2014 Kentucky Revised Statutes
CHAPTER 77 - AIR POLLUTION CONTROL
77.105 Hearing board -- Membership, qualifications, term, removal.
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77.105 Hearing board -- Membership, qualifications, term, removal.
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The air pollution control board of an air pollution control district shall appoint a
hearing board to consist of three (3) members, none of whom is a member of
the air pollution control board, and only two (2) of whom may be of the same
political party affiliation. Two (2) members of the hearing board shall have been
admitted to practice law in this Commonwealth. Both shall be residents and
freeholders of the district. Neither shall be otherwise employed by the air
pollution control district or by any other municipal corporation or political
subdivision of the Commonwealth. The third member of the hearing board shall
be an engineer by profession, and shall be a graduate of a recognized
university or college and shall be thoroughly familiar with the theory and
practice of the construction and operation of furnaces and combustion devices,
or in the theory of the prevention and control of air pollution. The latter member
shall not be otherwise employed by the air pollution control district or the air
pollution control board appointing the hearing board, but may be an employee
of some other political subdivision or municipal corporation of the
Commonwealth. He need not reside nor own property within the district.
The air pollution control board shall appoint one (1) member of the hearing
board for a term of one (1) year, one (1) member for a term of two (2) years,
and one (1) member for a term of three (3) years. Thereafter the terms of
members of the hearing board shall be three (3) years. A member of the
hearing board shall be eligible to succeed himself. A vacancy in the
membership shall be filled by an appointee of the air pollution control board for
the unexpired portion of the term. Such an appointee shall have the same
qualifications as a regularly appointed member.
Any member of the hearing board may be removed by the air pollution control
board, for cause, after a hearing by the air pollution control board, and after at
least ten (10) days notice in writing shall have been given to the member,
which notice shall embrace the charges preferred against him. At the hearing
he may be represented by counsel. The finding of the air pollution control
board shall be final, and removal results in vacancy in such office.
Effective:March 14, 1952
History: Created 1952 Ky. Acts ch. 53, sec. 23, effective March 14, 1952.
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