| A resolution of the South Coast Air
Quality Management District (District) Hearing Board establishing procedures
for a Consent Calendar.
WHEREAS, the Hearing Board finds that establishing formal procedures
implementing a Consent Calendar procedure will facilitate the orderly and
efficient conduct of the Hearing Board's daily calendar;
WHEREAS, the Hearing Board finds that the Consent Calendar is a procedure
for expediting the presentation of evidence at hearings where the petitioner and
the respondent have stipulated to the facts;
WHEREAS, the Hearing Board finds that (a) evidence in Consent Calendar
matters shall be submitted by declarations, stipulations and verified petitions
by either party to the Hearing Board before the hearing; (b) in addition to
submitting declarations, the petitioner shall submit proposed conditions and
findings of fact and law to the Hearing Board before the scheduled hearing,
unless another time is stipulated to by all parties and agreed to by the Board;
and (c) in all other respects, a Consent Calendar proceeding must comply with
the requirements set forth in the California Health and Safety Code and the
District Rules and Regulations which govern variances and orders for abatement.
WHEREAS, the Hearing Board finds that the special requirements for
Consent Calendar matters are as follows:
(1) After submitting a petition as required in District Rules 502(b) and 803,
the hearing can be placed on the Consent Calendar when stipulated to by the
District's Executive Officer (represented by the attorney from the District's
Chief Prosecutor's Office assigned to handle the proceeding) and the other
party.
(2) Petitioner shall request respondent's stipulation to the Consent Calendar
process by submitting copies of witness declaration(s) signed under penalty of
perjury, any proposed condition(s), and proposed findings of fact and law to the
responding party at least five (5) working days before the scheduled hearing
date. The respondent may waive any portion of the requirements of this
paragraph.
(3) The responding party shall respond to a request to place the matter on
the Consent Calendar, in writing to the petitioner, no later than three (3)
working days prior to the scheduled hearing. Upon stipulation of the responding
party, petitioner shall file a final copy of the signed stipulation, the
declaration(s), any proposed condition(s), and proposed findings of law and fact
with the Hearing Board at least two (2) working days before the scheduled
hearing date, unless some other time is stipulated to by all parties and agreed
to by the Hearing Board.
NOW THEREFORE BE IT RESOLVED that the Hearing Board hereby adopts the
following Consent Calendar process:
(a) The Hearing Board shall receive any public testimony of a Consent
Calendar matter before the case is submitted.
(b) The Hearing Board's proceedings on a Consent Calendar matter shall in all
respects conform to the requirements set forth in the California Health and
Safety Code and the District Rules and Regulations, except the Hearing Board
shall base its ruling on the stipulations and declarations submitted by the
parties and any public testimony received at the scheduled hearing.
(c) At any time prior to the submission of the case, the Hearing Board shall
remove a matter from the Consent Calendar upon the written or oral motion of the
respondent or the petitioner, or any Hearing Board member, and reschedule the
matter to the next available hearing date. If prior to the submission of the
case, a member of the public requests removal of a matter from the Consent
Calendar, the Hearing Board shall consider the reasons for the request, and vote
on the request prior to going forward with the item on the Consent Calendar.
(d) The Hearing Board will not accept any matter for the Consent Calendar
that involves harm to the public health or any other potential nuisance.
(e) The Hearing Board will provide copies of all documents relating to the
Consent Calendar item upon request.
NOW THEREFORE BE IT FURTHER RESOLVED that the procedures set forth
herein shall be effective July 19, 1995.
| AYES: | Abel, Auerbach, Camarena, Klein and Lewis |
| NOES: | None |
| DATED: | July 19, 1995 |
Signature on file |
| | Jackie Dix, Clerk of the Board |
(Hearing Board Resolutions: Consent)
|
