MBUAPCD R6ART4 PROCEDURES FOR HEARING BOARD ADJUCUATIONS
LAST REVISED 12/17/86

REGULATION IV

HEARING BOARD RULES

Adopted by the District Hearing Board on December 12, 1986.

These rules are effective as of December 17, 1986.

MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT


ARTICLE 4. HEARING PROCEDURE

4.1 Time and Place of Hearing.

The Hearing Board shall determine the time and place of hearing, which place shall be readily accessible to the public.

4.2

(c) Notice of Hearing: Interim or Short Term Variance or Modification of a Schedule of Increments of Progress.

Pursuant to Health and Safety Code Sections 40824 and 40825, in the case of an interim variance, short term variance, or modification of a Schedule of Increments of Progress, the notice shall be served as required in 4.2b (1), and upon any person who requests notice of such actions, not less than 10 days before the hearing.

(d) Notice of Hearing: Revocation or Modification of a Variance.

Pursuant to Health and Safety Code Section 40823 the Hearing Board shall serve notice of the time and place of a hearing to revoke or modify any order permitting a variance not less than 10 days prior to such hearing upon the Air Pollution Control Officer, upon the party affected and upon all other persons who have filed with the Hearing Board or Air Pollution Control Officer a written request for such notification.

The Hearing Board shall also publish a notice of the hearing in at least one newspaper of significant general circulation in each county of the District. The notice shall contain the time and place of the hearing and such other information as may be necessary to reasonably apprise the people within the District of the nature and purpose of the meeting.

4.3 Representation of Counsel.

A party in any Hearing Board proceeding may be represented by legal counsel, but this is not mandatory. If a party elects to proceed without legal counsel, this does not entitle such party to a rehearing. A party requesting relief in a Hearing Board proceeding must appear in person or by legal counsel or other qualified representative in any hearing scheduled upon the request.

4.4 Order of Proceedings.

The order of proceedings before the Hearing Board shall ordinarily be as follows. The Hearing Board may in its discretion alter the order of proceedings as may be desirable to expedite the business of the board.

4.5 Validity of Class Action.

As soon as practicable after the commencement of a proceeding brought as a class action, the Hearing Board shall determine whether it may properly be so maintained and may, if necessary, hold a hearing with respect to this determination prior to the initiation of hearings on the merits of the application.

4.6 Preparation and Filing of Record.

All proceedings of the Hearing Board shall be recorded by a court reporter. Proceedings will not be transcribed unless a request for a transcription is made to the court reporter by a party to the proceedings or a member of the Hearing Board. In the event a transcript is desired by a party to the proceedings other than the District, the cost of this transcription shall be paid by said party.

4.7 Subpoenas.

4.8 Evidence.

4.9 Official Notice. Putting Noticed Matters upon Record: Manner of Refutation.

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 Hearing 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, 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 Board.

4.10 Withdrawal of Abandonment of Application for Variance or Accusation.

4.11 Failure to appear for Hearing or to File a Notice of Defense.

4.12 Amendment of Accusation before Submission.

At any time before the matter is submitted for decision, the Hearing Board may file or permit the filing of an amended or supplemental accusation. All parties shall be notified thereof. If the amended or supplemental accusation presents new charges, the Hearing Board shall afford the respondent a reasonable opportunity to prepare his defense thereto, but he shall not be entitled to file further pleadings unless the Hearing Board so orders. Any such new charges shall be deemed controverted and any objections to the amended or supplemental accusation may be made orally and shall be noted in the record

4.13 Amendment of Accusation after Submission.

The Hearing Board may order amendment of the accusation after submission of the case for decision. Each party shall be given notice of the intended amendment and an opportunity to show that he will be prejudiced thereby unless the case is reopened to permit the introduction of additional evidence in his behalf. If such prejudice is shown, the Hearing Board shall reopen the case to permit the introduction of additional evidence

4.14 Amendment of Application.

The Hearing Board may in its discretion, upon stipulation or ten days notice, permit the amendment of an application either before or after submission on such terms and conditions as it may determine to be proper. The Hearing Board may continue the hearing, or reopen the hearing if the case has been submitted, whenever an amendment to an application makes it necessary to do so.

4.15 Hearing by Five Members or less.

4.16 Request for Rehearing: Time to File.

The Hearing Board may grant or deny a rehearing of a decision if a party petitions for a rehearing within ten days after a copy of the decision has been mailed to him.

4.17 Rehearing of Matter Decided by Less Than Five Members.

The Hearing Board with not less than four members being present, may, within 30 days rehear any matter which was decided by three members

4.18 Disqualification of Hearing Board Members.

A Hearing Board member shall disqualify himself and withdraw from any case in which, in his opinion, he cannot accord a fair and impartial hearing or consideration. Any party may request the disqualification of any member by filing an affidavit before the submission of the case for decision stating with particularity ~he grounds upon which it is claimed that a fair and impartial hearing cannot be accorded. The issue raised by the request shall be determined by the other members of the Hearing Board.

4.19 Quorum.

Three members of the Hearing Board shall constitute a quorum.

4.20 Continuances.

Authority for scheduling cases before the Hearing Board or continuing cases before the Hearing Board rests with the Chairperson of the Hearing Board or, in his absence, the Vice Chairperson. Requests for continuance of cases scheduled before the Hearing Board must be received by the Clerk of the Hearing Board 72 hours prior to the time set for the hearing, excluding Sundays and Holidays. For hearings which are set for a Monday, the request must be received by the Clerk of the Hearing Board prior to 3:00 p.m. of the preceding Thursday. It is the responsibility of the parties before the Hearing Board to notify the Clerk of the Hearing Board when they request continuance of a hearing. When the Clerk has obtained approval for a continuance from the Chairperson of the Hearing Board or, in his absence, the Vice Chairperson, the Clerk will notify the other members of the Hearing Board and other parties involved in the case of the change in the schedule. When the continuance is not approved, the Clerk will notify the party making the request. Continuance requests made after the required 72 hour period will be ruled on by the Hearing Board during the scheduled hearing.

4.21 Orders of the Hearing Board.

All orders of the Hearing Board shall be in writing and shall contain the findings and conclusions upon which the Board's decision is based. The decision of the Hearing Board shall be effective upon filing with the Clerk, unless otherwise provided in the order.

4.22 Judicial Review.

Judicial review may be had of a decision of the Hearing Board by filing a petition for writ of mandate within 30 days of the transmittal of the Hearing Board's decision to the parties by the Clerk, as provided in Health and Safety Code Section 40864.

4.23 Prehearing Conferences.

4.24 Stipulations.