ANTELOPE VALLEY AIR POLLUTION CONTROL DISTRICT
REGULATION XII
RULES OF PRACTICE AND PROCEDURE
(HEALTH AND SAFETY CODE SECTION 40509)

 
 

 
(Adopted: 4/7/1978; Rescinded: 10/21/1997)

RULE 1201. DISCRETION TO HOLD HEARING

Pursuant to Section 40509 of the Health and Safety Code, any person may petition the South Coast District Board to hold a hearing on a permit application. The Clerk of the District Board shall place any such petition on the next regular agenda so that the District Board may decide whether or not a public hearing will be set; and shall give written notice of the filing of such petition to the permit applicant not later than ten days prior to the date set for Board consideration of the petition.

However, if a petition is received by the Clerk of the District Board less than ten days prior to the next regular meeting of the District Board, the petition shall be set for consideration at a regular meeting of the month following.

[SIP Information: Approved ___________, 40 CFR 52.220(c)(47)(i)(A)]

 

 

(Adopted: 4/7/1978; Rescinded: 10/21/1997)

RULE 1202. NOTICE

If the Board decides to set a hearing, it may be set at the next regular meeting or at a special meeting. If the meeting is a special meeting, Ralph M. Brown Act (Government Code Section 54950 et seq.) requirements and the notice requirements of Section 40423 of the Health and Safety Code must be met; provided, however, that if a presiding officer sitting alone conducts the hearing, only the notice requirements of Section 40423 of the Health and Safety Code shall be complied with. In addition, the Clerk of the District Board shall deliver or mail a Notice of Hearing to all parties at least seven days prior to the hearing.

[SIP Information: Approved ___________, 40 CFR 52.220(c)(47)(i)(A)]

(Adopted: 4/7/1978; Rescinded: 10/21/1997)

RULE 1203. PETITIONS

Petitions filed pursuant to Section 40509 of the Health and Safety Code shall state the full name, address, and telephone number of each petitioner and his attorney, if any. The specific grounds for the petition shall be set forth in ordinary and concise language. The petition shall be drawn so as to completely advise the District Board of the facts instituting the grounds on which the District Board is requested to set a public hearing. An original plus 14 copies of a petition shall be presented to the Clerk of the District Board for filing.

[SIP Information: Approved ___________, 40 CFR 52.220(c)(47)(i)(A)]

 

 
(Adopted: 4/7/1978; Rescinded: 10/21/1997)

RULE 1204. ANSWERS TO PETITIONS

Any person may file a written answer, other responsive pleading, or memorandum not less than five days before the date of the District Board's consideration pursuant to Rule 1201. Said documents shall be served in accordance with Rule 1207.

[SIP Information: Approved ___________, 40 CFR 52.220(c)(47)(i)(A)]

 

 
(Adopted: 4/7/1978; Rescinded: 10/21/1997)

RULE 1205. FUNCTION OF THE BOARD

When a public hearing is set on a permit application, the function of the District Board is to reach a decision on the permit, as if the Board were acting as the Executive Officer. The duties of the Executive Officer as to permit applications are set forth in Regulation II.

[SIP Information: Approved ___________, 40 CFR 52.220(c)(47)(i)(A)]

 

 

 
(Adopted: 4/7/1978; Amended: 2/2/1979;Rescinded: 10/21/1997)

RULE 1206. APPEARANCES

(a) Participants may appear in any proceeding in person or by an attorney or other qualified representative. Appearances shall be filed with the Clerk of the District Board on forms provided by the Clerk. An individual may appear in his own behalf, a member of a partnership may represent the partnership, a bonafide officer of a corporation, trust, association or organized group may represent the corporation, trust, association or group, and an officer or employee of a State or Federal commission, of a department or political subdivision of a State or Federal, or other governmental authority, may represent such commission or the department or political subdivision of the State, Federal or other governmental authority, in any proceeding.

(b) Any person testifying or making a statement in a proceeding conducted pursuant to this Regulation, may be accompanied, represented and advised by an attorney or other qualified representative.

  1. The Presiding Officer before whom the hearing is held will cause to be entered upon the record all appearances, with a notation in whose behalf each appearance is made. Included in such appearances shall be staff counsel participating, and a notation shall be made in the record of the names of the members of the District Board's technical staff participating.
[SIP Information: Approved 09/28/81 46 FR 47451, 40 CFR 52.220(c)(65)(ii); Approved ___________, 40 CFR 52.220(c)(47)(i)(A)]

 

 

(Adopted: 4/7/1978; Amended: 2/2/1979; Amended: 6/3/1983;
Amended: 7/10/1992; Rescinded: 10/21/1997)

RULE 1207. SERVICE AND FILING

(a) By Parties. Motions, briefs, notices, testimony, exhibits, and all other papers when filed or tendered to the Clerk of the District Board for filing in proceedings pending before the District Board, shall certify service thereof upon each person designated on the official service list compiled by said Clerk in accordance with subdivision (b) of this rule. Such service shall be made by delivering in person or by mailing, properly addressed with postage prepaid, one copy to each such person.

(b) Persons Entitled to Service. The initial document, pleading, or communication filed by any person in any proceeding before the District Board shall specifically designate on the first page thereof the name and post office address of the persons upon who service of pleadings, documents, or communications shall be made. If a participant is represented by an attorney or other qualified representative, the name and address of the representative may also be designated for service, but in no event shall a participant be entitled to receive service on more than two persons in any one proceeding. There shall be one official service list for each proceeding. It shall be compiled by the Clerk of the District Board from the persons specifically designated in the initial pleading, document, or communication filed by each participant in that proceeding. If counsel or other qualified representative is changed, the participant shall designate the name and address of the substitute by serving written notice on the Clerk of the District Board and all persons on the service list. Copies of the official service list may be obtained from the Clerk of the District Board.

(c) Date of Service. The date of service shall be the day when the matter served is deposited in the United States mail, or is delivered in person, as the case may be.

(d) Certificate of Service. There shall accompany and be attached to the original of each pleading, document, or other paper filed with the Clerk of the District Board, when service is required to be made by the parties, a certificate of service.

(e) Time and Place of Filing. Unless otherwise directed, all documents shall be filed with the Clerk of the District Board, 21865 E. Copley Drive, Diamond Bar, California 91765. A document accepted for filing is considered to be filed on the date it is received by the Clerk of the District Board.

(f) Computation of Time. The time within which any document may be filed, as provided by any rule or statute or direction of the District Board, or the presiding officer, shall be so computed as to exclude the first day and include the last day; provided, that when the last day of any such period falls on Saturday, Sunday or a holiday under the laws of this State, the computation of the time shall omit such day and include the first business day thereafter.

[SIP Information: Approved ___________, 40 CFR 52.220(c)(137)(vii)(A); Approved 09/28/81 46 FR 47451, 40 CFR 52.220(c)(65)(ii)]

 

 
(Adopted: 4/7/1978; Amended: 2/2/1979; Rescinded: 10/21/1997)

RULE 1208. REJECTION OF DOCUMENTS

Documents which are not in substantial compliance with these rules, District Board orders, Presiding Officer orders, or applicable statutes may be rejected. If rejected, such papers will be returned with an indication of the deficiencies therein. Tendered documents which have been rejected shall not be entered into the record. Acceptance of a document for filing is not a determination that the document complies with all requirements of these rules, District Board orders, Presiding Officer orders or applicable statutes and is not a waiver of such requirements. The Clerk of the District Board, or the Presiding Officer may require amendments of a document and the Presiding Officer may require amendments of a document and the Presiding Officer may entertain appropriate motions in connection therewith.

[SIP Information: Approved 09/28/81 46 FR 47451, 40 CFR 52.220(c)(65)(ii)]

 
 
(Adopted: 4/7/1978; Rescinded: 10/21/1997)

RULE 1209. FORM AND SIZE

Pleadings and briefs shall be typewritten or printed upon paper 8-1/2" wide and 11" long, and exhibits annexed thereto shall be folded to the same size. Unless printed, the impression shall be on one side of the paper only and shall be double-spaced except that footnotes and quotations in excess of a few lines may be singled-spaced. Pleadings shall be bound on the left side. Reproductions may be by any process, provided all copies are clear and permanently legible.

[SIP Information: Approved ___________, 40 CFR 52.220(c)(47)(i)(A)]

(Adopted: 4/7/1978; Rescinded: 10/21/1997)

RULE 1210. COPIES

Unless otherwise required by the District Board, there shall be filed with the Clerk of the District Board an original and fourteen conformed copies of each pleading, or amendment thereof, and the original and fourteen copies of each brief or petition for rehearing.

[SIP Information: Approved ___________, 40 CFR 52.220(c)(47)(i)(A)]

 
 
(Adopted: 4/7/1978; Rescinded: 10/21/1997)

RULE 1211. SUBPOENAS

There is no statutory provision for the issuance of subpoenas for hearings pursuant to Section 40509 of the Health and Safety Code.

[SIP Information: Approved ___________, 40 CFR 52.220(c)(47)(i)(A)]

 

 

(Adopted: 4/7/1978; Amended: 2/2/1979; Rescinded: 10/21/1997)

RULE 1212. CONTINUANCES

(a) Except as otherwise provided by law, the Presiding Officer may for good cause at any time, with or without motion, continue or adjourn any hearing. A hearing conducted pursuant to this Regulation shall begin at the time and place fixed in an order or a notice, but thereafter may be adjourned from time to time or from place to place by the District Board or the Presiding Officer.

(b) Any party confronted with new testimony or exhibits may be afforded a reasonable time to review such material and to prepare cross-examination, if required to avoid prejudice.

[SIP Information: Approved 09/28/81 46 FR 47451, 40 CFR 52.220(c)(65)(ii)]

 

 
(Adopted: 4/7/1978; Amended: 2/221979; Rescinded: 10/21/1997)

RULE 1213. REQUEST FOR CONTINUANCES OR TIME EXTENSIONS

Except as otherwise provided in this Regulation, requests for continuance of hearings or for extensions of time in which to perform any act required or allowed to be done at or within a specified time by any rule, regulation, or order of the District Board or Presiding Officer shall be by motion in writing, timely filed with the Presiding Officer, stating the facts on which the application rests, except that during the course of a hearing in a proceeding such requests may be made by oral motion. Written motions filed under this section shall conform to the requirements of Rule 1228.

[SIP Information: Approved 09/28/81 46 FR 47451, 40 CFR 52.220(c)(65)(ii)]

 

 
(Adopted: 4/7/1978; Rescinded: 10/21/1997)

RULE 1214. TRANSCRIPT AND RECORD

Hearings shall be stenographically reported by a certified court reporter retained by the District Board, and a transcript of said report shall be a part of the record and the sole official transcript of the proceeding. Such transcripts shall include a verbatim report of the hearings; nothing shall be omitted therefrom except as is directed on the record by the District Board or the Presiding Officer. Participants desiring copies of such transcript may obtain the same from the official reporter upon payment of the fees fixed therefore. An official copy of the record and transcript(s) shall be kept available at District Headquarters by the Clerk of the District Board for inspection during business hours by members of the public.

[SIP Information: Approved ___________, 40 CFR 52.220(c)(47)(i)(A)]

 

 
(Adopted: 4/7/1978; Amended: 2/2/1979; Rescinded: 10/21/1997)

RULE 1215. CONDUCT OF HEARING

(a) When a hearing is set in accordance with Rule 1201, the District Board shall determine whether a hearing officer is to hear the proceeding alone or whether the District Board, or one or more of its members, is to hear the case with or without a hearing officer. The District Board shall designate a Presiding Officer where two or more of its members, without a hearing officer, are designated to hear a proceeding.

(b) Any hearing officer appointed pursuant to this rule shall be an attorney at law, having been admitted to practice before the courts of this State for at least five years prior to his appointment.

(c) The Presiding Officer shall have the authority, within the District Board's powers and subject to its published rules as follows:

(1) To regulate the course of hearings, including the scheduling thereof, and the recessing, reconvening, and adjournment thereof, unless otherwise provided by the District Board.

(2) To take evidence under oath or affirmation.

(3) To rule upon offers of proof and receive evidence.

(4) To hold appropriate conferences before or during hearings.

(5) To dispose of procedural matters but not, before the initial or recommended decisions, to dispose of motions made during hearings to dismiss proceedings or other motions which involve final determination of proceedings.

(6) Within the Presiding Officer's discretion, or upon direction of the District Board, to certify any question to the District Board for its consideration and disposition.

(7) To take any other action necessary or appropriate to the discharge of the duties vested in the Presiding Officer, consistent with the statutory or other authorities under which the District Board functions and with the rules, regulations, and policies of the District Board or of the District.

(d) It is the duty of the Presiding Officer to conduct a fair and impartial hearing and to maintain order. Any disregard by participants or counsel of the Presiding Officer's rulings on matters of order and procedure shall be noted on the record, and where the Presiding Officer deems it necessary, shall be made the subject of a special written report to the District Board. In the event the participants or counsel should be guilty of disrespectful, disorderly or contumacious language or conduct in connection with any hearing, the Presiding Officer immediately may submit to the District Board his report thereon together with his recommendations, and in his discretion suspend the hearing.

(e) Rulings of the Presiding Officer may not be appealed from during the course of hearings or conferences except in extraordinary circumstances where prompt decision by the District Board is necessary to prevent detriment to the public interest as to the orderly conduct of the hearing. In such instance, the matter shall be referred forthwith by the Presiding Officer to the District Board for determination and the Presiding Officer may in his discretion suspend the hearing until the District Board's determination of the matter.

(f) Any offer of proof made in connection with an objection taken to any ruling of the Presiding Officer rejecting or excluding proffered oral testimony shall consist of a statement of the substance of the evidence which counsel contends would be adduced by such testimony; and if the excluded evidence consists of evidence in documentary or written form or of reference to documents or records, a copy of such evidence shall be marked for identification and shall constitute the offer of proof.

(g) Unless the District Board acts upon questions referred by the Presiding Officer to the District Board for determination or upon appeals taken to the District Board from rulings of the Presiding Officer within thirty (30) days after referral or filing of the appeal, whichever is later, such referrals or appeals shall be deemed to have been denied. The parties to the proceeding shall be given appropriate notice of the date of the referral or appeal by the Presiding Officer or the appellant, as the case may be.

[SIP Information: Approved 09/28/81 46 FR 47451, 40 CFR 52.220(c)(65)(ii)]

 

 

 

(Adopted: 4/7/1978; Amended: 2/2/1979; Rescinded: 10/21/1997)

RULE 1216. PRESIDING OFFICER

For the purpose of this Regulation, "Presiding Officer" shall mean a hearing officer appointed pursuant to Rule 1215, or any member of the District Board who is designated a Presiding Officer, or who, alone is conducting a hearing pursuant to Rule 1215. "Presiding Officer" shall also mean the Chairman of the District Board when the hearing is conducted before the District Board; provided, however, in such instance, that the rulings of the Chairman shall be subject to review and vote by the District Board if requested by any Board member.

[SIP Information: Approved 09/28/81 46 FR 47451, 40 CFR 52.220(c)(65)(ii)]

 

 

 

(Adopted: 4/7/1978; Rescinded: 10/21/1997)

 

RULE 1217. DISQUALIFICATION OF HEARING OFFICER OR BOARD MEMBER A hearing officer or District Board member shall voluntarily disqualify himself and withdraw from any case in which he cannot accord a fair and impartial hearing or consideration. Any party may request the disqualification of any hearing officer or District Board member by filing an affidavit, prior to the taking of evidence at a hearing or as soon as possible after knowledge is obtained of possible grounds for disqualification, stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded. Where the request concerns a District Board member, the issue shall be determined by the other members of the District Board. Where the request concerns the hearing officer, the issue shall be determined by the District Board itself if the District Board itself hears the case with the hearing officer, otherwise the issue shall be determined by the hearing officer. No District Board member shall withdraw voluntarily or be subject to disqualification if his disqualification would prevent the existence of a quorum qualified to act in the particular case.

[SIP Information: Approved ___________, 40 CFR 52.220(c)(47)(i)(A)]

 

 

 

(Adopted: 4/7/1978; Amended: 2/2/1979; Rescinded: 10/21/1997)

RULE 1218. EX PARTE COMMUNICATIONS

(a) In any proceeding conducted pursuant to this Regulation, except to the extent required for the disposition of ex parte matters as authorized by law: (1) No interested person outside the District shall make or knowingly cause to be made to any Board member or hearing officer who is or may reasonably be expected to be involved in the decisional process of the proceeding, an ex parte communication relevant to the merits of the proceeding; (2) No Board member or hearing officer who is or may reasonably be expected to be involved in the decisional process of the proceeding shall make or knowingly cause to be made to any interested person outside the District an ex parte communication relevant to the merits of the proceeding;

(b) A Board member or hearing officer who is or may reasonably be expected to be involved in the decision process of such proceeding who receives, or who makes or knowingly cause to be made, a communication prohibited by this Rule shall place on the public record of the proceeding:

(1) all such written communications;

(2) memoranda stating the substance of all such oral communications; and

(3) all written responses and memoranda stating the substance of all oral responses to the material described in clauses (1) and (2) of this subparagraph.

(c) Upon receipt of a communication knowingly made or knowingly caused to be made by a party in violation of this subsection, the Presiding Officer may, to the extent, consistent with the interest of justice and the policy underlying this Regulation, require the party to show cause why his claim or interest in the proceeding should not be dismissed, denied, disregarded, or otherwise adversely affected on account of such violation.

(d) The prohibitions of this Rule shall apply beginning at such time as the agency may designate, but in no cases shall they begin to apply later than the time at which a proceeding is noticed for hearing unless the person responsible for the communication has knowledge that it will be noticed, in which case the prohibitions shall apply beginning at the time of his acquisition of such knowledge.

[SIP Information: Approved 09/28/81 46 FR 47451, 40 CFR 52.220(c)(65)(ii)]

 

 

(Adopted: 4/7/1978; Amended: 2/2/1979; Rescinded: 10/21/1997)

RULE 1219. EVIDENCE

(a) Although technical rules of evidence ordinarily need not be applied, substantial rights of the parties shall be preserved. Relevant and material evidence shall be admissible, but there shall be excluded such evidence as is unduly repetitious or cumulative, or such evidence as is not of the kind which would affect reasonable and fair-minded men in the conduct of their daily affairs.

(b) Oral evidence shall be taken only on oath or affirmation.

(c) Each party shall have these rights: to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matters 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. The taking of evidence and subsequent proceedings shall proceed with all reasonable diligence and with the least practicable delay.

(d) 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 now, or hereafter may be, recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded.

(e) The Presiding Officer shall rule on the admissibility of all evidence. Such rulings may be reviewed by the District Board pursuant to Rule 1215 in determining the matter on its merits. In extraordinary circumstances where prompt decision by the District Board is necessary to promote substantial justice, the Presiding Officer may refer the matter to the District Board for determination pursuant to Rule 1215. The number of witnesses to be heard on any issue may be limited appropriately or the production of further evidence upon any issue may be called for.

(f) When objections are made to the admission or exclusion of evidence, the grounds relied upon shall be stated briefly. Formal exceptions to rulings are unnecessary and need not be taken.

(g) If relevant and material matter offered in evidence is embraced in a document containing other matter, the party offering it shall designate specifically the matter so offered. If other matter in the document would unnecessarily encumber the record, the document will not be received in evidence, but at the discretion of the Presiding Officer, the relevant and material matter may be read into the record or copies thereof received as an exhibit. Other parties shall be afforded opportunity to examine the document, and to offer in evidence other portions thereof believed material and relevant.

(h) When exhibits are offered in evidence, the original shall be furnished to the Clerk of the Board and a copy to the Presiding Officer, to each Board member hearing the case, to the reporter and to each party, unless the Presiding Officer directs otherwise.

  1. Upon any filing of specific documentary evidence as a part of the record, the Presiding Officer may require the production of further evidence within a specified time, and shall reserve exhibit numbers therefore.
[SIP Information: Approved 09/28/81 46 FR 47451, 40 CFR 52.220(c)(65)(ii)]

 

 

(Adopted: 4/7/1978; Rescinded: 10/21/1997)

RULE 1220. PREPARED TESTIMONY

Direct testimony of any witness may be offered as an exhibit, or as prepared written testimony to be copied into the transcript. Copies of such proposed exhibit or prepared written testimony shall be served upon all parties to the proceeding or their attorneys of record, and staff counsel, or if the hearing is in session, may be distributed to each party. The Presiding Officer may permit the introduction of such written testimony after having given all parties and staff counsel present a reasonable opportunity to examine it. Whenever in the circumstances of a particular case it is deemed necessary or desirable, the District Board or the Presiding Officer may direct that testimony to be given upon direct examination shall be reduced to exhibit form or to the form of prepared written testimony and be served and offered in the manner hereinbefore described, unless it is determined that the public interest would be better served by allowing the proposed testimony to be read into the record. A reasonable period of time shall be allowed for the preparation of such written testimony. All such prepared written testimony when filed and served shall be authenticated by an appropriate affidavit of the witness.

[SIP Information: Approved ___________, 40 CFR 52.220(c)(47)(i)(A)]

 

 

 

(Adopted: 4/7/1978; Rescinded: 10/21/1997)

RULE 1221. OFFICIAL NOTICE

In reaching a decision, official notice may be taken either before or after submission of the case for decision of any generally accepted technical or scientific matter within the District Board's special field, and of any fact which may be judicially noticed by the courts of this State. Parties present at the hearing shall be informed of the matters to be noticed, and those matters shall be noted in the record, referred to therein, or appended thereto. Any such party shall be given a reasonable opportunity on request to refute the officially noticed matters by evidence or by written or oral presentation of authority, the manner of such refutation to be determined by the hearing officer or by the District Board, as appropriate.

[SIP Information: Approved ___________, 40 CFR 52.220(c)(47)(i)(A)]

 

 

 

(Adopted: 4/7/1978; Amended: 2/2/1979; Rescinded: 10/21/1997)

RULE 1222. ORDER OF PROCEEDINGS

Unless otherwise ordered by the District Board or the Presiding Officer, the order of proceedings shall be as follows:

(a) Preliminary matters.

(b) Opening statements by each party.

(c) Testimony of witnesses for applicant, followed by cross-examination.

(d) Testimony of District witnesses, and cross-examination, if any.

(e) Testimony by petitioners followed by cross-examination.

(f) Testimony presented on behalf of any interested persons followed by cross-examination.

(g) Rebuttal testimony by staff, applicant, petitioners, followed by cross-examination.

(h) Surrebuttal testimony, if desired, followed by cross-examination of surrebuttal redirect and recross examination shall be authorized as appropriate.

[SIP Information: Approved 09/28/81 46 FR 47451, 40 CFR 52.220(c)(65)(ii)]

 

 

(Adopted: 4/7/1978; Rescinded: 10/21/1997)

RULE 1223. PREHEARING CONFERENCE

(a) The District Board or the Presiding Officer may hold a prehearing conference for the purposes of formulating or simplifying the issues, arranging for the exchange of proposed exhibits or prepared expert testimony, limitation of number of witnesses, and such other matters as may expedite orderly conduct and disposition of the proceeding. No party may be bound on any such matters unless all parties stipulate thereto.

(b) Facts disclosed in prehearing conferences are privileged. Except by agreement, they shall not be used against participating parties, before the District Board or elsewhere, unless proved by evidence other than the fact of such disclosure.

[SIP Information: Approved ___________, 40 CFR 52.220(c)(47)(i)(A)]

 

 
(Adopted: 4/7/1978; Rescinded: 10/21/1997)

RULE 1224. OPENING STATEMENTS

Opening statements may be presented by any party or his representative. Opening statements should briefly set forth the position of each party together with an identification of the issues to be raised by each party. The opening statements should not include testimony or exhibits and are not subject to cross-examination.

[SIP Information: Approved ___________, 40 CFR 52.220(c)(47)(i)(A)]

 

 

(Adopted: 4/7/1978; Amended: 2/2/1979; Rescinded: 10/21/1997)

RULE 1225. CONDUCT OF CROSS-EXAMINATION

The Presiding Officer shall offer the right of cross-examination to each party in the established order of presentations (staff, applicant, petitioners, others). Cross-examination should be limited to the issues before the Board on the case. The Presiding Officer may impose reasonable restrictions on the length and duration of cross-examination and may rule out-of-order those questions that have been previously asked and answered. Interested persons have the right to cross-examine witnesses; however, the Presiding Officer may require that questions be submitted in writing, to be posed to the witness either by the Counsel for the District or by the Presiding Officer.

For purposes of this rule, "interested persons" shall mean any person who has filed an appearance pursuant to Rule 1206; except the Staff, applicant, and petitioner.

[SIP Information: Approved 09/28/81 46 FR 47451, 40 CFR 52.220(c)(65)(ii)]

 

 

(Adopted: 4/7/1978; Amended: 2/2/1979; Rescinded: 10/21/1997)

RULE 1226. ORAL ARGUMENT

If the Presiding Officer is of the opinion that the complexity or importance of the issues so warrant, the Presiding Officer may direct or permit the presentation of oral argument.

[SIP Information: Approved 09/28/81 46 FR 47451, 40 CFR 52.220(c)(65)(ii)]

 

 
(Adopted: 4/7/1978; Amended: 2/2/1979; Rescinded: 10/21/1997)

RULE 1227. BRIEFS

The Presiding Officer may fix the time for the filing of briefs. Concurrent briefs are preferable. Exhibits may be reproduced in an appendix to a brief. A brief of more than 20 pages shall contain a subject index and table of authorities. Requests for extension of time to file briefs must be made to the Presiding Officer in writing, and a copy thereof served upon or mailed to the other parties to the proceeding. Ordinarily, when a matter has been submitted on concurrent briefs, extensions will not be granted unless a stipulation is filed with the Presiding Officer. The original of each brief shall contain a certification that copies have been served upon or mailed to each party or his attorney.

[SIP Information: Approved 09/28/81 46 FR 47451, 40 CFR 52.220(c)(65)(ii)]

 

 

(Adopted: 4/7/1978; Amended: 2/2/1979; Rescinded: 10/21/1997)

RULE 1228. MOTIONS

(a) Scope and Contents. After a hearing has commenced in a proceeding, a request may be made by motion for any procedural or interlocutory ruling or relief desired. Other motions may be made as provided for elsewhere in this Regulation. Motions shall set forth the ruling or relief sought, and state the grounds therefore and the statutory or other authority relied upon, if any.

(b) Presentation. The requirements of Rule 1207 shall apply to all written motions. Motions made during hearings may be stated orally upon the record provided, however, that the Presiding Officer may require that such motions be reduced to writing and filed separately.

(c) Objections. Any party or staff counsel shall have seven days within which to answer or object to any written motion unless the period of time is otherwise fixed by the Presiding Officer.

(d) Rulings On. The Presiding Officer designated to preside at a hearing is authorized to rule upon any motion not formally acted upon by the District Board prior to the commencement of the hearing where immediate ruling is essential in order to proceed with the hearing, and upon any motion filed or made after the commencement thereof and prior to the submission of his proposed decision in the proceedings; provided, however, that no motion made before or during a hearing, a ruling upon which would involve or constitute a final determination of the proceeding, shall be ruled upon by a Presiding Officer except as a part of either his proposed decision submitted after the conclusion of the hearing; provided further, that this subsection shall not be construed as precluding a Presiding Officer, within his discretion, from referring any motion to the District Board for ultimate determination. The District Board will rule upon all other motions and upon such motions as the Presiding Officer may certify to the District Board for disposition.

(e) District Board Action. With respect to any motion filed or made to a Presiding Officer after a hearing has commenced and referred to the District Board, unless the District Board acts within 30 days after such filing or referral, whichever is later, the motion shall be deemed to have been denied. The Presiding Officer shall notify the parties to the proceeding of the date on which a motion is referred to the District Board either by an announcement on the record where the hearing is in session or by written notice if the hearing is in recess.

[SIP Information: Approved 09/28/81 46 FR 47451, 40 CFR 52.220(c)(65)(ii)]

 

 
(Adopted: 4/7/1978; Amended: 2/2/1979; Rescinded: 10/21/1997)

RULE 1229. DECISIONS

(a) Where a case is heard before the District Board itself, no member thereof who did not hear the evidence shall vote on the decision unless that member certifies on the record that he has read the record including the transcript, or has listened to tape recordings of the proceedings.

(b) If a proceeding is heard by either a hearing officer or member of the District Board alone, he shall prepare a recommended decision in such form that it may be adopted as the decision and findings in the proceeding. If a proceeding is heard by two or more members of the District Board, but less than a quorum of the Board, then the Presiding Officer at such hearing shall prepare a recommended decision, concurred in by a majority of the members of the District Board who heard such proceeding, in such form that may be adopted as the decision and findings in the proceeding. A copy of the recommended decision shall be filed with the District Board as a public record and a copy of the recommended decision shall be served by the Clerk of the District Board on each party in the proceeding and his attorney. The District Board itself may adopt the recommended decision in its entirety.

(c) If the recommended decision is not adopted as provided in subdivision (b), the District Board itself either may decide the proceeding upon the record, including the transcript, with or without taking additional evidence, or may refer the proceeding to the same Presiding Officer to take additional evidence. If the proceeding is so assigned to a Presiding Officer, he shall prepare a recommended decision as provided in subdivision (b) upon the additional evidence and the transcript and other papers which are part of the record of the prior hearing. A copy of such recommended decision shall be furnished to each party and his attorney as prescribed in subdivision (b). The District Board itself shall decide no proceeding provided for in this subdivision without affording the parties an opportunity to present either oral or written argument before the District Board itself.

If additional evidence is introduced before the District Board itself, no District Board member may vote on the decision in the proceeding unless he has complied with subdivision (a).

(d) The decision of the District Board pursuant to this Rule shall be in writing and shall contain findings of fact and a determination of the issues presented. Copies of such decision shall be delivered to the parties personally or sent to them by mail in accordance with Rule 1207.

[SIP Information: Approved 09/28/81 46 FR 47451, 40 CFR 52.220(c)(65)(ii)]

 

 

 

 

 

(Adopted: 4/7/1978; Amended: 2/2/1979; Rescinded: 10/21/1997)
RULE 1230. PROPOSED DECISION AND EXCEPTIONS Prior to submitting the recommended decision in accordance with subdivision (b) or (c) of Rule 1229, the Presiding Officer shall prepare a proposed decision. A copy of the proposed decision shall be served by the Clerk of the District Board on each party in the proceeding and his attorney. Any party to a proceeding may file exceptions to a proposed decision within 15 calendar days after service on such party of the proposed decision. Such exceptions shall be filed with the Clerk of the District Board for transmittal to the Presiding Officer. Exceptions shall be specific and stated and numbered separately. Exceptions to factual findings shall be specific and stated and numbered separately. Exceptions to factual findings shall, with supporting reasons, specify the portions of the record relied upon, propose substitute findings, and propose any additional findings, with supporting reasons. Exceptions to determination of the issues shall cite statutory provisions or principal authorities relied upon, propose substitute determinations, and propose any additional determinations. Exceptions filed pursuant to this Rule shall be considered by the Presiding Officer in preparing the recommended decision.

[SIP Information: Approved 09/28/81 46 FR 47451, 40 CFR 52.220(c)(65)(ii)]

 

 
(Adopted: 4/7/1978; Deleted: 2/2/1979)

RULE 1231. JUDICIAL REVIEW

This rule was deleted by the South Coast Air Quality Management District Governing Board on February 2, 1979.

[SIP Information: Approved ___________, 40 CFR 52.220(c)(47)(i)(A)]