What You Need to Know About the Hearing Board
The Hearing Board is a quasi-judicial panel authorized to hear certain cases. As state law requires, Hearing Board members are appointed by, but act independently of, the SCAQMD Governing Board.
All petitions submitted to the Clerk of the Board for filing must be on the appropriate Hearing Board-approved form. Petitions not filed on the appropriate form will not be accepted for filing by the Clerk of the Board. The Board-approved petition forms can be downloaded from the Help & Instructions page.
The petition forms can also be obtained by contacting the Clerk of the Board at 909-396-2500. TTY available at 909-396-3560.
What is the Hearing Board authorized to do?
The Hearing Board is authorized to hear:
- petitions by companies for variances;
- petitions for abatement orders; (An abatement order requires a company operating out of compliance to take specific actions or to shut down its operation. This is a severe remedy normally reserved for serious violators.)
- appeals by companies from the granting of permits, permit conditions, permit denials and suspensions, denials of emission reduction credits and denials of pollution control plans;
- appeals by third parties.
After hearing all sides of a case in which individuals or companies come into conflict with SCAQMD rules and regulations, the Hearing Board weighs the evidence and reaches a decision.
What is the Hearing Board NOT authorized to do?
It is important to note that the Hearing Board is not authorized to:
- modify rules
- exempt a business from complying with a rule
- grant a variance from a violation of the public nuisance law, such as one that creates an odor problem or threatens public health or property
- review a violation notice in any way.
Does the Hearing Board provide accommodations for persons with disabilities?
- The Hearing Board’s meeting agendas and related documents are available in alternative formats to assist persons with disabilities. Further, disability-related accommodations, including auxiliary aids or services, are available to individuals who want to attend or participate in a hearing. If anyone requires disability-related accommodations, including auxiliary aids or services, in order to participate in the hearing, contact the Clerk of the Board at least five (5) calendar days prior to the hearing at 909-396-2500 (for TTY, 909-396-3560) or by e-mail at Clerk of the Board.
Does the Hearing Board provide language interpreters for its hearings?
- The Hearing Board will provide a language interpreter if a party requires a language interpreter in order to participate in the hearing. To request a language interpreter, contact the Clerk of the Board at least five (5) calendar days prior to the hearing at 909-396-2500 or e-mail Clerk of the Board.
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