reglab/statecodes huggingface dataset:
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 3 - Timber Harvesting Plan Appeal Procedures › Section 1054.8 - Order of the Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Following the public hearing, the Board shall determine
						whether, upon the record before it, the Plan is in conformance with the Rules
						and regulations of the Board and the provisions of the Act. If the Board
						determines that the Plan is in conformance with the Rules and regulations of
						the Board and the provisions of the Act, it shall make its order approving the
						Plan. If the Board determines that the Plan is not in conformance with the
						regulations of the Board and the provisions of the Act, it shall make its order
						disapproving the Plan. Approval of the Plan by the Board constitutes
						authorization that Timber Operations may commence and be conducted in
						accordance with the Plan as approved and in accordance with Rules and
						regulations of the Board and the provisions of the Act. Timber Operations shall
						not take place where the Board disapproves the Plan. Disapproval of Plan shall
						be without prejudice to the applicant submitting a Plan at any later time
						complying with the Rules and regulations of the Board and the provisions of the
						Act. Where the Board approves the Plan, notice thereof shall be filed with the
						Secretary of Resources, and within 10 working days such notice shall be
						transmitted to the agencies and Persons referred to in
						14 CCR
						§
												1037.3, and for posting at the places
						referred to in
						14 CCR
						§
												1037.1. The order of approval shall
						include written response to significant environmental points raised during the
						appeal.
1.
						Renumbering former section
						1059 to section
						1054.8 filed 9-27-90; operative
						10-27-90 (Register 90, No. 45). For prior history, see Register 90, No.
						10.
2. Change without regulatory effect amending section filed
						10-31-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 44).
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 3 - Timber Harvesting Plan Appeal Procedures › Section 1055 - County Appeals Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board of Supervisors of a county for which Rules and
						regulations have been adopted pursuant to PRC §
											4516.5
						may appeal the Director's approval of a THP by doing the following:
(a) No later than ten days from the date of
					 approval, the county shall file with the Executive Officer of the State Board
					 of Forestry and Fire Protection at the State of California Resources Building,
					 715 P Street, Sacramento, CA 95814 or P.O. Box 944246, Sacramento, CA
					 94244-2460 and mail to the Plan submitter a statement containing:
(1) The name of the submitter of the Timber
					 Harvesting Plan;
(2) The number of
					 the Timber Harvesting Plan;
(3) The
					 location of the proposed Timber Operations;
(4) A concise summary of all facts upon which
					 the appeal is based;
(5) A copy of
					 or reference to all documents which support the appellant's position;
(6) The name and phone number of the county
					 staff member who will be the primary contact for purposes of the
					 appeal;
(7) A copy of the
					 authorization by the Board of Supervisors or its authorized designee for the
					 appeal and containing the specific finding that the public health and safety,
					 or the environment is threatened by the approval of the Timber Harvesting Plan
					 and what form that threat takes;
(8) Certification that the county
					 participated in the initial inspection of the Plan area with the Director and
					 participated in a multidisciplinary review of the Plan.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 3 - Timber Harvesting Plan Appeal Procedures › Section 1055.1 - Hearing on County Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board shall grant to a county that meets the
						requirements for filing an appeal an initial hearing to consider the county's
						request for an appeal at the next regularly scheduled Board meeting following
						the receipt of the request. The Board shall grant a hearing on an appeal by a
						county pursuant to PRC §
											4516.6
						if the Board finds that the appeal raises substantial issues with respect to
						public health and safety or to the environment. If the Board finds that the
						appeal raises no substantial issues with respect to public health and safety or
						to the environment, the Board shall refuse to grant a hearing on an appeal. In
						making this determination, the Board shall consider the following:
(a) Whether the appeal raises environmental
					 issues which can be addressed by the Board within the limits of the Public
					 Resources Code and the Rules of the Board; and
(b) Whether the appeal raises public health
					 and safety issues which involve threats to the lives, health, or property of
					 county residents.
1. New
						section filed 9-6-85; effective thirtieth day thereafter (Register 85, No.
						36).
2. Renumbering former section
						1055.6 to section
						1055.1 filed 9-27-90; operative
						10-27-90 (Register 90, No. 45). For prior history, see Register 85, No.
						36.
3. Change without regulatory effect amending section filed
						9-26-97 pursuant to section
						100, title 1, California Code of
						Regulations (Register 97, No. 39).
4. Change without regulatory
						effect amending section filed 10-31-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 44).
Note: Authority cited: Section
						  4516.6,
						  Public Resources Code. Reference: Sections
						  4516.5
						  and
						  4516.6,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 3 - Timber Harvesting Plan Appeal Procedures › Section 1055.2 - County Appeal 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 by a county no later than 30 days from the filing of the written
						statement of appeal, or at such later time as may be mutually agreed upon by
						the Board, the county, and the Plan submitter. The hearing may be scheduled as
						part of a regular meeting of the Board or may be conducted by a committee of
						the Board as provided in PRC §
											4516.6(d).
						Sufficient time must be provided for the notice of hearing in accordance with
						14 CCR
						§
												1055.3.
1.
						Renumbering former section
						1055.2 to section
						1054.2 and renumbering former
						section 1055.7 to section
						1055.2 filed 9-27-90; operative
						10-27-90 (Register 90, No. 45). For prior history, see Registers 85, No. 36 and
						90, No. 10.
2. Change without regulatory effect amending section and
						NOTE filed 2-17-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 7).
3. Change without regulatory
						effect amending section filed 10-31-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 44).
Note: Authority cited: Section
						  4516.6,
						  Public Resources Code. Reference: Sections
						  4516.5
						  and
						  4516.6,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 3 - Timber Harvesting Plan Appeal Procedures › Section 1055.3 - County Appeal Hearing Procedures-Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At least 15 days prior to the hearing,
					 the Board shall give public notice as follows:
(1) Mailing the notice to the county and the
					 Plan submitter and sending the notice to the Director for distribution as
					 provided in subsection (2)-(5) below;
(2) Mailing the notice to any Person who has
					 submitted written comment on the Plan and to any Person who requests notice of
					 the appeal or hearing;
(3) Posting
					 of the notice in a conspicuous location available to the public in the
					 appropriate CAL FIRE Review Team Office;
(4) Posting of the notice at the place where
					 notices are customarily posted at the county courthouse of the county within
					 which the proposed Timber Operations are to take place;
(5) Any other dissemination of the notice
					 determined to be appropriate by the Director to provide full participation in
					 the hearing by the interested public.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 3 - Timber Harvesting Plan Appeal Procedures › Section 1055.4 - County Appeal Hearing Procedures-Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The record before the Board upon the public hearing shall
						be as follows:
(a) The timber
					 harvesting Plan;
(b) All reports,
					 findings, communications, correspondence, and statements in the file of the
					 Department relating to the Plan.
1.
						Renumbering former section
						1055.4 to section
						1054.3 and renumbering former
						section 1055.9 to section
						1055.4 filed 9-27-90; operative
						10-27-90 (Register 90, No. 45). For prior history, see Registers 85, No. 36 and
						90, No. 10.
2. Change without regulatory effect amending section
						filed 10-31-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 44).
Note: Authority cited: Section
						  4516.6,
						  Public Resources Code. Reference: Sections
						  4516.5
						  and
						  4516.6,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 3 - Timber Harvesting Plan Appeal Procedures › Section 1055.5 - County Appeal 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 record;
(2)
					 Statements on behalf of the county;
(3) Statements on behalf of Person submitting
					 the Plan;
(4) Statements of members
					 of the public;
(5) Motion to close
					 public hearing.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 3 - Timber Harvesting Plan Appeal Procedures › Section 1055.6 - County Appeal Hearing Procedures-Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Following the public hearing, the Board shall determine
						whether, upon the record before it, the Plan is in conformance with the Rules
						and regulations of the Board and the provisions of the Act. If the Board
						determines that the Plan is in conformance with the Rules and regulations of
						the Board and the provisions of the Act, it shall make its order approving the
						Plan. If the Board determines that the Plan is not in conformance with the
						regulations of the Board and the provisions of the Act, it shall make its order
						disapproving the Plan. Approval of the Plan by the Board constitutes
						authorization that Timber Operations may commence and be conducted in
						accordance with the Plan as approved and in accordance with Rules and
						regulations of the Board and the provisions of the Act. Timber Operations shall
						not take place where the Board disapproves the Plan.
Disapproval of Plan shall be without prejudice to the
						applicant submitting a Plan at any later time complying with the Rules and
						regulations of the Board and the provisions of the Act. Where the Board
						approves the Plan, notice thereof shall be filed with the Secretary of
						Resources, and within 10 working days such notice shall be transmitted to the
						agencies and Persons referred to in
						14 CCR
						§
												1037.3, and for posting at the places
						referred to in
						14 CCR
						§
												1037.1. The order of approval shall
						include written response to significant points raised in the
						appeal.
1.
						Renumbering former section
						1055.6 to section
						1055.1 and renumbering former
						section 1055.11 to section
						1055.6 filed 9-27-90; operative
						10-27-90 (Register 90, No. 45). For prior history, see Register 85, No.
						36.
2. Change without regulatory effect amending section filed
						10-31-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 44).
Note: Authority cited: Section
						  4516.6,
						  Public Resources Code. Reference: Sections
						  4516.5
						  and
						  4516.6,
						  Public Resources Code; and Sections
						  1037.1 and
						  1037.3, Title 14, California Code
						  of Regulations.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 3 - Timber Harvesting Plan Appeal Procedures › Section 1055.7 - County Appeal Hearing Procedures-Scheduling. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 9-6-85; effective thirtieth day thereafter (Register 85, No.
						36).
2. Renumbering former section
						1055.7 to section
						1055.2 filed 9-27-90; operative
						10-27-90 (Register 90, No. 45).
Note: Authority cited: Section
						  4516.6,
						  Public Resources Code. Reference: Sections
						  4516.5
						  and
						  4516.6,
						  Public Resources Code; and Section
						  1055.8, Title 14, California Code
						  of Regulations.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 3 - Timber Harvesting Plan Appeal Procedures › Section 1055.8 - County Appeal Hearing Procedures-Notice. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 9-6-85; effective thirtieth day thereafter (Register 85, No.
						36).
2. Renumbering former section
						1055.8 to
						1055.3 filed 9-27-90; operative
						10-27-90 (Register 90, No. 45).
Note: Authority cited: Section
						  4516,
						  Public Resources Code. Reference: Sections
						  4516.5
						  and
						  4516.6,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 3 - Timber Harvesting Plan Appeal Procedures › Section 1055.9 - County Appeal Hearing Procedures-Record. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 9-6-85; effective thirtieth day thereafter (Register 85, No.
						36).
2. Renumbering former section
						1055.9 to section
						1055.4 filed 9-27-90; operative
						10-27-90 (Register 90, No. 45).
Note: Authority cited: Section
						  4516.6,
						  Public Resources Code. Reference: Sections
						  4516.5
						  and
						  4516.6,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 3 - Timber Harvesting Plan Appeal Procedures › Section 1055.10 - County Appeal Hearing Procedures-Sequence. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 9-6-85; effective thirtieth day thereafter (Register 85, No.
						36).
2. Renumbering former section
						1055.10 to section
						1055.5 filed 9-27-90; operative
						10-27-90 (Register 90, No. 45).
Note: Authority cited: Section
						  4516.6,
						  Public Resources Code. Reference: Sections
						  4516.5
						  and
						  4516.6,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 3 - Timber Harvesting Plan Appeal Procedures › Section 1055.11 - County Appeal Hearing Procedures-Order. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 9-6-85; effective thirtieth day thereafter (Register 85, No.
						36).
2. Renumbering former section
						1055.11 to section
						1055.6 filed 9-27-90; operative
						10-27-90 (Register 90, No. 45).
3. Editorial correction of NOTE
						(Register 95, No. 41).
Note: Authority cited: Section
						  4516.6,
						  Public Resources Code. Reference: Sections
						  4516.5
						  and
						  4516.6,
						  Public Resources Code; Sections
						  1037.1 and
						  1037.3, Title 14, California Code
						  of Regulations.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 3 - Timber Harvesting Plan Appeal Procedures › Section 1056 - Head of Agency Appeals Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The State Water Resources Control Board (SWRCB) or the
						Director of the CDFW pursuant to PRC §
											4582.9
						may appeal the Director's approval of a THP, or Substantial Deviation
						(14 CCR
						§§
												1036 and
						1039) by doing the
						following:
(a) No later than ten days
					 form the date of THP approval, the SWRCB or CDFW shall file with the Executive
					 Officer of the State Board of Forestry and Fire Protection and mail to the Plan
					 submitter and Director of CAL FIRE a statement containing:
(1) The name of the submitter of the
					 THP;
(2) The number of the THP
					 assigned by CAL FIRE;
(3) The
					 location of the proposed Timber Operations as described in the Notice of
					 Intent;
(4) A concise summary of
					 all facts upon which the appeal is based;
(5) A copy of or reference to all documents
					 within the official THP record which support the appellant's
					 position;
(6) The name and phone
					 number of the SWRCB designee or CDFW staff member who will be the primary
					 contact for purposes of the appeal;
(7) A copy of the authorization by the SWRCB
					 or CDFW or its authorized designee for the appeal and containing the specific
					 finding that the environment or the public health, safety, or general welfare
					 is threatened by the approval of the THP or Substantial Deviation and what form
					 that threat takes;
(8)
					 Certification that the SWRCB or RWCQB or CDFW participated in a
					 multidisciplinary review of the Plan including an on site inspection prior to
					 Plan approval.
(9) A statement that
					 the Timber Operations are not to proceed until the appeal has been acted on by
					 the Board as stated in PRC §
												4582.9.
(10) A copy of regulations pertaining to
					 head-of-agency appeals.
(11) A
					 statement to contact the Board for other information about the hearing
					 process.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 3 - Timber Harvesting Plan Appeal Procedures › Section 1056.1 - Hearing on Head of Agency Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Chairman of the State Board of Forestry and Fire
						Protection (Board) shall, without being required to consult other members of
						the Board, within five (5) working days of receiving the appeal grant a hearing
						on an appeal by SWRCB or CDFW pursuant to PRC §
											4582.9
						if the Chairman finds that the appeal raises substantial issues with respect to
						the environment or to public safety. If the Chairman finds that the appeal
						raises no substantial issues with respect to the environment or to public
						safety, he or she shall refuse to grant a hearing on an appeal. The Chairman
						will inform the appealing agency, the Plan submitter, and the Department of his
						or her decision. In making this determination, the Chairman shall consider the
						following:
(a) Whether the appeal
					 raises environmental issues which can be addressed by the Board within the
					 limits of the PRC and the Rules of the Board and other applicable laws;
					 and
(b) Whether the appeal raises
					 public safety issues which involve threats to the lives, health, or property of
					 state residents.
1. New
						section filed 9-27-90; operative 10-27-90 (Register 90, No. 45).
2.
						Change without regulatory effect amending first paragraph and subsection (a)
						filed 2-17-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 7).
3. Change without regulatory
						effect amending section filed 10-31-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 44).
Note: Authority cited: Section
						  4582.9,
						  Public Resources Code. Reference: 4582.9, Public Resources
						  Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 3 - Timber Harvesting Plan Appeal Procedures › Section 1056.2 - Head of Agency Appeal 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 by SWRCB or CDFW no later than 30 days from the filing of the written
						statement of appeal, or at such later time as may be mutually agreed upon by
						the Board, the appellant(s), and the Plan submitter. The hearing may be
						scheduled as part of a regular meeting of the Board or may be conducted by a
						committee of the Board as provided in PRC §
											4582.9(d).
						Sufficient time must be provided for the notice of hearing in accordance with
						14 CCR
						§
												1056.3.
1.
						Renumbering former section
						1056.2 to section
						1054.5 and new section filed
						9-27-90; operative 10-27-90 (Register 90, No. 45). For prior history, see
						Register 83, No. 33.
2. Change without regulatory effect amending
						section filed 2-17-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 7).
3. Change without regulatory
						effect amending section filed 10-31-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 44).
Note: Authority cited: Section
						  4582.9,
						  Public Resources Code. Reference: Section
						  4582.9,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 3 - Timber Harvesting Plan Appeal Procedures › Section 1056.3 - Head of Agency Appeal Procedures-Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At least 15 days prior to the hearing,
					 the Board shall give public notice as follows:
(1) Mailing the notice to the SWRCB designee
					 or CDFW, and the Plan submitter and sending the notice to the Director for
					 distribution as provided in subsection (2) - (5) below;
(2) Mailing the notice to any Person who has
					 submitted written comment on the Plan and to any Person who requests notice of
					 the appeal or hearing;
(3) Posting
					 of the notice in a conspicuous location available to the public in the
					 appropriate CAL FIRE Review Team Office and Unit Headquarters;
(4) Posting of the notice at the place where
					 notices are customarily posted at the county courthouse of the county within
					 which the proposed Timber Operations are to take place;
(5) Any other dissemination of the notice
					 determined to be appropriate by the Director to provide participation in the
					 hearing by the interested public.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 3 - Timber Harvesting Plan Appeal Procedures › Section 1056.4 - Head of Agency Appeal Hearing Procedures-Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The record before the Board upon completion of the public
						hearing shall be as follows:
(a) The
					 THP, or Substantial Deviation.
(b)
					 All reports, findings, communications, correspondence, and statements in the
					 file of the Department relating to the Plan at the time of approval.
(c) Arguments from the appealing agency, Plan
					 submitter, and the public related to the material in the record.
1. New
						section filed 9-27-90; operative 10-27-90 (Register 90, No. 45).
2.
						Change without regulatory effect amending section filed 10-31-2017 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2017, No. 44).
Note: Authority cited: Section
						  4582.9,
						  Public Resources Code. Reference: Section
						  4582.9,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 3 - Timber Harvesting Plan Appeal Procedures › Section 1056.5 - Head of Agency Appeal 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 record by CAL FIRE;
(2) Statements on behalf of the appealing
					 agency;
(3) Statements on behalf of
					 Person submitting the Plan;
(4)
					 Statements of members of the public, including other interested
					 agencies;
(5) Response on behalf of
					 CAL FIRE "Chairman or designee"
(6)
					 Motion to close public hearing;
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 3 - Timber Harvesting Plan Appeal Procedures › Section 1056.6 - Head of Agency Appeal Hearing Procedures-Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board has 10 days following the public hearing to
						determine whether, upon the record before it, the Plan is in conformance with
						the Rules and regulations of the Board, the provisions of the Act and all other
						applicable provisions of law, including the Timberland Productivity Act. If the
						Board determines that the Plan is in conformance with the Rules and regulations
						of the Board, the provisions of the Act and other applicable laws, it shall
						make its order approving the Plan within 10 days of conclusion of the hearing.
						If the Board determines that the Plan is not in confomance with the regulations
						of the Board, the provisions of the Act, and other applicable laws, it shall
						make its order disapproving the Plan within 10 days of conclusion of the
						hearing. Approval of the Plan by the Board constitutes authorization that
						Timber Operations may commence upon filing of the order of approval with the
						Secretary of Resources. Operations shall be conducted in accordance with the
						Plan as approved by CAL FIRE and in accordance with the Rules and regulations
						of the Board and the provisions of the Act, and other applicable laws. Timber
						Operations shall not take place where the Board disapproves the Plan.
						Disapproval of a Plan shall be without prejudice to the applicant submitting a
						Plan at any later time complying with the Rules and regulations of the Board
						and the provisions of the Act. The Board may set forth in the order of
						disapproval conditions under which it believes the Plan would have been
						approved. Where the Board approves the Plan, the order there of shall be filed
						with the Secretary of Resources within 10 working days of decision, such order
						of approval shall be transmitted to the Plan submitter, CAL FIRE, and the
						appealing agency(ies), and for posting at the places referred to in
						14 CCR
						§
												1056.3. Their order of approval shall
						include written response to significant points raised in the
						appeal.
1. New
						section filed 9-27-90; operative 10-27-90 (Register 90, No. 45).
2.
						Change without regulatory effect amending section filed 10-31-2017 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2017, No. 44).
Note: Authority cited: Section
						  4582.9,
						  Public Resources Code. Reference: Section
						  4582.9,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 3.2 - Administrative Penalty Hearing Procedures › Section 1057 - Purpose of Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The regulations contained in this article govern
						procedures for request(s) for hearing(s) to the Board of Forestry and Fire
						Protection pursuant to Public Resources Code (PRC) §
											4601.2 concerning issuance of an
						administrative penalty by the Director of the Department of Forestry and Fire
						Protection.
1.
						Renumbering former section
						1057 to section
						1054.6 filed 9-27-90; operative
						10-27-90 (Register 90, No. 45). For prior history, see Register 90, No.
						10.
2. New article 3.2 (sections
						1057-1058.5) and section filed
						11-29-2001; operative 1-1-2002 pursuant to Public Resources Code section
						4551.5
						(Register 2001, No. 48).
Note: Authority cited: Sections
						  4551.5
						  and
						  4553,
						  Public Resources Code. Reference: Section
						  11506,
						  Government Code; and Sections
						  4601.1
						  and
						  4601.2,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 3.2 - Administrative Penalty Hearing Procedures › Section 1057.1 - Filing of Petition and Notice of Defense/Request for Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any Person filing a petition to the Board pursuant to PRC
						§
											4601.2
						concerning the issuance of an administrative penalty by the Director shall,
						within ten (10) days of service of the complaint and proposed order setting an
						administrative penalty, file a Notice of Defense/Request for Hearing with the
						Board requesting a hearing. The Notice of Defense/Request for Hearing shall be
						on the form set forth in §
											1057.5 of this article and shall
						supply the following information to the Board:
(a) Written statements, with supporting
					 documentation, indicating specifically the basis for the petitioner's challenge
					 of the Director's complaint and proposed order of administrative
					 penalty;
(b) A written statement
					 advising the Board of the name, address and telephone number of the
					 petitioner's representative, if any.
1. New
						section filed 11-29-2001; operative 1-1-2002 pursuant to Public Resources Code
						section
						4551.5
						(Register 2001, No. 48).
2. Change without regulatory effect
						amending first paragraph filed 10-31-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 44).
Note: Authority cited: Sections
						  4551.5
						  and
						  4553,
						  Public Resources Code. Reference: Section
						  11505 Government Code; and
						  Sections
						  4601.1
						  and
						  4601.2,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 3.2 - Administrative Penalty Hearing Procedures › Section 1057.2 - Failure to Request Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the petitioner fails to file a Notice of
						Defense/Request for Hearing within the time period referenced in §
											1057.1 of this article, the Board
						shall adopt the Director's Complaint and Proposed Order without
						hearing.
1. New
						section filed 11-29-2001; operative 1-1-2002 pursuant to Public Resources Code
						section
						4551.5
						(Register 2001, No. 48).
2. Change without regulatory effect
						amending section filed 10-31-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 44).
Note: Authority cited: Sections
						  4551.5
						  and
						  4553,
						  Public Resources Code. Reference: Section
						  11520(a),
						  Government Code; and Sections
						  4601.1
						  and
						  4601.2,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 3.2 - Administrative Penalty Hearing Procedures › Section 1057.3 - Hearing Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A hearing shall be conducted within 180 days of the date
						on which the petitioner was served with the complaint and proposed order
						provided a timely request for a hearing has been received. The Chairperson of
						the Board may delegate the conduct of the hearing to a committee of the Board,
						which shall be composed of at least three (3) members of the Board, or elect to
						utilize an Administrative Law Judge assigned in accordance with Government Code
						§
											11370.3.
						If the Chairperson delegates the matter to a committee of the Board, a majority
						of the committee members shall not have a financial interest in the forest
						products or range industry. The committee may exercise any power the Board may
						exercise in any action under this article.
If the matter is heard before the full Board or a
						committee of the Board, the Chairperson may elect to use an Administrative Law
						Judge or a representative from the Office of the Attorney General to preside
						over the hearing. If the matter is to be assigned to an Administrative Law
						Judge, the Chairperson shall indicate if the Administrative Law Judge is to
						provide a Proposed Decision for review by the Board, or, in the alternative, if
						the Decision of the Administrative Law Judge is final. In the event that the
						matter is delegated to an Administrative Law Judge, the proceedings shall be
						conducted in accordance with the provisions of Chapter 5 (commencing with
						§
											11500) of Part 1, Division 3,
						Title 2 of the Government Code.
1. New
						section filed 11-29-2001; operative 1-1-2002 pursuant to Public Resources Code
						section
						4551.5
						(Register 2001, No. 48).
Note: Authority cited: Sections
						  4551.5
						  and
						  4553,
						  Public Resources Code. Reference: Section
						  11512 et seq. Government Code; and
						  Sections
						  4601.1
						  and
						  4601.2,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 3.2 - Administrative Penalty Hearing Procedures › Section 1057.4 - Administrative Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Administrative Record shall consist of the
						following:
(a) the record developed
					 and evidence submitted during the hearing before an Administrative Law Judge,
					 including but not limited to the Proposed Decision and Findings of Fact, when
					 the hearing was conducted before an Administrative Law Judge; or,
(b) the Complaint and Proposed Order from the
					 Director, evidence submitted by the Director, evidence submitted on behalf of
					 the petitioner, any other relevant evidence which, in the judgement of the
					 Board, should be considered applicable, and testimony presented during the
					 hearing on the petition if the hearing is conducted before the Board.
1. New
						section filed 11-29-2001; operative 1-1-2002 pursuant to Public Resources Code
						section
						4551.5
						(Register 2001, No. 48).
Note: Authority cited: Sections
						  4551.5
						  and
						  4553,
						  Public Resources Code. Reference: Sections
						  4601.1
						  and
						  4601.2,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 3.2 - Administrative Penalty Hearing Procedures › Section 1057.5 - Petition and Notice of Defense/Request for Hearing Form

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
BEFORE THE BOARD OF FORESTRY AND FIRE PROTECTION
						FOR THE STATE OF CALIFORNIA
In the Matter of:
CAL FIRE Docket No.:
NOTICE OF DEFENSE; REQUEST FOR
								HEARING
RESPONDENT.
I, the undersigned and respondent named in this
						proceeding, hereby acknowledge receipt of a copy of the Complaint and Proposed
						Order against me.
I hereby request a hearing in this proceeding to permit
						me to present my defense to the allegations contained in the Statement of
						Issues.
___________________________
Dated:
____________________
Signed
___________________________
______________________________________(or attorney for
						respondent)
1. New
						section filed 11-29-2001; operative 1-1-2002 pursuant to Public Resources Code
						section
						4551.5
						(Register 2001, No. 48).
2. Change without regulatory effect
						amending section filed 10-31-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 44).
Note: Authority cited: Sections
						  4551.5
						  and
						  4553,
						  Public Resources Code. Reference: Section
						  11517,
						  Government Code; and Sections
						  4601.1
						  and
						  4601.2,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 3.2 - Administrative Penalty Hearing Procedures › Section 1058 - Hearing Procedures-Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Board or committee of the Board holds a hearing on
						the matter, the following shall apply:
(a) At least twenty (20) days prior to the
					 hearing, the Board shall give public notice as follows:
(1) Mailing or delivering by personal service
					 the notice to the petitioner;
(2)
					 Mailing or delivering by personal service the notice to the Director;
(3) Mailing the notice to any Person who
					 requests notice of the petition or hearing; and
(4) Mailing the notice to the Board's regular
					 mailing list.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 3.2 - Administrative Penalty Hearing Procedures › Section 1058.1 - 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 11-29-2001; operative 1-1-2002 pursuant to Public Resources Code
						section
						4551.5
						(Register 2001, No. 48).
Note: Authority cited: Sections
						  4551.5
						  and
						  4553,
						  Public Resources Code. Reference: Section
						  11512(d),
						  Government Code; and Sections
						  4601.1
						  and
						  4601.2,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 3.2 - Administrative Penalty Hearing Procedures › Section 1058.2 - Hearing Procedures-Use of Board Hearing Procedure and Sequence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Board shall
					 conduct the petition hearing under this article in accordance with the
					 provisions of Chapter 5 (commencing with §
											11500) of Part 1, Division 3,
					 Title 2 of the Government Code. The 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.
(b) The hearing shall normally proceed in the
					 following manner:
(1) Identification of any
					 written material submitted to the Board prior to the hearing;
(2) Statements on behalf of the petitioner
					 and submission of evidence;
(3)
					 Cross Examination of petitioner's statements;
(4) Statements on behalf of the Director and
					 submission of evidence;
(5) Cross
					 Examination of Director's statements;
(6) Rebuttal on behalf of the
					 petitioner;
(7) Rebuttal on behalf
					 of the Director;
(8) Closing
					 statements on behalf of petitioner and Director;
(9) Motion to close the
					 hearing.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 3.2 - Administrative Penalty Hearing Procedures › Section 1058.3 - Hearing Procedures-Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Following the hearing, the Board shall
					 determine:
(1) Whether the alleged violations
					 cited in the Director's Proposed Order are supported by substantial evidence in
					 light of the whole record (as defined in §
												1057.4) before it; and
(2) Whether to affirm, modify, or set aside,
					 in whole or in part, the administrative penalty issued by the
					 Director.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 3.2 - Administrative Penalty Hearing Procedures › Section 1058.4 - Review of Proposed Decision and Findings of Fact

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Board Chairperson has assigned the hearing to an
						Administrative Law Judge and requested a Proposed Decision and Findings of
						Fact, the Board shall set on their agenda a review and discussion of the
						Proposed Decision and Findings of Fact at its next regularly scheduled meeting,
						where a quorum is present, following the receipt of the Proposed Decision and
						Findings of Fact from the Office of Administrative Hearings. Public notice of
						the agenda item shall be provided to those Persons listed in §
											1058 not less than ten (10) days
						prior to the Board meeting.
1. New
						section filed 11-29-2001; operative 1-1-2002 pursuant to Public Resources Code
						section
						4551.5
						(Register 2001, No. 48).
2. Change without regulatory effect
						amending section filed 10-31-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 44).
Note: Authority cited: Sections
						  4551.5
						  and
						  4553,
						  Public Resources Code. Reference Section
						  11517,
						  Government Code; and Sections
						  4601.1
						  and
						  4601.2,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 1.5 - Department of Forestry and Fire Protection › Chapter 4 - Forest Practices › Subchapter 7 - Administration › Article 3.2 - Administrative Penalty Hearing Procedures › Section 1058.5 - Determination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The adoption, rejection or modification of the Proposed
						Decision, including the various procedural requirements and notifications,
						shall follow the process set forth in Chapter 5 (commencing with §
											11500) of Part 1, Division 3,
						Title 2 of the Government Code, except that the Board shall make a written
						determination within forty-five (45) days of the date the Board first
						considered the proposed decision unless hearing transcripts are requested. If
						the Board orders transcripts of the proceedings before the Administrative Law
						Judge, the Board shall make a written determination within sixty (60) days of
						the receipt of those transcripts.
1. New
						section filed 11-29-2001; operative 1-1-2002 pursuant to Public Resources Code
						section
						4551.5
						(Register 2001, No. 48).
2. Amendment filed 10-28-2002; operative
						1-1-2003 pursuant to Public Resources Code section
						4551.5
						(Register 2002, No. 44).
3. Change without regulatory effect
						amending section filed 10-31-2017 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2017, No. 44).
Note: Authority cited: Sections
						  4551.5
						  and
						  4553,
						  Public Resources Code. Reference Section
						  11517,
						  Government Code; and Sections
						  4601.1
						  and
						  4601.2,
						  Public Resources Code.