2009 California Health and Safety Code - Section 40820-40830 :: Article 2. Procedure

40820.  Except as provided in Section 40501.1, subdivision (c) of
Section 40824, subdivision (c) of Section 40825, Section 42351.5, and
Section 42359.5, three members of the hearing board shall constitute
a quorum, and no action shall be taken by the hearing board except
in the presence of a quorum and upon the affirmative vote of a
majority of the members of the hearing board.

40821.  A hearing board, with not fewer than four members present,
may, in its discretion, within 30 days of the effective date of the
decision, rehear any matter.

40822.  Any hearing conducted by a hearing board shall be held in a
location readily accessible to the public.

40823.  (a) Except as otherwise provided in Sections 40824, 40825,
and 40826, a hearing board shall serve a notice of the time and place
of a hearing upon the district air pollution control officer, and
upon the applicant or permittee affected, not less than 10 days prior
to such hearing.
   (b) Except as otherwise provided in Sections 40824, 40825, and
40826, the hearing board shall also send notice of the hearing to
every person who requests such notice and obtain publication of such
notice in at least one daily newspaper of general circulation within
the district. The notice shall state 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.

40824.  In case of a hearing to consider an application for an
interim variance, as authorized under Section 42351:
   (a) The hearing board shall serve reasonable notice of the time
and place of the hearing upon the district air pollution control
officer and upon the applicant.
   (b) Subdivision (b) of Section 40823 shall not apply.
   (c) In districts with a population of less than 750,000, the
chairperson of the hearing board, or any other member of the hearing
board designated by the board, may hear an application for an interim
variance. If any member of the public contests a decision made by a
single member of the hearing board, the application shall be reheard
by the full hearing board within 10 days of the decision.

40825.  In case of a hearing to consider an application for a
variance, or a series of variances, to be in effect for a period of
not more than 90 days, or an application for modification of a
schedule of increments of progress:
   (a) The hearing board shall serve a notice of the time and place
of a hearing to grant such a variance or modification upon the air
pollution control officer, all other districts within the air basin,
the state board, the Environmental Protection Agency, and upon the
applicant or permittee, not less than 10 days prior to such hearing.
   (b) Subdivision (b) of Section 40823 shall not apply.
   (c) In districts with a population of less than 750,000, the
chairman of the hearing board, or any other member of the hearing
board designated by the board, may hear such an application. If any
member of the public contests a decision made by a single member of
the hearing board, the application shall be reheard by the full
hearing board within 10 days of the decision.

40826.  In case of a hearing to consider an application for a
variance, other than an interim variance or a 90-day variance, or an
application for a modification of a final compliance date in a
variance previously granted, the notice requirements for the hearing
shall be as follows:
   (a) The hearing board shall serve a notice of the time and place
of a hearing to grant a variance upon the air pollution control
officer, all other districts within the air basin, the state board,
the Environmental Protection Agency, and upon the applicant or
permittee, not less than 30 days prior to the hearing, except as
provided in subdivision (d).
   (b) The hearing board shall also publish a notice of the hearing
in at least one daily newspaper of general circulation in the
district, and shall send the notice to every person who requests the
notice, not less than 30 days prior to the hearing, except as
provided in subdivision (d).
   (c) The notice shall state the time and place of the hearing; the
time when, commencing not less than 30 days, or, under subdivision
(d), not less than 15 days, prior to the hearing, and place where the
application, including any proposed conditions or schedule of
increments of progress, is available for public inspection; and any
other information that may be necessary to reasonably apprise the
people within the district of the nature and purpose of the meeting.
   (d) In districts with a population of 750,000 or less, the hearing
board shall serve, publish, and send the notice pursuant to
subdivisions (a) and (b) not less than 15 days prior to the hearing.

40827.  A hearing board shall serve a notice of the time and place
of a hearing either by personal service or by first-class mail,
postage prepaid. If either the identity or address of any person
entitled to notice is unknown, the hearing board shall serve such
person by publication of notice in the district pursuant to Section
6061 of the Government Code.

40828.  (a) A hearing board shall allow interested members of the
public a reasonable opportunity to testify with regard to the matter
under consideration, and shall consider that testimony in making its
decision.
   (b) The hearing board shall prepare a record of the witnesses and
the testimony of each witness at the hearing. The record may be an
audio recording. The record shall be retained by the hearing board
while the variance is in effect, or for the period of one year,
whichever is longer.

40829.  Any member of a hearing board may administer oaths in any
hearing in which he participates as a member of the hearing board.

40830.  At any hearing, a hearing board shall require any witness to
be sworn before testifying.