Alpine County Municipal Code Art. V Procedure Before the Hearing Board

The provisions of Articles 5 and 6, Chapter 2, Division 20 of the State Health and Safety Code, as amended, respectively entitled “Variances” and “Procedure,” are incorporated herein by this reference. (Ord. 325 Rule 5.1, 1972)

The procedure set out in this article shall apply to all hearings before the hearing board of the Air Pollution Control District. (Ord. 325 Rule 5.2, 1972)

Request for a hearing shall be initiated by the filing of a petition in triplicate with the clerk of the hearing board who shall be the county clerk acting ex officio, and the payment to said clerk of the fee provided in Section 16.04.190. No fee shall be required for the filing of a petition by a public agency or a public officer acting in scope of his official capacity. (Ord. 325 Rule 5.3, 1972)

Every petition shall state:

A. The name, address and telephone number of the petitioner or other person authorized to receive service of notice;

B. Whether the petitioner is an individual, copartnership, corporation, or other entity; names and addresses of partners if a copartnership; names and addresses of the persons in control if other entity.

C. The type of business or activity involved in the application, and the street address at which it is conducted.

D. A brief description of the article, machine, equipment or other contrivance, if any involved in the application.

E. Whether the petitioner desired a hearing:

1. For a variance under Section 24292, Health and Safety Code;

2. For an alleged violation;

3. Other matter specified in Division 20, Chapter 2, Health and Safety Code.

F. Each petition shall be signed by the petitioner, or some person on his behalf, and where the person is not the petitioner, it shall set forth his authority to sign.

G. All petitions shall be typewritten, double spaced, on letter size paper, on one side of the paper only, leaving a margin of at least one inch at the top and left side of each sheet.

H. In the event that the petitioner desires a hearing for an alleged violation pursuant to the provisions of subsection E of this section, said petition shall contain the following statements:

1. Statement required by subsection A of this section;

2. Statement required by subsection B of this section;

3. Statement required by subsection C of this section;

4. Statement required by subsection D of this section;

5. The exact date and hour upon which the alleged violation took place and the duration of the alleged violation, or, alternatively, the exact duration of the time of observation of the alleged violation;

6. The precise location of the alleged violation and the location of the observer or observers of said alleged violation;

7. A statement as to the exact nature of the violation including, but not limited to, a definitive statement of the nature of the contaminant involved in said alleged violation;

8. A statement setting forth the section of this chapter which is alleged to have been violated;

9. A statement of the results of any scientific or technical tests used by the petitioner in support of his claim of alleged violation. The date, time, place and circumstances of the taking of said tests, along with the name or names and addresses of all persons participating in the making of said tests;

10. The name or names of all persons who were witnesses to the alleged act of violation;

11. Statement required by subsection F of this section;

12. The form required by subsection G of this section. (Ord. 325 Rule 5.4, 1972)

In addition to the matters required by Section 16.04.500, a petition shall state briefly:

A. The section, rule or order complained of;

B. The facts showing why compliance with the section, rule or order is unreasonable;

C. For what period of time the variance is sought and why;

D. The damage or harm resulting or which would result to petitioners from a compliance with such section, rule or order,

E. The requirements which petitioner can meet and the date when petitioner can comply with such requirements;

F. The advantages and disadvantages to the residents of the district resulting from granting a variance. (Ord. 325 Rule 5.5, 1972)

The clerk of the hearing board shall not accept for filing any petition which does not comply with these rules relating to the form, filing, and service of petitions. (Ord. 325 Rule 5.6, 1972)

Any interested person may file an answer within ten days after service. (Ord. 325 Rule 5.7, 1972)

The petitioner may withdraw his petition at any time before submission of the case to the hearing board, without a hearing or meeting of the hearing board. The clerk of the hearing board shall notify all interested persons of such withdrawal. (Ord. 325 Rule 5.8, 1972)

All hearings shall be held at the time and place designated by the hearing board. (Ord. 325 Rule 5.9, 1972)

The clerk of the hearing board shall mail or deliver a notice of hearing to the petitioner, the air pollution control officer, the holder of the permit or variance involved, if any, and to any person entitled to notice under Sections 24275, 24292, or 24299, Health and Safety Code. (Ord. 325 Rule 5.10, 1972)

A. Oral evidence may be taken on oath or affirmation.

B. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witness on any matter relevant to the issues, and to rebut the evidence against him.

C. The formal rules of evidence or procedure which must be followed in a court proceeding shall not be applicable. 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. 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. (Ord. 325 Rule 5.11, 1972)

A record of all proceedings before the hearing board shall be made. The record shall be a written summary of all the evidence, testimony and proceedings presented at the hearing made by a person designated by the hearing board for that purpose. One copy of such transcript, certified to by the recorder as to its accuracy, shall be forwarded to the air pollution control officer. (Ord. 325 Rule 5.12, 1972)

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 members of the hearing board without a hearing or meeting of the hearing board and without notice. (Ord. 325 Rule 5.13, 1972)

The hearing board may take official notice of any matter which may be judicially noticed by the courts of this state. (Ord. 325 Rule 5.14, 1972)

The chairman or any two members of the board shall grant any continuance of fifteen days or less, concurred in by petitioner, and the air pollution control officer, 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. (Ord. 325 Rule 5.15, 1972)

All hearings shall be held by two or more members of the board. The decision shall be in writing served and filed within fifteen days after submission of the cause by the parties thereto and shall contain a brief statement of facts found to be true, the determination of the issues presented, and the order of the hearing board. A copy shall be mailed or delivered to the air pollution control officer and the petitioner. (Ord. 325 Rule 5.16, 1972)

The decision shall become effective fifteen days after delivering or mailing a copy of the decision, as provided in Section 16.04.610, or the hearing board may order that the decision shall become effective sooner. (Ord. 325 Rule 5.17, 1972)

Whenever the members of the hearing board conducting any hearing deem it necessary to examine any person as a witness at such hearing, the chairman of the hearing board shall issue a subpoena, in proper form, commanding such person to appear before it at a time and place specified to be examined as a witness. The subpoena may require such person to produce all books, papers, and documents in his possession or under his control to such hearing. (Ord. 325 Rule 5.18, 1972)