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A Resolution of the South Coast Air Quality Management District
Hearing Board establishing a procedure for processing petitions
requesting emergency variance relief pursuant to California Health
and Safety Code Section 42359.5(a) without notice or hearing.
WHEREAS, it is the policy of the Board, before ruling on
a petition for an emergency variance to issue without notice or
hearing to provide the South Coast Air Quality Management District
with a reasonable opportunity to respond to the petition in writing;
and
WHEREAS, the Board believes that the South Coast Air Quality
Management District's response to such a petition should be provided
to the petitioner.
NOW THEREFORE, BE IT RESOLVED that the Hearing Board hereby
adopts the following procedures regarding requests for emergency
variances to be issued without notice and hearing:
a) Upon filing of a petition for an emergency variance to issue
without notice and hearing, the petitioner shall inform the Clerk
of the Hearing Board if petitioner wishes to be served with any
response by the South Coast Air Quality Management District by
either telecopier or mail. The petitioner may also arrange with
the Clerk of the Hearing Board to pick up a copy of the District's
response from the Clerk during regular business hours.
b) Upon receipt of such a petition for an emergency variance,
the Clerk of the Hearing Board shall promptly notify the South
Coast Air Quality Management District of the petition.
c) The District shall promptly respond in writing to the Clerk,
stating the District's position on the petition. The District
shall state in its response whether the applicant has been informed
of the District's position, and if so, whether the applicant concurs
in or objects to the District's position. If the response of the
District is not received promptly, the Hearing Board member who
is ruling on this petition shall proceed to act upon the petition
without a response from the District.
d) The Clerk of the Hearing Board shall serve a copy of the District's
response on the petitioner by telecopier or mail, as previously
requested by the petitioner. The Clerk shall also make a copy
of the District's response available to the petitioner should
the applicant wish to pick up the response directly from the Clerk's
office.
BE IT FURTHER RESOLVED that the procedures set forth herein
shall be effective April 22, 1991.
| AYES: | Banks, Brown, Joyce, Lewin,
and Abramowitz |
| NOES: | None |
(Hearing Board Resolutions: 91-1:3/19/91)
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