Section 3691.4 - Administrative Record(a) Once the Division has been notified that a determination has been made that an appeal is within the jurisdiction of the Board for purposes of hearing the appeal, the Division shall submit 3 copies of the administrative record which the lead agency shall certify as being a complete record of the documents and information submitted to and considered by the lead agency regarding the approval of the financial assurance cost estimate. The certified administrative record shall include, but shall not be limited to, all of the following information: (1) A copy of the lead agency approved reclamation plan for the mining operation and any permit conditions or California Environmental Quality Act mitigations which pertain to reclamation for which the financial assurance cost estimate for reclamation is proposed;(2) Written transcripts of all public hearings related to the lead agency's approval of the financial assurance cost estimate.(3) The financial assurance cost estimate and all supporting documents which the lead agency submitted to the Division for comment pursuant to Public Resources Code section 2773.4, along with comments submitted to the lead agency by the Division, and any supporting documentation.(4) Any documents or information exchanged during a consultation requested by the Division pursuant to Public Resources Code 2773.4, subdivisions (c)(5)(A) or (d)(5)(C)(i).(b) Failure of the Division to request the certified administrative record from the lead agency within 15 days of receiving the notice stating the Board's acceptance of the appeal, shall be grounds for dismissal of the appeal. Where the Division received the certified administrative record prior to receipt of the Board's acceptance of the appeal, the Division shall submit the certified administrative record within 10 days of receipt of the determination of jurisdiction. Where the Division receives the certified administrative record within 15 working days after requesting it or other agreed upon date with the lead agency, the Division shall submit the certified administrative record to the Board within 10 days of receipt. In any case, the Division shall advise the Board of the date upon which the certified administrative record was requested from the lead agency.(c) If the Division is unable to obtain the certified administrative record from the lead agency within 15 working days after submission of the request for the record, or by a date agreed to by the Division and lead agency, whichever is later, the Division shall notify the Board in writing.(d) Where the Division notifies the Board pursuant to subdivision (c) of this section, the Board shall then require the lead agency to submit 3 certified copies of the administrative record to the Board within 30 days.(e) Failure of the lead agency to produce the certified administrative record upon request of the Board within 30 days shall be grounds for Board action based on information provided only by the Division and the operator.(f) Where the lead agency has failed to produce the certified administrative record pursuant to subdivision (e) upon request of the Board, the administrative record shall be considered complete for purposes of scheduling the hearing pursuant to Public Resources Code section 2770 (f)(2).(g) Along with the submission of the certified administrative record to the Board, the Division shall also provide copies of any estimates developed by the Division for the cost of reclamation for any specific aspect of reclamation in accordance with the approved reclamation plan and/or statements with any supporting documents challenging the basis for any specific aspect of reclamation in accordance with the approved reclamation plan.(h) Costs associated with the preparation of the administrative record are included within those costs incurred by lead agencies under Public Resources Code section 2207, subdivision (e).Cal. Code Regs. Tit. 14, § 3691.4
1. New section filed 11-7-2019; operative 1-1-2020 (Register 2019, No. 45). Note: Authority cited: Sections 2755, 2759 and 2770, Public Resources Code. Reference: Section 2770, Public Resources Code.
1. New section filed 11-7-2019; operative 1/1/2020 (Register 2019, No. 45).