Section 20008 - Aggrieved Person Appeal: Hearing on Commission Jurisdiction/Appealable Issue(a) The Commission's appellate review of an aggrieved person appeal shall be conducted in a hearing composed of two sequential phases, held in accordance with the provisions of Public Resources Code § 29770. At the first available Commission meeting occurring at least 15 working days after the filing of an appeal, but in no event more than 60 calendar days after a filing, the Commission shall conduct an initial hearing and determine by majority vote whether the appeal: (1) fails to raise an issue within the Commission's jurisdiction; or(2) does not raise an appealable issue.(b) If the Commission finds either that the appeal fails to raise an issue within the Commission's jurisdiction or that it fails to raise an appealable issue, the Commission shall dismiss the appeal. That dismissal constitutes final Commission action from which judicial review may be taken under Public Resources Code § 29772.(c) The Commission shall make the determination set forth in subsection (a) only after Commission staff has presented a recommendation, orally or in writing, on the questions presented. Staff are strongly encouraged, but not mandated, to make written as opposed to oral recommendations. Any written staff recommendation is a public record which shall be made available for public inspection at least five working days prior to the hearing.Cal. Code Regs. Tit. 14, § 20008
1. New section filed 3-7-94; operative 4-6-94 (Register 94, No. 10).
2. Amendment of section heading, section and NOTE filed 3-16-2009; operative 4-15-2009 (Register 2009, No. 12). Note: Authority cited: Sections 29752 and 29770, Public Resources Code. Reference: Sections 29770- 29772, Public Resources Code.
1. New section filed 3-7-94; operative 4-6-94 (Register 94, No. 10).
2. Amendment of section heading, section and Note filed 3-16-2009; operative 4-15-2009 (Register 2009, No. 12).