Appeals and Review
Cal. PRC § 3351
California Statutes
(
a) A hearing shall be provided in accordance with
Chapter 5 (commencing with
Section 11500) of Part of Division of Title of the Government Code only in an appeal from an order in the following circumstances:
(1) Issued pursuant to a
Section finding that the operator’s wells are deserted and should be plugged and abandoned.
(2) Imposing civil penalties totaling more than twenty-five thousand dollars ($25,000).
(3) Rescinding an entire injection project approval for a project that has already commenced.
(4) Imposing a life-of-well bond or a life-of-production facility bond. (
b) An order issued pursuant to
Section shall satisfy the substantive requirements of an accusation pursuant to
Section of the Government Code and may be filed when scheduling a formal hearing in accordance with this
chapter and
Chapter 5 (commencing with
Section 11500) of Part of Division of Title of the Government Code. All applicable formal hearing deadlines do not commence until a formal hearing is scheduled. When scheduling a formal hearing after an appeal from an order under this chapter, the supervisor is not required to send a Notice of Defense statement and the operator is not required to request a hearing. (
c) For an appeal of an order that is not described in subdivision (a), a hearing shall be conducted by the director in accordance with Sections and 3353. (
d) For an appeal of an order that is described in subdivision (
a) and is also an emergency order, a hearing shall be conducted by the director in accordance with Sections and for the limited purpose of considering the reasonableness of the supervisor’s determination that an emergency exists. All other penalties and requirements imposed by the order shall be considered at a hearing provided in accordance with