A single surface mine operator or mining company, may, for the calendar reporting year, file with the Department of Conservation, Office of Mine Reclamation (OMR), a written request for an exemption from the method of fee assessment set forth in California Code of Regulations (CCR) Section 3698. The request for an exemption must be filed on a Low Gross Exemption Fee Request Form (MRRC-4L). Pursuant to CCR Section 3699, should the OMR deny the exemption request, the operator of a surface mine may appeal that determination to the State Mining & Geology Board (Board). The appeal must be submitted in writing within fifteen (15) days of the denial of the Low Gross Exemption by the OMR. In requesting an appeal from the Board, the operator must also provide:
1) Demonstration that the exemption request was complete and filed in a timely fashion;
2) Specifically relate to the exemption criteria outlined in CCR Section 3699; and
3) Specify the appellant's arguments for granting the exemption.