1. (a) The Chair of the Board, or the Chair's designee, shall determine whether, based on the information required by Section 3940.5 of this article, the appeal of the order to comply is within the jurisdiction of the Board for the purposes of hearing the appeal and determine whether the appeal raises substantial issues related to the validity of the allegations contained in the order to comply. If the Chair or the Chair's designee finds based on the criteria listed in (1) and (2) below, that the appeal raises no substantial issues with respect to the allegations supporting the order to comply, or has not been filed within statutory time limits, then no hearing shall be scheduled and the appeal shall be denied. In making this determination, the Chair, or the Chair's designee, shall consider the following:

   1. (1) Whether the filing of the appeal with the Board is within the time limits provided for in Public Resources Code Section 2774.1(a)(3)(B);
   2. (2) Whether the appeal specifically addresses the alleged violations contained in the order to comply, and together with any supporting documentation, is reasonably sufficient to substantiate the operator's appeal of the order to comply.
2. (b) The Chair of the Board or Chair's designee shall make such a determination within 15 days of receipt of an appeal of an order to comply. The Board shall notify the appellant and the supervisor of its determination by certified mail or personal service.

Note: Authority cited: Section 2755, Public Resources Code. Reference: Section 2774.1, Public Resources Code.

History

1. New section filed 10-1-2002; operative 10-31-2002 (Register 2002, No. 40).

2. Amendment filed 7-14-2021; operative 10-1-2021 (Register 2021, No. 29). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.