- (a) The Executive Director shall deny an application for a nonmaterial amendment to a major permit if he or she believes the proposed amendment would constitute a material alteration of the project and shall notify the applicant in writing of his or her reasons for that belief.
- (b) If the Executive Director denies an application for a nonmaterial amendment to a major permit because he or she believes it would result in a material alteration of the project, the applicant may appeal that determination by filing an application for a material amendment and note the fact of and the reason for the appeal.
- (c) If the applicant appeals the determination of the Executive Director to the full Commission by filing an application for a material amendment, the Commission shall, prior to holding a public hearing on the application, determine by a majority vote of those present and voting whether or not the proposed change will result in a material alteration of the project.
- (d) If the Commission determines that a proposed amendment will not result in a material alteration of the project, the Executive Director shall process the request as being for a nonmaterial amendment.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66632, Government Code; and Section 29520, Public Resources Code.
History
1. Renumbering and amendment of former Section 10821 to Section 11101, and renumbering and amendment of Section 10723 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Registers 80, No. 48 and 73, No. 16.