercises or assumes some or all of the
						lead agency's powers pursuant to Public Resources Code Section
						2774.4
						or
						2774.5,
						the board shall not conduct vested rights determinations.
1. New
						article 15 (sections
						3950-3965) and section filed
						8-14-2008 as an emergency; operative 9-13-2008 (Register 2008, No.
						33).
2. Amendment of section and NOTE filed 12-12-2017; operative
						4-1-2018 (Register 2017, No. 50).
Note: Authority cited: Section
						  2755,
						  Public Resources Code. Reference: Sections
						  2774.4
						  and
						  2774.5,
						  Public Resources Code.
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 15 - Vested Rights Determination › Section 3951 - Vested Right(s) - Definition. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 8-14-2008 as an emergency; operative 9-13-2008 (Register 2008,
						No. 33).
2. Repealer filed 12-12-2017; operative 4-1-2018 (Register
						2017, No. 50).
Note: Authority cited: Sections
						  2755,
						  2776
						  and
						  2775,
						  Public Resources Code; and Hansen Brothers Enterprises, Inc. v. Board of
						  Supervisors (1996) 12 Cal.4th 533.) Reference: Calvert v. County of Yuba,
						  (2007) 145 Cal. App. 4th 613.
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 15 - Vested Rights Determination › Section 3952 - Filing of Request for Determination. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 8-14-2008 as an emergency; operative 9-13-2008 (Register 2008,
						No. 33).
2. Repealer filed 12-12-2017; operative 4-1-2018 (Register
						2017, No. 50).
Note: Authority cited: Sections
						  2755
						  and
						  2775,
						  Public Resources Code. Reference: Calvert v. County of Yuba, (2007) 145 Cal.
						  App. 4th 613.
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 15 - Vested Rights Determination › Section 3953 - Review and Determination Fee. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 8-14-2008 as an emergency; operative 9-13-2008 (Register 2008,
						No. 33).
2. Repealer filed 12-12-2017; operative 4-1-2018 (Register
						2017, No. 50).
Note: Authority cited: Sections
						  2755
						  and
						  2775,
						  Public Resources Code. Reference: Calvert v. County of Yuba, (2007) 145 Cal.
						  App. 4th 613.
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 15 - Vested Rights Determination › Section 3954 - Determination of Jurisdiction. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 8-14-2008 as an emergency; operative 9-13-2008 (Register 2008,
						No. 33).
2. Repealer filed 12-12-2017; operative 4-1-2018 (Register
						2017, No. 50).
Note: Authority cited: Sections
						  2755
						  and
						  2775,
						  Public Resources Code. Reference: Calvert v. County of Yuba, (2007) 145 Cal.
						  App. 4th 613.
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 15 - Vested Rights Determination › Section 3955 - Notice of Pending Determination. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 8-14-2008 as an emergency; operative 9-13-2008 (Register 2008,
						No. 33).
2. Repealer filed 12-12-2017; operative 4-1-2018 (Register
						2017, No. 50).
Note: Authority cited: Sections
						  2755
						  and
						  2775,
						  Public Resources Code. Reference: Calvert v. County of Yuba, (2007) 145 Cal.
						  App. 4th 613.
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 15 - Vested Rights Determination › Section 3956 - Public Hearing. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 8-14-2008 as an emergency; operative 9-13-2008 (Register 2008,
						No. 33).
2. Repealer filed 12-12-2017; operative 4-1-2018 (Register
						2017, No. 50).
Note: Authority cited: Sections
						  2755
						  and
						  2775,
						  Public Resources Code. Reference: Calvert v. County of Yuba, (2007) 145 Cal.
						  App. 4th 613.
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 15 - Vested Rights Determination › Section 3957 - Selection of Hearing Officer. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 8-14-2008 as an emergency; operative 9-13-2008 (Register 2008,
						No. 33).
2. Repealer filed 12-12-2017; operative 4-1-2018 (Register
						2017, No. 50).
Note: Authority cited: Sections
						  2755
						  and
						  2775,
						  Public Resources Code. Reference: Calvert v. County of Yuba, (2007) 145 Cal.
						  App. 4th 613.
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 15 - Vested Rights Determination › Section 3958 - Vested Rights Hearing - Schedule. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 8-14-2008 as an emergency; operative 9-13-2008 (Register 2008,
						No. 33).
2. Repealer filed 12-12-2017; operative 4-1-2018 (Register
						2017, No. 50).
Note: Authority cited: Sections
						  2755
						  and
						  2775,
						  Public Resources Code. Reference: Calvert v. County of Yuba, (2007) 145 Cal.
						  App. 4th 613.
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 15 - Vested Rights Determination › Section 3959 - Vested Rights Hearing Procedure - Notice/Submission of Written Materials. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 8-14-2008 as an emergency; operative 9-13-2008 (Register 2008,
						No. 33).
2. Amendment of subsection (b)(4) filed 6-23-2009;
						operative 7-23-2009 (Register 2009, No. 26).
3. Repealer filed
						12-12-2017; operative 4-1-2018 (Register 2017, No.
						50).
Note: Authority cited: Sections
						  2755
						  and
						  2775,
						  Public Resources Code. Reference: Calvert v. County of Yuba, (2007) 145 Cal.
						  App. 4th 613.
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 15 - Vested Rights Determination › Section 3960 - Vested Rights Hearing Procedure - Record. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 8-14-2008 as an emergency; operative 9-13-2008 (Register 2008,
						No. 33).
2. Repealer filed 12-12-2017; operative 4-1-2018 (Register
						2017, No. 50).
Note: Authority cited: Sections
						  2755
						  and
						  2775,
						  Public Resources Code. Reference: Calvert v. County of Yuba, (2007) 145 Cal.
						  App. 4th 613.
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 15 - Vested Rights Determination › Section 3961 - Vested Rights Hearing - Sequence. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 8-14-2008 as an emergency; operative 9-13-2008 (Register 2008,
						No. 33).
2. Repealer filed 12-12-2017; operative 4-1-2018 (Register
						2017, No. 50).
Note: Authority cited: Sections
						  2755
						  and
						  2775,
						  Public Resources Code. Reference: Calvert v. County of Yuba, (2007) 145 Cal.
						  App. 4th 613.
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 15 - Vested Rights Determination › Section 3962 - Vested Rights Hearing Procedure - Continuance. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 8-14-2008 as an emergency; operative 9-13-2008 (Register 2008,
						No. 33).
2. Repealer filed 12-12-2017; operative 4-1-2018 (Register
						2017, No. 50).
Note: Authority cited: Sections
						  2755
						  and
						  2775,
						  Public Resources Code. Reference: Calvert v. County of Yuba, (2007) 145 Cal.
						  App. 4th 613.
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 15 - Vested Rights Determination › Section 3963 - Vested Rights Hearing Procedure - Evidence. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 8-14-2008 as an emergency; operative 9-13-2008 (Register 2008,
						No. 33).
2. Repealer filed 12-12-2017; operative 4-1-2018 (Register
						2017, No. 50).
Note: Authority cited: Sections
						  2755
						  and
						  2775,
						  Public Resources Code. (See, Hansen Brothers Enterprises, Inc. v. Board of
						  Supervisors (1996) 12 Cal.4th 533.) Reference: Calvert v. County of Yuba,
						  (2007) 145 Cal. App. 4th 613.
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 15 - Vested Rights Determination › Section 3964 - Vested Rights Hearing Procedure - Determination. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 8-14-2008 as an emergency; operative 9-13-2008 (Register 2008,
						No. 33).
2. Repealer filed 12-12-2017; operative 4-1-2018 (Register
						2017, No. 50).
Note: Authority cited: Sections
						  2755
						  and
						  2775,
						  Public Resources Code. Reference: Calvert v. County of Yuba, (2007) 145 Cal.
						  App. 4th 613.
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 15 - Vested Rights Determination › Section 3965 - Effect of Vested Rights Determination. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 8-14-2008 as an emergency; operative 9-13-2008 (Register 2008,
						No. 33).
2. Repealer filed 12-12-2017; operative 4-1-2018 (Register
						2017, No. 50).
Note: Authority cited: Sections
						  2755
						  and
						  2775,
						  Public Resources Code. Reference: Calvert v. County of Yuba, (2007) 145 Cal.
						  App. 4th 613.
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 16 - Mining Ordinances › Section 4000 - Certification and Recertification of Mining Ordinances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon adoption of a new mining ordinance,
					 or amendment of an existing mining ordinance, a lead agency shall, within 30
					 days of such action, provide written notice of the complete text of the
					 resulting mining ordinance to the State Mining and Geology Board, to enable the
					 Board to review the ordinance in accordance with Public Resources Code Sections
					 2774.3,
					 2774.5(a)
					 and
					 2774.5(b).
(b) Where a lead agency has not provided the
					 Board with timely notice of the complete text of its mining ordinance,
					 consistent with subparagraph (a) herein, the mining ordinance shall not be
					 considered to be in accordance with state policy until the mining ordinance is
					 certified by the Board as being in accordance with state policy.
1. New
						article 16 (section
						4000) and section filed 1-13-2014;
						operative 4-1-2014 (Register 2014, No. 3).
Note: Authority cited: Section
						  2755,
						  Public Resources Code. Reference: Sections
						  2756,
						  2758,
						  2759,
						  2774.3,
						  2774.5(a),
						  2774.5(b)
						  and
						  2774.5(c),
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 3 - Department of Parks and Recreation › Chapter 1 - General › Section 4302 - Use of Facilities, Payment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No person shall use or be present in any portion of a unit
				  under control of the Department of Parks and Recreation for which a use fee has
				  been established by the Department, without paying such fee, with the exception
				  of units which require payment of fees upon exit. This shall not apply to state
				  officers and employees on official business nor to persons excepted by the
				  Department for administrative reasons.
1. Amendment
				  filed 5-25-79; effective thirtieth day thereafter (Register 79, No.
				  21).
2. Amendment filed 1-28-86; effective thirtieth day thereafter
				  (Register 86, No. 5).
3. Amendment filed 6-5-91; operative 7-5-91
				  (Register 91, No. 35).
Note: Authority cited: Section
					 5003,
					 Public Resources Code. Reference: Section
					 5010,
					 Public Resources Code.