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2005 California Public Resources Code Sections 3350-3359 Article 6. Appeals and Review
PUBLIC RESOURCES CODESECTION 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.
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