Cal. Code Regs. tit. 14 § 3651

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 3651 - Determination of Jurisdiction

(a) The Chair of the Board, or the Chair's designee (Board Member), shall determine whether the appeal is within the jurisdiction of the Board for purposes of hearing the appeal, and determine whether the appellant's challenge raises substantial issues related to the lead agency's review of reclamation plans or plan amendments submitted for surface mining operations pursuant to the provisions of PRC Section 2770. If the Chair finds, based upon the criteria stated in (1), (2), and (3) below, that the appeal raises no substantial issues with respect to the lead agency's review of reclamation plans submitted for surface mining operations pursuant to the provisions of PRC Section 2770, the Chair shall refuse to grant a hearing on the appeal. In making these determinations, the Chair shall consider the following:

(1) Whether the appeal raises any issues which can legally be addressed by the Board within the limits of PRC Section 2770(e); and

(2) Whether the appeal specifically relates to the lead agency's review of reclamation plans or plan amendments submitted for surface mining operations pursuant to the provisions of PRC Section 2770; and

(3) Whether the appellant exhausted all appeal remedies before the lead agency.

Cal. Code Regs. Tit. 14, § 3651

1. New section filed 1-3-89; operative 2-2-89 (Register 89, No. 2).
2. Change without regulatory effect amending first paragraph and subsection (a) filed 5-1-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 18).
3. Change without regulatory effect amending first paragraph and subsection (b) filed 8-9-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 32).
4. Amendment of section and NOTE filed 3-10-2021; operative 7-1-2021 (Register 2021, No. 11). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

Note: Authority cited: Sections 2755, 2759 and 2770, Public Resources Code. Reference: Section 2770(e), Public Resources Code.

1. New section filed 1-3-89; operative 2-2-89 (Register 89, No. 2).
2. Change without regulatory effect amending first paragraph and subsection (a) filed 5-1-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 18).
3. Change without regulatory effect amending first paragraph and subsection (b) filed 8-9-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 32).
4. Amendment of section and Note filed 3-10-2021; operative 7/1/2021 (Register 2021, No. 11). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.