Operators have the right to appeal an Order to Comply issued under Public Resources Code (PRC) section 2774.1. The appeal process is governed by both statute and regulation to ensure clarity, transparency, and timely resolution.
Under PRC section 2774.1(a)(3)(C), an appeal must be scheduled for a public hearing within 45 days after the appeal is filed. The hearing may occur later only if both parties agree to an extension.
- If the Order to Comply was issued by the lead agency, any extension must be agreed upon by the operator and the lead agency.
- If the Order was issued by the Supervisor, any extension must be mutually agreed upon by the operator and the Supervisor.
The detailed procedures for filing, processing, and conducting hearings on appeals of Orders to Comply are further set out in Title 14 of the California Code of Regulations (CCR), sections 3940 through 3948. These regulations describe:
- The required contents of an appeal;
- Deadlines for submitting supporting materials;
- How notice of the hearing must be provided to the operator and the public;
- The format and conduct of the appeal hearing;
- The decision‑making process and timelines for issuing a final determination; and
- Procedures for maintaining records of the hearing and decision.
Together, PRC 2774.1 and CCR sections 3940–3948 establish a structured and predictable process to ensure that appeals are heard promptly and fairly, with appropriate opportunity for operator participation and public transparency.
