General Procedural Information about State Mining & Geology Board (SMGB) Meetings
The State Mining and Geology Board (the Board) is governed by the Bagley-Keene Open Meeting Act that requires the Board to:
(1) Publish an Agenda at least ten (10) days in advance of any meeting.
(2) Describe in the Agenda specific items to be transacted or discussed.
(3) Refuse to add an item no later than 10 days prior to any meeting and republishing of the Agenda.
(4) A Closed Session may be called by the Chair to discuss litigation and other matters.
The Board Agenda will be available approximately 15 days prior to the scheduled meeting. The Executive Officer’s Report and other Agenda material and reports will be available approximately one week prior to the scheduled Board meeting. All Board- related information is available on the SMGB website.
All meetings are open to the public and held in facilities in accordance with the Americans with Disabilities Act.
Submittal of Documents on SMGB Agenda Items
The Board encourages the submittal of comments, written material, or technical reports to include plans, specifications, maps, cross sections, boring or trench logs, and diagrams 30 days prior to the applicable Board meeting. This ensures that the submittal can be included in the Agenda material for the Agenda item in question. All such materials concerning any matters on the Agenda should be addressed to:
Jeffrey Schmidt, E.O.
State Mining and Geology Board
801 K Street, MS 20-15
Sacramento, California 95814
Please identify the Agenda item name and number on all correspondence. Timely submitted written materials will be provided to the Board along with the full Agenda materials, and will be uploaded to the Board website for the Agenda item in question. The Board retains discretion to determine whether or not it will consider late submittals at the meeting.
All testimony, files, and documents are made a part of the administrative record for the respective Agenda items.
Oral Comments During SMGB Meetings
Speaker Cards: All persons desiring to address the SMGB are required to fill out a speaker card. Cards normally are provided near the entrance to the meeting room. Please fill out a separate card for each item on which you intend to speak, and present it to the SMGB Secretary prior to the item being heard by the SMGB.
Unless otherwise specified in the public notice for a specific item, the SMGB wishes to limit oral presentations from all parties to three (3) minutes or less per individual. The SMGB Chair reserves the right to shorten or lengthen the general 3-minute limit period depending on time constraints and other factors relating to the particular matter being heard.
Providing and operating projectors and other presentation aids are the responsibilities of the speakers. Some equipment may be available at the SMGB meeting; however, the type of equipment available will vary depending on the meeting location. Owing to software and hardware compatibility issues, provision and operation of laptop computers and projectors for presentations generally will be the responsibility of the individual speakers. To ascertain the availability of presentation equipment, please contact the SMGB office at least five (5) working days prior to the meeting.
SMGB Adjudicatory Hearing Procedures
Adjudicatory matters heard by the Board include Designation Appeals, Reclamation Plan Appeals, Financial Assurances Appeals, Forfeiture of Financial Assurances Proceedings, Administrative Penalty Petitions, Appeals of Orders to Comply with SMARA, and Vested Rights Determinations.
Regulations governing the hearing procedures for these adjudicatory proceedings are in SMGB’s regulations at Title 14 of the California Code of Regulations, Sections 3500-4000. These regulations are posted on the SMGB website. The SMGB regulations pertaining to specific adjudicatory proceedings supersede general statements in these notes regarding SMGB procedures, including the time requirements for submission of written materials to the SMGB. The SMGB generally will prepare and circulate to the parties an agenda and timeline pertaining to specific adjudicatory proceedings.