BILL NUMBER: AB 2453	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Tran

                        FEBRUARY 19, 2010

   An act to amend Sections 3225, 3236.5, 3743, and 3744 of, to add
Section 3763 to, and to repeal and add Sections 3350, 3351, 3352,
3353, 3354, 3355, 3356, 3762, 3764, 3765, 3766, 3767, and 3768 of,
the Public Resources Code, relating to oil and gas.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2453, as introduced, Tran. Oil and gas: operations: enforcement
actions.
   Under existing law, the Division of Oil, Gas, and Geothermal
Resources in the Department of Conservation regulates the operation
of oil, gas, and geothermal wells in specified districts of the
state. Existing law establishes procedures for an operator of a well
or owner of a rig, derrick, or other operating structure to appeal
from an order of the State Oil and Gas Supervisor or a district
deputy regarding the operation of a well, or drilling or testing
operations.
   This bill would make numerous changes to the appeal process and
procedures. The bill would require an order of the supervisor or a
district deputy to state the factual basis for the order, the
statutory and regulatory basis of the action, and the penalties and
requirements imposed on the operator. The bill would also require a
cease and desist order to specify the operations to cease and a
detailed explanation of the action to be taken by the operator to
permit operations to resume.
   The bill would, among other things, provide for review of an order
of the supervisor imposing a civil penalty by the director, revise
the requirements for filing a notice of appeal, provide that the
filing of an appeal does not stay an order for remedial work or a
cease and desist order issued under emergency circumstances and, in
these circumstances, require an expedited hearing before the
director. The bill requires the division to reimburse an operator for
required remedial work if an order is invalidated on appeal.
   The bill, would also, among other things, require certain appeals
to be heard in a formal hearing process before an administrative law
judge, instead of in an informal hearing before the director of the
department, specify certain procedures for a hearing before the
director, and revise the scope of the judicial review of an appealed
order.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3225 of the Public Resources Code is amended to
read:
   3225.   Whenever   (a)    
An order of the supervisor or a district deputy issued pursuant to
this chapter shall provide a clear and concise recitation of the acts
or omissions with which the operator is charged. The order shall
state all penalties and requirements imposed on the operator in
connection with the acts or omissions charged and the order shall
provide references to the provisions of this code and the regulations
that support the imposition of the penalties and requirements. 

   (b) An order requiring an operator to cease and desist operations
pursuant to Section 3270.3 shall specify the operations that the
operator is required to cease and desist and shall provide a detailed
explanation of the steps that the operator shall take before the
supervisor will permit the operations to resume.  
   (c) An order of the supervisor or a district deputy shall be in
writing and shall be served on the operator by personal service or by
certified mail. 
    (d)     Whenever  the supervisor or a
district deputy issues  any  a  written
order concerning  any   an  operation, an
appeal may be made from  such   the  order
pursuant to the procedures contained in Article 6 (commencing with
Section 3350).  The order shall inform the operator of its right
to appeal the order. 
  SEC. 2.  Section 3236.5 of the Public Resources Code is amended to
read:
   3236.5.  (a) A person who violates this chapter or a regulation
implementing this chapter is subject to a civil penalty not to exceed
twenty-five thousand dollars ($25,000) for each violation. 
Acts   An act  of God and  acts 
 an act  of vandalism beyond the reasonable control of the
operator shall not be considered a violation. The civil penalty shall
be imposed by an order of the supervisor  pursuant to Section
3225  upon a determination that a violation has been committed
by the person charged  , following notice to the person and
an opportunity to be heard. The notice shall be served by personal
service or certified mail, and shall inform the alleged violator of
the date, time, and place of the hearing, the activity that is
alleged to be a violation, the statute or regulation violated, and
the hearing and judicial review procedures. The notice shall be
provided at least 30 days before the hearing. The hearing shall be
held before the supervisor or the supervisor's designee in Sacramento
or in the district in which the violation occurred. The hearing is
not required to be conducted pursuant to Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code  . The imposition of a civil penalty under this section
shall be in addition to any other penalty provided by law for the
violation. When establishing the amount of the civil penalty pursuant
to this section, the supervisor shall consider, in addition to other
relevant circumstances,  (1) the   all of the
following: 
    (1)     The  extent of harm caused by
the violation  , (2) the   . 
    (2)     The  persistence of the
violation  , (3) the   . 
    (3)     The  pervasiveness of the
violation  , and (4) the   . 
    (4)     The  number of prior
violations by the same violator.
   (b)  Notwithstanding this chapter, an   An
 order of the supervisor imposing a civil penalty shall 
not  be reviewable pursuant to Article 6 (commencing with
Section 3350).  A person upon whom a civil penalty is imposed
by a final order of the supervisor may obtain judicial review of
that final order by seeking a writ of mandate pursuant to Section
1094.5 of the Code of Civil Procedure within 30 days of the date of
that final order.  When the order of the supervisor has
become final  ,  and the penalty has not been paid,
the supervisor may apply to the appropriate superior court for an
order directing payment of the civil penalty. The supervisor may also
seek from the court an order directing that production from the well
or use of the production facility that is the subject of the civil
penalty order be discontinued until the violation has been remedied
to the satisfaction of the supervisor and the civil penalty has been
paid.
   (c) Any amount collected under this section shall be deposited in
the Oil, Gas, and Geothermal Administrative Fund.
  SEC. 3.  Section 3350 of the Public Resources Code is repealed.

   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. 
  SEC. 4.  Section 3350 is added to the Public Resources Code, to
read:
   3350.  (a) The operator of a well or a production facility to whom
the supervisor or district deputy has issued an order pursuant to
this chapter may file a notice of appeal to the director from that
order. The notice of appeal shall be in writing and shall be filed
with the supervisor or with the district deputy who issued the order.
The operator shall file the appeal within 10 days of the service of
the order, or within 10 days of the posting of a copy of an order
made pursuant to Section 3308. Failure of the operator to file an
appeal from the order within the 10-day period shall be a waiver by
the operator of its rights to challenge the order. If the order,
other than an order made pursuant to Section 3308, is served by mail,
the time for responding shall be determined as provided in Section
1013 of the Code of Civil Procedure.
   (b) The filing of a written notice of appeal shall operate as a
stay of the order, except when an order for remedial work or an order
to cease and desist operations is issued as an emergency order
pursuant to Section 3226. If the order is an emergency order, the
operator shall immediately cease and desist the specified operations
and shall perform whatever work is required by the order to alleviate
the emergency or shall permit the agents appointed by the supervisor
to perform that work. If the order is set aside or modified on
appeal, the costs incurred by the operator for whatever work is not
required by the set aside or modified order shall be refunded to the
operator by the supervisor or the costs incurred by the supervisor
for the work shall not be imposed on the operator. If the operator
believes that it will be irretrievably injured by the performance of
the work required to alleviate the emergency pending the outcome of
the appeal, the operator may seek an order from the appropriate
superior court restraining the enforcement of the order pending the
outcome of the appeal.
  SEC. 5.  Section 3351 of the Public Resources Code is repealed.

   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.

  SEC. 6.  Section 3351 is added to the Public Resources Code, to
read:
   3351.  (a) A hearing shall be provided in accordance with Chapter
5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2
of the Government Code only in an appeal from an order in the
following circumstances:
   (1) Issued pursuant to a Section 3237 finding that the operator's
wells are deserted and should be plugged and abandoned.
   (2) Imposing civil penalties totaling more than ten thousand
dollars ($10,000).
   (3) Rescinding an injection project approval for a project that
has already commenced.
   (4) Imposing a life-of-well bond or a life-of-production facility
bond.
   (b) An order issued pursuant to Section 3225 shall satisfy the
requirement of Section 11503 of the Government Code that an
accusation be filed.
   (c) For an appeal of an order that is not described in subdivision
(a), a hearing shall be conducted by the director in accordance with
Sections 3352 and 3353.
   (d) For an appeal of an order that is described in subdivision (a)
and is also an emergency order for remedial work or to cease and
desist operations, a hearing shall be conducted by the director in
accordance with Sections 3352 and 3353 for the limited purpose of
considering the emergency order for remedial work or to cease and
desist operations. All other penalties and requirements imposed by
the order shall be considered at a hearing provided in accordance
with Chapter 5 (commencing with Section 11500) of Part 1 of Division
3 of Title 2 of the Government Code.
  SEC. 7.  Section 3352 of the Public Resources Code is repealed.

   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. 
  SEC. 8.  Section 3352 is added to the Public Resources Code, to
read:
   3352.  (a) A hearing conducted by the director shall adhere to the
following:
   (1) When an order is not issued as an emergency order, within 30
days from the date of the service of the notice of appeal, the
director shall provide to the operator notice of the time and place
of the hearing. The hearing shall take place within 30 days after the
date of the director's notice. The notice shall inform the operator
that the director may extend the date of the hearing for up to 60
days for good cause upon application of the operator or the
supervisor.
   (2) When an order has been issued as an emergency order, within 10
days from the date of the service of the notice of appeal, the
director shall provide to the operator notice of the time and place
of the hearing. The hearing shall take place within 20 days after the
date of the director's notice. The notice shall inform the operator
that the director may extend the date of the hearing for up to 30
days for good cause upon application of the operator or the
supervisor.
   (b) The director shall conduct the hearing within the district
where the majority of the wells or production facilities that are the
subject of the order are located, or the hearing may be conducted at
a location outside of that district upon application of the
operator.
   (c) The notice of hearing shall inform the operator of its right
to file a written answer to the charges no later than 10 days before
the date of the hearing. The notice also shall inform the operator
that it has the right to present oral and documentary evidence at the
hearing.
  SEC. 9.  Section 3353 of the Public Resources Code is repealed.

   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. 
  SEC. 10.  Section 3353 is added to the Public Resources Code, to
read:
   3353.  (a) Within 30 days after the close of a hearing conducted
by the director, the director shall issue a written decision
affirming, setting aside, or modifying the order from which the
appeal was taken. The director's written decision shall be based upon
the preponderance of the evidence and shall set forth the director's
factual findings, legal conclusions, and rationale for the result.
The director may extend the 30-day period for issuing the written
decision if the extension is agreed to by the operator.
   (b) The director shall file the written decision with the
supervisor and serve it on the operator as soon as it has been
completed, at which time the decision shall be deemed final. The
director's decision shall supersede the order of the supervisor from
which the appeal was made. If the director affirmed or modified the
order, the director shall retain jurisdiction until the operator has
completed the work required to be performed by the order.
  SEC. 11.  Section 3354 of the Public Resources Code is repealed.

   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. 
  SEC. 12.  Section 3354 is added to the Public Resources Code, to
read:
   3354.  (a) Following a hearing conducted by the director pursuant
to Sections 3352 and 3353, the operator may obtain judicial review of
the decision of the director by filing a petition for writ of
administrative mandamus in the superior court of the county where the
division's district office from which the order was issued is
located. The operator shall file the petition within 30 days after
the date the operator was served with the decision.
   (b) Following a hearing conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, the operator may obtain judicial review of the
decision pursuant to Section 11523 of the Government Code.
  SEC. 13.  Section 3355 of the Public Resources Code is repealed.

   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. 
  SEC. 14.  Section 3355 is added to the Public Resources Code, to
read:
   3355.  When an operator seeks judicial review of a decision of the
director, including a decision following a hearing conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code, the court shall hear
the cause on the record before the director or an administrative law
judge. New or additional evidence shall not be introduced in court.
The court's inquiry shall extend to whether the director acted
without or in excess of jurisdiction, whether there was a fair
hearing, and whether there is any prejudicial abuse of discretion.
Abuse of discretion is established if the administrative proceeding
has not been conducted in the manner required by law, the decision is
not supported by the findings, or the findings are not supported by
substantial evidence in light of the whole record.
  SEC. 15.  Section 3356 of the Public Resources Code is repealed.

   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. 
  SEC. 16.  Section 3356 is added to the Public Resources Code, to
read:
   3356.  If the operator does not appeal an order, if the operator
does not timely seek judicial review of a decision affirming or
modifying an order within the time provided in Section 3354, or if
the operator has timely sought and obtained judicial review and the
court has affirmed the decision, then any charge, including penalty
and interest, that the decision permits the supervisor to impose on
the operator for work performed by the supervisor or the supervisor's
agents shall constitute a state tax lien against the real and
personal property of the operator pursuant to Section 3423.
  SEC. 17.  Section 3743 of the Public Resources Code is amended to
read:
   3743.   Whenever   (a)   
An order of the supervisor or a district deputy issued pursuant to
this chapter shall provide a clear and concise recitation of the acts
or omissions with which the operator is charged. The order shall
state all penalties and requirements imposed on the operator in
connection with the acts or omissions charged and the order shall
provide citations to the provisions of this co   de and the
regulations that support the imposition of the penalties and
requirements. 
    (b) An order of the supervisor or a district deputy shall be
in writing and shall be served on the operator by personal service or
by certified mail. 
    (c)     Whenever  the supervisor or a
district deputy makes or gives any written direction concerning the
drilling, testing, or other operations in any well drilled, in
process of drilling, or being abandoned, and the operator, owner, or
representative of either, serves written notice, either personally or
by mail, addressed to the supervisor, or to the district deputy at
his  or her  office in the district, requesting that a
definite order be made upon  such   the 
subject, the supervisor or the district deputy shall, within five
days after receipt of the notice, deliver a final written order on
the subject matter. 
   (d) Whenever the supervisor or a district deputy issues any
written order concerning an operation, an appeal may be made from the
order pursuant to Sections 3762 to 3768, inclusive. The order shall
inform the operator of its right to appeal the order. 
  SEC. 18.  Section 3744 of the Public Resources Code is amended to
read:
   3744.  (a) Within 30 days from the date of service of an order
made pursuant to Section 3743,  or if there has been an appeal
from the order to the director, within 30 days after service of the
decision of the director, or if a review has been taken of the order
of the director, within 10 days after the affirmance of the order,
 the operator shall commence in good faith the work ordered and
continue it until completion. If the work has not been commenced and
continued to completion, the supervisor may appoint necessary agents
to enter the premises and perform the work. An accurate account of
the expenditures shall be kept. Any amount so expended constitutes a
lien against the real or personal property of the operator upon which
the work is done and the lien has the force, effect, and priority of
a judgment lien pursuant to Section 3772.
   (b) Notwithstanding Section 3741, 3743, or 3755, if the supervisor
determines that an emergency exists, the supervisor may make formal
or emergency orders or undertake any other action that the supervisor
determines to be necessary for the protection of life, health,
property, or natural resources.
  SEC. 19.  Section 3762 of the Public Resources Code is repealed.

   3762.  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, 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.
   The appeal shall operate as a stay of any order issued pursuant to
this chapter. 
  SEC. 20.  Section 3762 is added to the Public Resources Code, to
read:
   3762.  (a) The operator of a well to whom the supervisor or
district deputy has issued an order pursuant to this chapter may file
a notice of appeal to the director from that order. The notice of
appeal shall be in writing and shall be filed with the supervisor or
with the district deputy who issued the order. The operator shall
file the appeal within 10 days of the service of the order. Failure
of the operator to file an appeal from the order within the 10-day
period shall be a waiver by the operator of its rights to challenge
the order. If the order is served by mail, the time for responding
shall be determined as provided in Section 1013 of the Code of Civil
Procedure.
   (b) The filing of a written notice of appeal shall operate as a
stay of the order, except when an order for remedial work is issued
as an emergency order pursuant to Section 3744. If the order is an
emergency order, the operator shall immediately perform whatever work
is required by the order to alleviate the emergency or shall permit
the agents appointed by the supervisor to perform that work. If the
order is set aside or modified on appeal, the costs incurred by the
operator for whatever work is not required by the set aside or
modified order shall be refunded to the operator by the supervisor or
the costs incurred by the supervisor for the work shall not be
imposed on the operator. If the operator believes that it will be
irretrievably injured by the performance of the work required to
alleviate the emergency pending the outcome of the appeal, the
operator may seek an order from the appropriate superior court
restraining the enforcement of the order pending the outcome of the
appeal.
  SEC. 21.  Section 3763 is added to the Public Resources Code, to
read:
   3763.  (a) A hearing shall be provided in accordance with Chapter
5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2
of the Government Code only in an appeal from an order in the
following circumstances:
   (1) Issued pursuant to a Section 3755 finding that the operator's
wells are deserted and should be plugged and abandoned.
   (2) Rescinding an injection project approval for a project that
has already commenced.
   (b) An order issued pursuant to Section 3743 shall satisfy the
requirement of Section 11503 of the Government Code that an
accusation be filed.
   (c) For an appeal of an order that is not described in subdivision
(a), a hearing shall be conducted by the director in accordance with
Sections 3764 and 3765.
   (d) For an appeal of an order that is described in subdivision (a)
and is also an emergency order for remedial work, a hearing shall be
conducted by the director in accordance with Sections 3352 and 3353
for the limited purpose of considering the emergency order for
remedial work. All other penalties and requirements imposed by the
order shall be considered at a hearing provided in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code.
  SEC. 22.  Section 3764 of the Public Resources Code is repealed.

   3764.  Within 10 days from the taking of the appeal, 10 days'
notice in writing shall be given to the appellant of the time and
place of the hearing. For good cause, the director may postpone the
hearing, on the application of the appellant or the supervisor, or
the district deputy, for a period not to exceed 10 days. 
  SEC. 23.  Section 3764 is added to the Public Resources Code, to
read:
   3764.  (a) A hearing conducted by the director shall adhere to the
following:
   (1) When an order is not issued as an emergency order, within 30
days from the date of the service of the notice of appeal, the
director shall provide to the operator notice of the time and place
of the hearing. The hearing shall take place within 30 days after the
date of the director's notice. The notice shall inform the operator
that the director may extend the date of the hearing for up to 60
days for good cause upon application of the operator or the
supervisor.
   (2) When an order has been issued as an emergency order, within 10
days from the date of the service of the notice of appeal, the
director shall provide to the operator notice of the time and place
of the hearing. The hearing shall take place
                     within 20 days after the date of the director's
notice. The notice shall inform the operator that the director may
extend the date of the hearing for up to 30 days for good cause upon
application of the operator or the supervisor.
   (b) The director shall conduct the hearing within the district
where the majority of the wells that are the subject of the order are
located, or the hearing may be conducted at a location outside of
that district upon application of the operator.
   (c) The notice of hearing shall inform the operator of its right
to file a written answer to the charges no later than 10 days before
the date of the hearing. The notice also shall inform the operator
that it has the right to present oral and documentary evidence at the
hearing.
  SEC. 24.  Section 3765 of the Public Resources Code is repealed.

   3765.  The director, after hearing, shall affirm, set aside, or
modify the order from which the appeal is taken.
   Within 10 days after hearing the evidence, the director shall make
a written decision with respect to the order appealed from. The
decision of the director shall forthwith be filed with the supervisor
and upon such 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.
   The written decision shall be served upon 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, and shall supersede
the previous order of the supervisor. In case no written decision is
made by the director within 30 days after the date of notice of
hearing as provided in Section 3764, the order of the supervisor
shall be effective upon the supervisor's notifying any such person
that the director has failed to make a decision and subject only to
review by writ of certiorari from the superior court as provided in
this chapter. 
  SEC. 25.  Section 3765 is added to the Public Resources Code, to
read:
   3765.  (a) Within 30 days after the close of a hearing conducted
by the director, the director shall issue a written decision
affirming, setting aside, or modifying the order from which the
appeal was taken. The director's written decision shall be based upon
the preponderance of the evidence and shall set forth the director's
factual findings, legal conclusions, and rationale for the result.
The director may extend the 30-day period for issuing the written
decision provided that the extension is agreed to by the operator.
   (b) The director shall file the written decision with the
supervisor and serve it on the operator as soon as it has been
completed, at which time the decision shall be deemed final. The
director's decision shall supersede the order of the supervisor from
which the appeal was made. If the director affirmed or modified the
order, the director shall retain jurisdiction until the operator has
completed the work required to be performed by the order.
  SEC. 26.  Section 3766 of the Public Resources Code is repealed.

   3766.  The decision of the director may be reviewed by writ of
certiorari from the superior court of the county in which the well,
or wells, affected by the order is situated, if taken within 10 days
after the service of the decision upon 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, as provided in Section
3765, or within 10 days after the decision upon petition by the
supervisor. If no written decision is made by the director as
specified in Section 3765, the order of the supervisor may be
reviewed by writ of certiorari from the superior court of that county
within 10 days after the supervisor notifies any such person of that
fact. The writ shall be made returnable not later than 10 days after
its issuance and it shall direct the director to certify the
director's record in the cause to the court. On the return day the
cause shall be heard by the court unless for good cause it is
continued, but no continuance shall be permitted for a longer period
than 30 days. 
  SEC. 27.  Section 3766 is added to the Public Resources Code, to
read:
   3766.  (a) Following a hearing conducted by the director pursuant
to Sections 3764 and 3765, the operator may obtain judicial review of
the decision of the director by filing a petition for writ of
administrative mandamus in the superior court of the county where the
division's district office from which the order was issued is
located. The operator shall file the petition within 30 days after
the date the operator was served with the decision.
   (b) Following a hearing conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, the operator may obtain judicial review of the
decision pursuant to Section 11523 of the Government Code.
  SEC. 28.  Section 3767 of the Public Resources Code is repealed.

   3767.  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 or supervisor acted without or in excess of
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. 
  SEC. 29.  Section 3767 is added to the Public Resources Code, to
read:
   3767.  When an operator seeks judicial review of a decision of the
director, including a decision following a hearing conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code, the court shall hear
the cause on the record before the director or an administrative law
judge. New or additional evidence shall not be introduced in court.
The court's inquiry shall extend to whether the director acted
without or in excess of jurisdiction, whether there was a fair
hearing, and whether there is any prejudicial abuse of discretion.
Abuse of discretion is established if the administrative proceeding
has not been conducted in the manner required by law, the decision is
not supported by the findings, or the findings are not supported by
substantial evidence in light of the whole record.
  SEC. 30.  Section 3768 of the Public Resources Code is repealed.

   3768.  If a review is not taken within 10 days, or if taken, in
case the decision of the director, or, if there is no decision, the
order of the supervisor, is affirmed, any charge, including penalty
and interest thereon, imposed by the director or supervisor 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 Controller shall
bring an action for the enforcement of the lien in the manner
provided in this chapter. 
  SEC. 31.  Section 3768 is added to the Public Resources Code, to
read:
   3768.  If the operator does not appeal an order, if the operator
does not timely seek judicial review of a decision affirming or
modifying an order within the time provided in Section 3766, or if
the operator has timely sought and obtained judicial review and the
court has affirmed the decision, then any charge, including penalty
and interest, that the decision permits the supervisor to impose on
the operator for work performed by the supervisor or the supervisor's
agents shall constitute a state tax lien against the real and
personal property of the operator pursuant to Section 3772.
  SEC. 32.  The director may adopt emergency regulations for the
purposes of implementing Sections 3225, 3236.5, 3350, 3351, 3352,
3353, 3354, 3355, 3356, 3743, 3744, 3762, 3763, 3764, 3765, 3766,
3767, and 3768. Any emergency regulations, if adopted, shall be
adopted in accordance with Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code, and
for the purposes of that chapter, including Section 11349.6 of the
Government Code, the adoption of these regulations is an emergency
and shall be considered by the Office of Administrative Law as
necessary for the immediate preservation of the public peace, health
and safety, and general welfare. Notwithstanding Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, including subdivision (e) of Section 11346.1 of
the Government Code, any emergency regulations adopted pursuant to
this section shall be filed with, but not be repealed by, the Office
of Administrative Law and shall remain in effect until revised by the
director.