2007 California Public Resources Code Article 6. Appeals And Review

CA Codes (prc:3350-3359)

3350.  The lessor, lessee, or any operator or any well owner, or the
owner of any rig, derrick, or other operating structure, or his
local agent, shall within 10 days from the date of the service of any
order from the supervisor or a district deputy, other than the order
contemplated by Section 3308, either comply with the order or file
with the supervisor or the district deputy a written statement that
the order is not acceptable, and that appeal from the order is taken
to the director under the provisions of this chapter.
   Any lessor, lessee, or operator affected by an order made pursuant
to Section 3308 may, within 10 days from the posting of the copy of
the order, file with the supervisor a written appeal therefrom to the
director under the provisions of this chapter.
   Any such appeal shall operate as a stay of any order issued
pursuant to this chapter.


3351.  Immediately upon filing of a notice of appeal, the director
shall call for a public hearing upon the appeal.
   The hearing upon the appeal before the director shall be de novo
and at such place in the district as the director may designate.




3352.  Within 10 days from the date of the taking of the appeal, a
minimum 20 days notice in writing shall be given to the appellant of
the time and place of the hearing.  If the director determines that
there is an immediate threat to human health and safety or to the
environment, the director may shorten the notice period to 10 days.
For good cause, and if the director determines that there is not an
immediate threat, the director may postpone the hearing, on the
application of the appellant, the supervisor, or the district deputy,
for a period not to exceed 30 days.



3353.  (a) The director, after hearing, shall affirm, set aside, or
modify the order from which the appeal is taken.
   (b) Within 20 days from the date of hearing the evidence, the
director shall make a written decision with respect to the order
appealed from, unless the appellant and the director agree to a
longer period within which the decision may be made.  The decision of
the director shall forthwith be filed with the supervisor, and upon
that filing shall be final.  In case the order is affirmed or
modified, the director shall retain jurisdiction until such time as
the work ordered to be done by the order is finally completed.
   (c) The written decision shall be served upon the appellant and
shall supersede the previous order of the supervisor or district
deputy.  In case no written decision is made by the director pursuant
to subdivision (b), the order of the supervisor or district deputy
shall be effective and subject only to review by writ of
administrative mandamus from the superior court as provided in this
article.



3354.  The decision of the director may be reviewed by writ of
administrative mandamus from the superior court of the county in
which the district is situated, if taken within 10 days from the date
of the service of the decision upon the appellant, as provided in
Section 3353.



3355.  No new or additional evidence shall be introduced in the
court, but the cause shall be heard upon the record of the director.
The review shall not be extended further than to determine whether
or not:
   (a) The director acted without or in excess of his jurisdiction.
   (b) The order, decision, or award was procured by fraud.
   (c) The order, decision, rule, or regulation is unreasonable.
   (d) The order, decision, regulation, or award is clearly
unsupported by the evidence.



3356.  If a review is not taken within 10 days, or if taken, in case
the decision of the director is affirmed, any charge, including
penalty and interest thereon, imposed by the director shall
constitute a lien which upon recordation or filing pursuant to
Section 7171 of the Government Code, attaches to real or personal
property.  The lien upon the property shall be enforced in the same
manner as are other liens on real property and personal property of
the debtor.  Upon the request of the supervisor, the State Controller
shall bring an action for the enforcement of the lien in the manner
provided in this chapter.


3357.  In any proceeding before the director, and in any proceeding
instituted by the supervisor for the purpose of enforcing or carrying
out the provisions of this division, or for the purpose of holding
an investigation to ascertain the condition of any well or wells
complained of, or which in the opinion of the supervisor may
reasonably be presumed to be improperly located, drilled, operated,
maintained, or conducted, the supervisor and the director shall have
the power to administer oaths and may apply to a judge of the
superior court of the county in which the proceeding or investigation
is pending for a subpoena for witnesses to attend the proceeding or
investigation.  Upon the application of the supervisor or the
director, the judge of the superior court shall issue a subpoena
directing the witness to attend the proceeding or investigation, and
such person shall be required to produce, when directed, all records,
surveys, documents, books, or accounts in the witness' custody or
under the witness' control; except that no person shall be required
to attend upon such proceeding unless the person resides within the
same county or within 100 miles of the place of attendance.  The
supervisor or the director may in such case cause the depositions of
witnesses residing within or without the state to be taken in the
manner prescribed by law for like depositions in civil actions in
superior courts of this state under Title 4 (commencing with Section
2016.010) of Part 4 of the Code of Civil Procedure, and may, upon
application to a judge of the superior court of the county within
which the proceeding or investigation is pending, obtain a subpoena
compelling the attendance of witnesses and the production of records,
surveys, documents, books, or accounts at such places as the judge
may designate within the limits prescribed in this section.



3358.  Witnesses shall be entitled to receive the fees and mileage
fixed by law in civil causes, payable from the Oil, Gas, and
Geothermal Administrative Fund.



3359.  In case of the failure or neglect on the part of any person
to comply with any order of the supervisor or the director, or any
subpoena, or upon the refusal of any witness to testify to any matter
regarding which he may lawfully be interrogated, or upon refusal or
neglect to appear and attend at any proceeding or hearing on the day
specified, after having received a written notice of not less than 10
days prior to such proceeding or hearing, or upon his failure,
refusal, or neglect to produce books, papers, or documents as
demanded in the order or subpoena upon such day, such failure,
refusal, or neglect shall constitute a misdemeanor.  Each day's
further failure, refusal, or neglect is a separate and distinct
offense.
   The district attorney of the county in which the proceeding,
hearing, or investigation is to be held, shall prosecute any person
guilty of violating this section by continuous prosecution until the
person appears or attends or produces such books, papers, or
documents, or complies with the subpoena or order of the supervisor
or the director.