1. (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 any substantial issues related to the review by the lead agency of the financial assurance cost estimate for reclamation for surface mining operations pursuant to Public Resources Code section 2770. If the Chair finds, based on the criteria stated in (a) through (c) below, that the appeal raises no substantial issues with respect to the review by the lead agency of the financial assurance cost estimate for surface mining operations under Public Resources Code section 2770, the Chair shall refuse to grant a hearing on the appeal. In making this determination, the Chair shall consider the following:

   1. (1) Whether the appeal raises any issues which legally can be addressed by the Board within the limits of Public Resources Code section 2770 and the rules of the Board;
   2. (2) Whether the appeal specifically relates to the lead agency's review of the financial assurance cost estimate submitted for surface mining operations pursuant to the provisions of Public Resources Code section 2770; and
   3. (3) Whether the appellant has exhausted all appeal remedies before the lead agency.
2. (b) The Board shall notify the lead agency of the determination of jurisdiction by the Chair or the Chair's designee.

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

History

1. New section filed 12-12-91; operative 12-12-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 9).

2. Amendment of section and Note filed 11-7-2019; operative 1-1-2020 (Register 2019, No. 45).