Section 20009.2 - Appeal Initiated by Commission: Hearing on Jurisdiction/Appealable Issue if Raised by an Interested Person; Hearing on Merits(a) In an appeal initiated by the Commission, any interested person may assert, prior to or at the onset of the hearing, that the appeal: (1) does not raise an issue within the Commission's jurisdiction; or(2) does not raise an appealable issue.(b) Where a party makes either assertion, the Commission shall hear and resolve the assertion prior to proceeding to the merits of the appeal. In such a case, 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) Where no such assertion is made, or where the Commission determines that the appeal raises an appealable issue within its jurisdiction, the Commission shall hear the appeal on the merits.Cal. Code Regs. Tit. 14, § 20009.2
1. New section 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 3-16-2009; operative 4-15-2009 (Register 2009, No. 12).