2005 California Health and Safety Code Sections 40800-40809 Article 1. General Provisions

40800.  There is continued in existence and shall be, in each
district, one or more hearing boards consisting of five members each,
as specified in Section 40801, appointed by the district board.
   The district board may also appoint one alternate for each member.
  The alternate shall have the same qualifications, specified in
Section 40801, as the member for whom such person is the alternate.
The alternate may serve only in the absence of the member, and for
the same term as the member.
   An alternate shall not hold any of the single member hearings
authorized by subdivision (c) of Section 40824, subdivision (c) of
Section 40825, Section 42351.5, or Section 42359.5.
40800.5.  Any district board may designate the hearing board
appointed by it as the "district hearing panel."  Every provision of
every statute and every regulation that relates to hearing boards
appointed pursuant to this chapter shall be fully applicable to any
district hearing panel that is so designated pursuant to this
section.
40801.  A hearing board shall consist of:
   (a) One member admitted to the practice of law in this state.
   (b) One member who is a professional engineer registered as such
pursuant to the Professional Engineers Act (Chapter 7 (commencing
with Section 6700) of Division 3 of the Business and Professions
Code).
   (c) One member from the medical profession whose specialized
skills, training, or interests are in the fields of environmental
medicine, community medicine, or occupational/toxicologic medicine.
   (d) Two public members.
40802.  If the district board, in the case of a district with a
population of less than 750,000, is unable to appoint a person with
the qualifications specified in Section 40801 who is willing and able
to serve, and for that reason a vacancy exists on the hearing board,
the county district board may, in order to fill that vacancy,
appoint any person to the hearing board.
40803.  No officer or employee of the district, or of the county in
the case of a county district, shall be a member of the district
hearing board.
40804.  The terms of the members of a hearing board shall be three
years.
   In the case of the initial members of a hearing board appointed
subsequent to January 1, 1974, two shall serve for a term of one
year, two for a term of two years, and one for a term of three years.
40805.  Within 30 days after a regional district begins to function
and exercise its powers, the regional district board shall appoint a
hearing board.
40806.  A hearing board shall select a chairman from its members.
40807.  A hearing board may adopt rules for the conduct of its
hearings. The rules shall be consistent with this division and, so
far as practicable, shall conform to the rules for administrative
adjudication by state agencies in Chapter 5 (commencing with Section
11500), Part 1, Division 3, Title 2 of the Government Code.
   Where a district has two or more hearing boards, the rules shall
be the same for all the hearing boards.
40808.  Except as provided for in Section 42359, no abatement order,
permit, or variance may be issued, modified, or revoked by a hearing
board, unless a public hearing thereon has been held by the hearing
board pursuant to this chapter.
40809.  (a) The office of the county counsel may represent both the
district and the hearing board on a matter relating to a hearing
before the hearing board as long as the same individual attorney does
not represent both the district and the hearing board.
   (b) This section does not apply to the bay district or the south
coast district.