Cal. Code Regs. tit. 14 § 3901

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 3901 - Filing of Petition/Notice of Defense

Any person filing a petition to the Board pursuant to Public Resources Code Section 2774.2 concerning the issuance of an administrative penalty by the supervisor of the Division of Mine Reclamation shall, within 30 days of the date of issuance of the order setting an administrative penalty, file a petition/notice of defense with the Board requesting a hearing. The petition/notice of defense shall be on the form set forth in Section 3911 of this article, or shall supply the following information to the Board. Failure to submit all the following documents within the 30 days filing period will result in an incomplete filing and an automatic rejection of the appeal.

(1) Written statements, with supporting documentation, indicating specifically the basis for the petitioner's challenge of the supervisor's order of administrative penalty;

(2) A written statement advising the Board of the name, address and telephone number of the petitioner's representative, if any;

Cal. Code Regs. Tit. 14, § 3901

Note: Authority cited: Sections 2755 and 2774.2, Public Resources Code. Reference: Section 2774.2, Public Resources Code.

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).
3. Amendment of first paragraph filed 9-30-2002; operative 10-30-2002 (Register 2002, No. 40).
4. Change without regulatory effect amending first paragraph and subsection (1) filed 6-21-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 25).