Section 1880.5 - Record of Proceedings and Request for Modification(a) To prepare and certify a record of the proceeding concurrently with the review of the opt-in application, as set forth in Public Resources Code section 25545.13, the project's docket will be the record of proceedings and contain the materials required in subdivision (e) of Public Resources Code section 21167.6. The commission's certification of the environmental impact report and project shall be based on this record and on any public comments made at the public meeting to consider the application.(b) Within five days after the executive director issues the recommendation set forth in section 1879(c), staff shall file a statement that the record of proceedings is complete.(c) Within seven days after staff files the statement set forth in subsection (b), any person who commented on the Staff Assessment of the opt-in application may request that the commission modify the record of the proceeding. Such a request shall be filed into the project's docket and contain information detailing the records to be added or removed, reason for such action, and laws and policies supporting such action. A request to modify the record of the proceeding shall not delay or prohibit the commission from certifying the record of the proceeding pursuant to Public Resources Code section 25545.13.(d) The executive director may review the request and take actions to conform the docket with the request by adding or removing the requested records and notifying the requester. Comporting with the request shall cause the request to be considered withdrawn.(e) A request to modify the record of proceeding not acted upon by the executive director shall be considered by the commission at the public meeting in which the opt-in application is on the agenda for consideration. The executive director shall file a statement before the public meeting explaining the reasons for not acting on a request.Cal. Code Regs. Tit. 20, § 1880.5
1. New section filed 10-24-2022 as an emergency; operative 10-24-2022 (Register 2022, No. 43). This action is a deemed emergency and shall remain in effect until amended by the Commission pursuant to Public Resources Code section 25545.12. Note: Authority cited: Sections 25213, 25218 and 25545.12, Public Resources Code. Reference: Sections 25545, 25545.8, 25545.9, 25545.10 and 25545.13, Public Resources Code.
1. New section filed 10-24-2022 as an emergency; operative 10/24/2022 (Register 2022, No. 43). This action is a deemed emergency and shall remain in effect until amended by the Commission pursuant to Public Resources Code section 25545.12.