660. There is in the department a State Mining and Geology Board
consisting of nine members appointed by the Governor, subject to
confirmation by the Senate.
661. As used in this article, "board" means the State Mining and
Geology Board and "division" means the California Geological Survey
of the department.
662. (a) One member of the board shall be a professional geologist
with background and experience in mining geology; one member shall be
a mining engineer with background and experience in mining minerals
in California; one member shall have background and experience in
groundwater hydrology, water quality, and rock chemistry; one member
shall be a representative of local government with background and
experience in urban planning; one member shall have background and
experience in the field of environmental protection or the study of
ecosystems; one member shall be a professional geologist, registered
geophysicist, registered civil engineer, or registered structural
engineer with background and experience in seismology; one member
shall be a landscape architect with background and experience in soil
conservation or revegetation of disturbed soils; one member shall
have background and experience in mineral resource conservation,
development, and utilization; and one member shall not be required to
have specialized experience.
(b) All members of the board shall represent the general public
interest, but not more than one-third of the members at any one time
may be currently employed by, or receive more than 25 percent of
their annual income, not to exceed $25,000 a year per member, from an
entity that owns or operates a mine in California. The
representative of local government shall not be considered an
employee of an entity that owns or operates a mine if the lead agency
employing the representative owns or operates a mine. For purposes
of this section, retirement or other benefits paid by a mining entity
to an individual who is no longer employed by that entity are not
considered to be compensation, if those benefits were earned prior to
the date the individual terminated his or her employment with the
entity.
(c) If a member of the board determines that he or she has a
conflict of interest on a particular matter before the board pursuant
to subdivision (b) or Section 663, he or she shall provide the clerk
of the board with a brief written explanation of the basis for the
conflict of interest, which shall become a part of the public record
of the board. The written explanation shall be delivered prior to the
time the matter to which it pertains is voted on by the board. This
disclosure requirement is in addition to any other
conflict-of-interest disclosure requirement imposed by law.
663. (a) No member of the board shall participate in any action of
the board or attempt to influence any decision of the board that
involves himself or herself, or any person with whom he or she is
connected, as a director, officer, paid consultant, or full-time or
part-time employee, or in which he or she has a financial interest
within the meaning of Section 87103 of the Government Code.
(b) No board member shall participate in any proceeding before any
state or local agency as a consultant or in any other capacity on
behalf of any person who engages in surface mining operations.
(c) Upon request of any person, or on his or her own initiative,
the Attorney General may file a complaint in the superior court for
the county in which the board has its principal office alleging that
a board member has knowingly violated this section, alleging the
facts upon which the allegation is based, and asking that the member
be removed from office. Further proceedings shall be in accordance as
nearly as practicable with rules governing civil actions. If after
trial the court finds that the board member has knowingly violated
this section it shall order the member removed from office.
663.1. (a) For the purposes of this section, "ex parte
communication" means any oral or written communication between a
member of the board and an interested person about a matter within
the board's jurisdiction that does not occur in a public hearing,
workshop, or other official proceeding, or on the official record of
the proceeding on the matter.
(b) For purposes of this section, "a matter within the board's
jurisdiction" means any action on a reclamation plan or financial
assurance appealed pursuant to subdivision (e) of Section 2770, any
review of an order setting administrative penalties pursuant to
Section 2774.2, or any review of an appeal pursuant to Section 2775.
(c) A board member or any person, other than a staff member of the
board, department, or any other state agency, who is acting in his
or her official capacity and who intends to influence the decision of
the board on a matter within the board's jurisdiction, shall not
conduct an ex parte communication, unless the board member or the
person who engages in the communication with the board member
discloses that communication in one of the following ways:
(1) The board member or the person fully discloses the
communication and makes public the ex parte communication by
providing a full report of the communication to the executive officer
or, if the communication occurs within seven days of the next board
hearing, to the board on the record of the proceeding of that
hearing.
(2) When two or more board members receive substantially the same
written communication or receive the same oral communication from the
same party on the same matter, one of the board members fully
discloses the communication on behalf of the other board member or
members who received the communication and requests in writing that
it be placed in the board's official record of the proceeding.
(d) (1) The board shall adopt standard disclosure forms for
reporting ex parte communications which shall include, but not be
limited to, all of the following information:
(A) The date, time, and location of the communication.
(B) The identity of the person or persons initiating and the
person or persons receiving the communication.
(C) A complete description of the content of the communication,
including the complete text of any written material that was part of
the communication.
(2) The executive officer shall place in the public record any
report of an ex parte communication.
(e) Communications shall cease to be ex parte communications when
fully disclosed and placed in the board's official record.
(f) In addition to any other applicable penalty, a board member
who knowingly violates this section is subject to a civil fine, not
to exceed seven thousand five hundred dollars ($7,500).
Notwithstanding any law to the contrary, the court may award
attorneys' fees and costs to the prevailing party.
(g) Notwithstanding Section 11425.10 of the Government Code, the
ex parte communications provisions of the Administrative Procedure
Act (Article 7 (commencing with Section 11430.10) of Chapter 4.5 of
Part 1 of Division 3 of Title 2 of the Government Code) do not apply
to proceedings of the board under this code.
663.2. (a) No board member shall make, participate in making, or in
any other way attempt to use his or her official position to
influence a board decision about which the member has knowingly had
an ex parte communication that has not been reported pursuant to
Section 663.1.
(b) In addition to any other applicable penalty, including a civil
fine imposed pursuant to subdivision (f) of Section 663.1, a board
member who knowingly violates this section shall be subject to a
civil fine, not to exceed seven thousand five hundred dollars
($7,500). Notwithstanding any law to the contrary, the court may
award attorneys' fees and costs to the prevailing party.
664. Each member of the board shall hold office for four years.
Vacancies shall be immediately filled by the Governor.
667. Each member of the board shall receive one hundred dollars
($100) for each day during which the member is engaged in the
performance of official duties. The compensation of each member,
except the compensation of the chair, shall not, however, exceed in
any one fiscal year the sum of four thousand dollars ($4,000). The
chair of the board may receive compensation of not to exceed five
thousand dollars ($5,000) in any one fiscal year for the performance
of official duties. In addition to the compensation, each member
shall be reimbursed for necessary traveling and other expenses
incurred in the performance of official duties.
668. The board shall maintain its headquarters in Sacramento and
shall hold meetings at such times and at such places as shall be
determined by it. Five members of the board shall constitute a quorum
for the purpose of transacting any business of the board. A majority
affirmative vote of the total authorized membership of the board
shall be necessary to adopt, amend, or repeal state policy for the
reclamation of mined lands adopted pursuant to Article 4 (commencing
with Section 2755) of Chapter 9 of Division 2. All meetings of the
board shall be open to the public.
669. The Governor shall designate the chair of the board from among
the members of the board. The person designated as the chair shall
hold the office at the pleasure of the Governor. The board shall
annually elect a vice chair from among its members.
670. The board may appoint an executive officer who shall be exempt
from civil service pursuant to subdivision (e) of Section 4 of
Article XXIV of the California Constitution. The board may also
employ such clerical assistance as may be necessary for the proper
discharge of its duties. Neither the board nor its employees shall
have or be given any powers in relation to the administration of the
division.
671. The director shall have no power to amend or repeal any order,
ruling, or directive of the board.
672. The board shall represent the state's interest in the
development, utilization, and conservation of the mineral resources
of the state and the reclamation of mined lands, as provided by law,
and federal matters pertaining to mining, and shall determine,
establish, and maintain an adequate surface mining and reclamation
policy. The board shall also represent the state's interest in the
development of geological information necessary to the understanding
and utilization of the state's terrain, and seismological and
geological information pertaining to earthquake and other geological
hazards. General policies for the division shall be determined by the
board.
673. The board shall also serve as a policy and appeals board for
the purposes of Chapter 7.5 (commencing with Section 2621) of
Division 2.
675. The board may provide for a statewide program of research
regarding the technical phases of reclaiming mined lands which may be
delegated to it by law and may accept funds from the United States
or from any person to aid in carrying out the provisions of this
section. The board may conduct such a program independently or by
contract or in cooperation with any person, public or private
organization, federal agency, or state agency, including any
political subdivision of the state.
676. The board shall provide for a public information program on
matters involving the state's terrain, mineral resources, mining, the
reclamation of mined lands, and the seismological and geological
aspects of earthquakes and other geological hazards.
677. The board shall nominate, and the director shall appoint, the
State Geologist, who shall either be registered in compliance with
the Geologist and Geophysicist Act (Chapter 12.5 (commencing with
Section 7800) of Division 3 of the Business and Professions Code) at
least one year from the date of appointment, or the Board for
Professional Engineers and Land Surveyors may, upon the review of
academic and professional experience, grant registration. The State
Geologist shall possess general knowledge of mineral resources,
structural geology, seismology, engineering geology, and related
disciplines in science and engineering, and the reclamation of mined
lands and waters. The State Geologist shall advise the director
regarding technical, scientific, and engineering issues, including
the scientific quality of the division's products and activities.
678. The director may authorize the State Geologist to exercise his
power to appoint employees of the division in accordance with the
State Civil Service Act. The director may authorize the State
Geologist, or any employee of the division, to exercise any power
granted to, or perform any duty imposed upon, the director by the
State Civil Service Act.
660. There is in the department a State Mining and Geology Board
consisting of nine members appointed by the Governor, subject to
confirmation by the Senate.
661. As used in this article, "board" means the State Mining and
Geology Board and "division" means the California Geological Survey
of the department.
662. (a) One member of the board shall be a professional geologist
with background and experience in mining geology; one member shall be
a mining engineer with background and experience in mining minerals
in California; one member shall have background and experience in
groundwater hydrology, water quality, and rock chemistry; one member
shall be a representative of local government with background and
experience in urban planning; one member shall have background and
experience in the field of environmental protection or the study of
ecosystems; one member shall be a professional geologist, registered
geophysicist, registered civil engineer, or registered structural
engineer with background and experience in seismology; one member
shall be a landscape architect with background and experience in soil
conservation or revegetation of disturbed soils; one member shall
have background and experience in mineral resource conservation,
development, and utilization; and one member shall not be required to
have specialized experience.
(b) All members of the board shall represent the general public
interest, but not more than one-third of the members at any one time
may be currently employed by, or receive more than 25 percent of
their annual income, not to exceed $25,000 a year per member, from an
entity that owns or operates a mine in California. The
representative of local government shall not be considered an
employee of an entity that owns or operates a mine if the lead agency
employing the representative owns or operates a mine. For purposes
of this section, retirement or other benefits paid by a mining entity
to an individual who is no longer employed by that entity are not
considered to be compensation, if those benefits were earned prior to
the date the individual terminated his or her employment with the
entity.
(c) If a member of the board determines that he or she has a
conflict of interest on a particular matter before the board pursuant
to subdivision (b) or Section 663, he or she shall provide the clerk
of the board with a brief written explanation of the basis for the
conflict of interest, which shall become a part of the public record
of the board. The written explanation shall be delivered prior to the
time the matter to which it pertains is voted on by the board. This
disclosure requirement is in addition to any other
conflict-of-interest disclosure requirement imposed by law.
663. (a) No member of the board shall participate in any action of
the board or attempt to influence any decision of the board that
involves himself or herself, or any person with whom he or she is
connected, as a director, officer, paid consultant, or full-time or
part-time employee, or in which he or she has a financial interest
within the meaning of Section 87103 of the Government Code.
(b) No board member shall participate in any proceeding before any
state or local agency as a consultant or in any other capacity on
behalf of any person who engages in surface mining operations.
(c) Upon request of any person, or on his or her own initiative,
the Attorney General may file a complaint in the superior court for
the county in which the board has its principal office alleging that
a board member has knowingly violated this section, alleging the
facts upon which the allegation is based, and asking that the member
be removed from office. Further proceedings shall be in accordance as
nearly as practicable with rules governing civil actions. If after
trial the court finds that the board member has knowingly violated
this section it shall order the member removed from office.
663.1. (a) For the purposes of this section, "ex parte
communication" means any oral or written communication between a
member of the board and an interested person about a matter within
the board's jurisdiction that does not occur in a public hearing,
workshop, or other official proceeding, or on the official record of
the proceeding on the matter.
(b) For purposes of this section, "a matter within the board's
jurisdiction" means any action on a reclamation plan or financial
assurance appealed pursuant to subdivision (e) of Section 2770, any
review of an order setting administrative penalties pursuant to
Section 2774.2, or any review of an appeal pursuant to Section 2775.
(c) A board member or any person, other than a staff member of the
board, department, or any other state agency, who is acting in his
or her official capacity and who intends to influence the decision of
the board on a matter within the board's jurisdiction, shall not
conduct an ex parte communication, unless the board member or the
person who engages in the communication with the board member
discloses that communication in one of the following ways:
(1) The board member or the person fully discloses the
communication and makes public the ex parte communication by
providing a full report of the communication to the executive officer
or, if the communication occurs within seven days of the next board
hearing, to the board on the record of the proceeding of that
hearing.
(2) When two or more board members receive substantially the same
written communication or receive the same oral communication from the
same party on the same matter, one of the board members fully
discloses the communication on behalf of the other board member or
members who received the communication and requests in writing that
it be placed in the board's official record of the proceeding.
(d) (1) The board shall adopt standard disclosure forms for
reporting ex parte communications which shall include, but not be
limited to, all of the following information:
(A) The date, time, and location of the communication.
(B) The identity of the person or persons initiating and the
person or persons receiving the communication.
(C) A complete description of the content of the communication,
including the complete text of any written material that was part of
the communication.
(2) The executive officer shall place in the public record any
report of an ex parte communication.
(e) Communications shall cease to be ex parte communications when
fully disclosed and placed in the board's official record.
(f) In addition to any other applicable penalty, a board member
who knowingly violates this section is subject to a civil fine, not
to exceed seven thousand five hundred dollars ($7,500).
Notwithstanding any law to the contrary, the court may award
attorneys' fees and costs to the prevailing party.
(g) Notwithstanding Section 11425.10 of the Government Code, the
ex parte communications provisions of the Administrative Procedure
Act (Article 7 (commencing with Section 11430.10) of Chapter 4.5 of
Part 1 of Division 3 of Title 2 of the Government Code) do not apply
to proceedings of the board under this code.
663.2. (a) No board member shall make, participate in making, or in
any other way attempt to use his or her official position to
influence a board decision about which the member has knowingly had
an ex parte communication that has not been reported pursuant to
Section 663.1.
(b) In addition to any other applicable penalty, including a civil
fine imposed pursuant to subdivision (f) of Section 663.1, a board
member who knowingly violates this section shall be subject to a
civil fine, not to exceed seven thousand five hundred dollars
($7,500). Notwithstanding any law to the contrary, the court may
award attorneys' fees and costs to the prevailing party.
664. Each member of the board shall hold office for four years.
Vacancies shall be immediately filled by the Governor.
667. Each member of the board shall receive one hundred dollars
($100) for each day during which the member is engaged in the
performance of official duties. The compensation of each member,
except the compensation of the chair, shall not, however, exceed in
any one fiscal year the sum of four thousand dollars ($4,000). The
chair of the board may receive compensation of not to exceed five
thousand dollars ($5,000) in any one fiscal year for the performance
of official duties. In addition to the compensation, each member
shall be reimbursed for necessary traveling and other expenses
incurred in the performance of official duties.
668. The board shall maintain its headquarters in Sacramento and
shall hold meetings at such times and at such places as shall be
determined by it. Five members of the board shall constitute a quorum
for the purpose of transacting any business of the board. A majority
affirmative vote of the total authorized membership of the board
shall be necessary to adopt, amend, or repeal state policy for the
reclamation of mined lands adopted pursuant to Article 4 (commencing
with Section 2755) of Chapter 9 of Division 2. All meetings of the
board shall be open to the public.
669. The Governor shall designate the chair of the board from among
the members of the board. The person designated as the chair shall
hold the office at the pleasure of the Governor. The board shall
annually elect a vice chair from among its members.
670. The board may appoint an executive officer who shall be exempt
from civil service pursuant to subdivision (e) of Section 4 of
Article XXIV of the California Constitution. The board may also
employ such clerical assistance as may be necessary for the proper
discharge of its duties. Neither the board nor its employees shall
have or be given any powers in relation to the administration of the
division.
671. The director shall have no power to amend or repeal any order,
ruling, or directive of the board.
672. The board shall represent the state's interest in the
development, utilization, and conservation of the mineral resources
of the state and the reclamation of mined lands, as provided by law,
and federal matters pertaining to mining, and shall determine,
establish, and maintain an adequate surface mining and reclamation
policy. The board shall also represent the state's interest in the
development of geological information necessary to the understanding
and utilization of the state's terrain, and seismological and
geological information pertaining to earthquake and other geological
hazards. General policies for the division shall be determined by the
board.
673. The board shall also serve as a policy and appeals board for
the purposes of Chapter 7.5 (commencing with Section 2621) of
Division 2.
675. The board may provide for a statewide program of research
regarding the technical phases of reclaiming mined lands which may be
delegated to it by law and may accept funds from the United States
or from any person to aid in carrying out the provisions of this
section. The board may conduct such a program independently or by
contract or in cooperation with any person, public or private
organization, federal agency, or state agency, including any
political subdivision of the state.
676. The board shall provide for a public information program on
matters involving the state's terrain, mineral resources, mining, the
reclamation of mined lands, and the seismological and geological
aspects of earthquakes and other geological hazards.
677. The board shall nominate, and the director shall appoint, the
State Geologist, who shall either be registered in compliance with
the Geologist and Geophysicist Act (Chapter 12.5 (commencing with
Section 7800) of Division 3 of the Business and Professions Code) at
least one year from the date of appointment, or the Board for
Professional Engineers and Land Surveyors may, upon the review of
academic and professional experience, grant registration. The State
Geologist shall possess general knowledge of mineral resources,
structural geology, seismology, engineering geology, and related
disciplines in science and engineering, and the reclamation of mined
lands and waters. The State Geologist shall advise the director
regarding technical, scientific, and engineering issues, including
the scientific quality of the division's products and activities.
678. The director may authorize the State Geologist to exercise his
power to appoint employees of the division in accordance with the
State Civil Service Act. The director may authorize the State
Geologist, or any employee of the division, to exercise any power
granted to, or perform any duty imposed upon, the director by the
State Civil Service Act.
660. There is in the department a State Mining and Geology Board
consisting of nine members appointed by the Governor, subject to
confirmation by the Senate.
661. As used in this article, "board" means the State Mining and
Geology Board and "division" means the California Geological Survey
of the department.
662. (a) One member of the board shall be a professional geologist
with background and experience in mining geology; one member shall be
a mining engineer with background and experience in mining minerals
in California; one member shall have background and experience in
groundwater hydrology, water quality, and rock chemistry; one member
shall be a representative of local government with background and
experience in urban planning; one member shall have background and
experience in the field of environmental protection or the study of
ecosystems; one member shall be a professional geologist, registered
geophysicist, registered civil engineer, or registered structural
engineer with background and experience in seismology; one member
shall be a landscape architect with background and experience in soil
conservation or revegetation of disturbed soils; one member shall
have background and experience in mineral resource conservation,
development, and utilization; and one member shall not be required to
have specialized experience.
(b) All members of the board shall represent the general public
interest, but not more than one-third of the members at any one time
may be currently employed by, or receive more than 25 percent of
their annual income, not to exceed $25,000 a year per member, from an
entity that owns or operates a mine in California. The
representative of local government shall not be considered an
employee of an entity that owns or operates a mine if the lead agency
employing the representative owns or operates a mine. For purposes
of this section, retirement or other benefits paid by a mining entity
to an individual who is no longer employed by that entity are not
considered to be compensation, if those benefits were earned prior to
the date the individual terminated his or her employment with the
entity.
(c) If a member of the board determines that he or she has a
conflict of interest on a particular matter before the board pursuant
to subdivision (b) or Section 663, he or she shall provide the clerk
of the board with a brief written explanation of the basis for the
conflict of interest, which shall become a part of the public record
of the board. The written explanation shall be delivered prior to the
time the matter to which it pertains is voted on by the board. This
disclosure requirement is in addition to any other
conflict-of-interest disclosure requirement imposed by law.
663. (a) No member of the board shall participate in any action of
the board or attempt to influence any decision of the board that
involves himself or herself, or any person with whom he or she is
connected, as a director, officer, paid consultant, or full-time or
part-time employee, or in which he or she has a financial interest
within the meaning of Section 87103 of the Government Code.
(b) No board member shall participate in any proceeding before any
state or local agency as a consultant or in any other capacity on
behalf of any person who engages in surface mining operations.
(c) Upon request of any person, or on his or her own initiative,
the Attorney General may file a complaint in the superior court for
the county in which the board has its principal office alleging that
a board member has knowingly violated this section, alleging the
facts upon which the allegation is based, and asking that the member
be removed from office. Further proceedings shall be in accordance as
nearly as practicable with rules governing civil actions. If after
trial the court finds that the board member has knowingly violated
this section it shall order the member removed from office.
663.1. (a) For the purposes of this section, "ex parte
communication" means any oral or written communication between a
member of the board and an interested person about a matter within
the board's jurisdiction that does not occur in a public hearing,
workshop, or other official proceeding, or on the official record of
the proceeding on the matter.
(b) For purposes of this section, "a matter within the board's
jurisdiction" means any action on a reclamation plan or financial
assurance appealed pursuant to subdivision (e) of Section 2770, any
review of an order setting administrative penalties pursuant to
Section 2774.2, or any review of an appeal pursuant to Section 2775.
(c) A board member or any person, other than a staff member of the
board, department, or any other state agency, who is acting in his
or her official capacity and who intends to influence the decision of
the board on a matter within the board's jurisdiction, shall not
conduct an ex parte communication, unless the board member or the
person who engages in the communication with the board member
discloses that communication in one of the following ways:
(1) The board member or the person fully discloses the
communication and makes public the ex parte communication by
providing a full report of the communication to the executive officer
or, if the communication occurs within seven days of the next board
hearing, to the board on the record of the proceeding of that
hearing.
(2) When two or more board members receive substantially the same
written communication or receive the same oral communication from the
same party on the same matter, one of the board members fully
discloses the communication on behalf of the other board member or
members who received the communication and requests in writing that
it be placed in the board's official record of the proceeding.
(d) (1) The board shall adopt standard disclosure forms for
reporting ex parte communications which shall include, but not be
limited to, all of the following information:
(A) The date, time, and location of the communication.
(B) The identity of the person or persons initiating and the
person or persons receiving the communication.
(C) A complete description of the content of the communication,
including the complete text of any written material that was part of
the communication.
(2) The executive officer shall place in the public record any
report of an ex parte communication.
(e) Communications shall cease to be ex parte communications when
fully disclosed and placed in the board's official record.
(f) In addition to any other applicable penalty, a board member
who knowingly violates this section is subject to a civil fine, not
to exceed seven thousand five hundred dollars ($7,500).
Notwithstanding any law to the contrary, the court may award
attorneys' fees and costs to the prevailing party.
(g) Notwithstanding Section 11425.10 of the Government Code, the
ex parte communications provisions of the Administrative Procedure
Act (Article 7 (commencing with Section 11430.10) of Chapter 4.5 of
Part 1 of Division 3 of Title 2 of the Government Code) do not apply
to proceedings of the board under this code.
663.2. (a) No board member shall make, participate in making, or in
any other way attempt to use his or her official position to
influence a board decision about which the member has knowingly had
an ex parte communication that has not been reported pursuant to
Section 663.1.
(b) In addition to any other applicable penalty, including a civil
fine imposed pursuant to subdivision (f) of Section 663.1, a board
member who knowingly violates this section shall be subject to a
civil fine, not to exceed seven thousand five hundred dollars
($7,500). Notwithstanding any law to the contrary, the court may
award attorneys' fees and costs to the prevailing party.
664. Each member of the board shall hold office for four years.
Vacancies shall be immediately filled by the Governor.
667. Each member of the board shall receive one hundred dollars
($100) for each day during which the member is engaged in the
performance of official duties. The compensation of each member,
except the compensation of the chair, shall not, however, exceed in
any one fiscal year the sum of four thousand dollars ($4,000). The
chair of the board may receive compensation of not to exceed five
thousand dollars ($5,000) in any one fiscal year for the performance
of official duties. In addition to the compensation, each member
shall be reimbursed for necessary traveling and other expenses
incurred in the performance of official duties.
668. The board shall maintain its headquarters in Sacramento and
shall hold meetings at such times and at such places as shall be
determined by it. Five members of the board shall constitute a quorum
for the purpose of transacting any business of the board. A majority
affirmative vote of the total authorized membership of the board
shall be necessary to adopt, amend, or repeal state policy for the
reclamation of mined lands adopted pursuant to Article 4 (commencing
with Section 2755) of Chapter 9 of Division 2. All meetings of the
board shall be open to the public.
669. The Governor shall designate the chair of the board from among
the members of the board. The person designated as the chair shall
hold the office at the pleasure of the Governor. The board shall
annually elect a vice chair from among its members.
670. The board may appoint an executive officer who shall be exempt
from civil service pursuant to subdivision (e) of Section 4 of
Article XXIV of the California Constitution. The board may also
employ such clerical assistance as may be necessary for the proper
discharge of its duties. Neither the board nor its employees shall
have or be given any powers in relation to the administration of the
division.
671. The director shall have no power to amend or repeal any order,
ruling, or directive of the board.
672. The board shall represent the state's interest in the
development, utilization, and conservation of the mineral resources
of the state and the reclamation of mined lands, as provided by law,
and federal matters pertaining to mining, and shall determine,
establish, and maintain an adequate surface mining and reclamation
policy. The board shall also represent the state's interest in the
development of geological information necessary to the understanding
and utilization of the state's terrain, and seismological and
geological information pertaining to earthquake and other geological
hazards. General policies for the division shall be determined by the
board.
673. The board shall also serve as a policy and appeals board for
the purposes of Chapter 7.5 (commencing with Section 2621) of
Division 2.
675. The board may provide for a statewide program of research
regarding the technical phases of reclaiming mined lands which may be
delegated to it by law and may accept funds from the United States
or from any person to aid in carrying out the provisions of this
section. The board may conduct such a program independently or by
contract or in cooperation with any person, public or private
organization, federal agency, or state agency, including any
political subdivision of the state.
676. The board shall provide for a public information program on
matters involving the state's terrain, mineral resources, mining, the
reclamation of mined lands, and the seismological and geological
aspects of earthquakes and other geological hazards.
677. The board shall nominate, and the director shall appoint, the
State Geologist, who shall either be registered in compliance with
the Geologist and Geophysicist Act (Chapter 12.5 (commencing with
Section 7800) of Division 3 of the Business and Professions Code) at
least one year from the date of appointment, or the Board for
Professional Engineers and Land Surveyors may, upon the review of
academic and professional experience, grant registration. The State
Geologist shall possess general knowledge of mineral resources,
structural geology, seismology, engineering geology, and related
disciplines in science and engineering, and the reclamation of mined
lands and waters. The State Geologist shall advise the director
regarding technical, scientific, and engineering issues, including
the scientific quality of the division's products and activities.
678. The director may authorize the State Geologist to exercise his
power to appoint employees of the division in accordance with the
State Civil Service Act. The director may authorize the State
Geologist, or any employee of the division, to exercise any power
granted to, or perform any duty imposed upon, the director by the
State Civil Service Act.
