APPLICABLE ARTICLES OF THE HEALTH AND SAFETY CODE.
- A Hearing Board shall be chosen and appointed by the County Air Pollution Control Board as specified in Chapter
8, California Health and Safety Code except that if a vacancy occurs under Section 40802, the Board may appoint
anyone to fill the vacancy except employees of any city, county, state or district.
- The provisions of Division 26, Chapter 4, Article 2, of the State of California Health and Safety Code, as
amended, respectively entitled "Variances" and "Procedure", are incorporated herein by this
||FILING PETITIONS. Requests for hearing shall be initiated by the filing
of a petition in triplicate with the County Clerk, and the payment of the fee of Fifty Dollars ($50.00) provided
for in Section 150 of these Regulations. No fee shall be required for the filing of a petition by a public agency
or a public officer acting in the scope of this official capacity.
CONTENTS OF PETITIONS.
Every petition shall state:
- The name, address and telephone number of the petitioner, or other person authorized to receive service of
- Whether the petitioner is an individual, co-partnership, corporation or other entity; names and addresses of
the partners if a co-partnership; names and addresses of the officers if a corporation; and the names and addresses
of the persons in control, if other entity;
- The type of business or activity involved in the application, and the street address at which it is conducted;
- A brief description of the article, machine, equipment or other contrivance, if any, involved in the application;
- The section or rule under which the petition is filed that is, whether petitioner desires a hearing;
- For a variance under Section 40828, Health and Safety Code;
- To revoke or modify a variance under Section 42356, Health and Safety Code;
- To review the denial or conditional granting of an Authorization to Construct, under Sections 54 and 55 of
- Each petition shall be signed by the petitioner, or by some person on his behalf; and where the person signing
is not the petitioner, it shall set forth his authority to sign.
PETITION FOR VARIANCES.
In addition to the matters required by Section 112 petition for variance shall state briefly;
- The section, rule or order complained of.
- The facts showing why compliance with the section, rule or order is unreasonable.
- For what period of time the variance is sought and why.
- The damage or harm resulting, or which would result, to the petitioners from a compliance with such section,
rule or order.
- The requirements which petitioner can meet and the date when petitioner can comply with such requirements.
- The advantages and disadvantages to the residents of the District resulting from granting a variance.
- Whether or not operations under such variance, if granted, would constitute a nuisance.
||APPEAL FROM DENIAL. A petition to review a denial or conditional approval
of an Authorization to Construct shall, in addition to the matters required by Section 112 set forth a summary
of the application, or a copy thereof; the alleged reasons for the denial or conditional approval; and the reasons
||FAILURE TO COMPLY WITH RULES. The County Clerk shall
not accept for filing any petition which does not comply with these Regulations relating to the form, filing and
service of petitions, unless the Chairman or any two members of the Hearing Board direct otherwise and confirm
such direction in writing. Such direction need not be made at a meeting of the Hearing Board. The Chairman or any
two members, without a meeting may require the petitioner to state further facts or reframe a petition so as to
disclose clearly the issues involved.
||DISMISSAL OF PETITION. The petitioner may dismiss his petition
at any time before submission of the case of the Hearing Board, without a hearing or meeting of the Hearing Board.
The County Clerk shall notify all interested persons of such a dismissal.
||PLACE OF HEARING. All hearings shall be held at Willows, the County Seat,
unless some other place is designated by the Hearing Board.
NOTICE OF HEARING.
- The County Clerk shall mail or deliver a notice of the time and place of a hearing to the petitioner, the Air
Pollution Control and upon the applicant, if any, not less than ten (10) days prior to such hearing.
- The County Clerk shall also send notice of the hearing to every daily newspaper of general circulation in the
District and to every person who requests such notice. The notice shall contain the time and place of the hearing
and such other information as may be necessary to reasonably apprise the people with the District of the nature
and purpose of the meeting.
- Oral evidence shall be taken only on oath or affirmation.
- Each party shall have these rights: To call and examine witnesses, to introduce exhibits, to cross-examine
opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination,
to impeach any witness regardless of which party first called him to testify, and to rebut the evidence against
him. If respondent does not testify in his own behalf, he may be called and examined as if under cross-examination.
- The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant
evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in
the conduct of serious affairs regardless of the existence of any common law or statutory rule which might make
improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose
of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless
it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent
that they are not or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence
shall be excluded.
RECORD OF PROCEEDINGS. A record of all proceedings had before
the Hearing Board shall be made. The record shall be prepared in accordance with one of the following methods:
- A written summary of all the evidence, testimony and proceedings had and presented at the hearing shall be
made be a person designated by the Hearing Board for that purpose.
- By a magnetic tape recording.
- Any interested person, including the Hearing Board or the District, may at his own cost provide a certified
shorthand report satisfactory to the Hearing Board who shall prepare a verbatim transcript of all the evidence,
testimony and proceedings had and presented at the hearing. The original and one copy of such transcript, each
certified to by the reporter as to its accuracy, shall be filed with the Hearing Board within 30 day from the closing
date of the hearing unless required by the Hearing Board prior to that time. No matter shall be deemed submitted
under this Regulation until such transcript has been filed with the Hearing Board unless otherwise ordered by the
||PRELIMINARY MATTERS. Preliminary matters such as setting a date for
hearing, granting continuances, approving petitions for filing, allowing amendments and other preliminary rulings
not determinative of the merits of the case, may be made by the Chairman or any two (2) members of the Hearing
Board without a hearing or meeting of the Hearing Board and without notice.
||OFFICIAL NOTICE. The Hearing Board may take official notice of any matter
which may be judicially noticed by the courts of this State.
||The Hearing Board may hold a hearing in bank or may designate three or four of their number to hold a hearing.
||If three or more members of the Hearing Board conduct a hearing, the concurrence of three shall be necessary for
||The Hearing Board, not less than four (4) being present, may, in its discretion, within 30 days rehear any matter
which was decided by three members.
||CONTINUANCES. The Chairman or any two (2) members of the Hearing Board shall
grant any continuance of 15 days or less, concurred in by petitioner, the Control Officer and by every person who
has filed an answer in the action and may grant any reasonable continuance. In either case such action may be ex
parte, without a meeting of the Hearing Board and without prior notice.
|SECTION 124 |