Hearing Board Notice
Hearings begin at 9:30 a.m., unless otherwise noted on the agenda.
Hearings will be held in-person in the Hearing Board Room at the South Coast AQMD Headquarters, 21865 Copley Drive, Diamond Bar, CA 91765. Members of the public are welcome to attend in person or participate remotely via videoconferencing by clicking the following link https://scaqmd.zoom.us/j/91429342608 or by telephone dial (669) 900-6833 and enter the Meeting ID: 914 2934 2608. Instructions on how to participate remotely can be found at: Hearing Board Instructions for Public Participation. To observe hearings without providing public comment, a webcast of proceedings can be viewed at: http://www.aqmd.gov/home/news-events/webcast.
Petitions and other documents for the Hearing Board should be filed with the Clerk of the Boards in person, via U.S. mail, any reliable commercial delivery service, email, facsimile, or other electronic means, together with the payment of the prescribed fee. All documents that parties wish to be considered as evidence by the Hearing Board should be submitted to the Clerk of the Board prior to the hearing.
The South Coast AQMD offers payment options for your convenience, including online payments via electronic-check (checking or savings) and credit cards. We will also accept fees via conventional mail (21865 Copley Drive, Diamond Bar, CA 91765). **Please call the Clerk of the Boards office at (909) 396-2500 before making payments online for Hearing Board fees (i.e., filing, publication and excess emission fees).**
2. Rules and Procedures of the South Coast AQMD Hearing Board (PDF, 668kb)
3. Orders for Abatement (Procedures Before the Board) - Regulation VIII
4. View Video (.wmv file) - "What Happens at a Variance Hearing?" (Procedures)
More Information or Assistance
For more information about how to request a variance or other relief and/or
for assistance completing the petition, contact the Clerk of the Boards' Office, 909-396-2500 or [email protected], or the Small Business Assistance Office, 800-388-2121, during regular business hours 7:30 a.m. to 5:30 p.m., Tuesday through Friday. TTY is available via 909-396-3560.
For help understanding the technical aspects of the rule you violated, contact the Hearing Board Liaison
at 909-396-2000.
For questions about the variance process, contact the Office of the General Counsel, 909-396-3400, and ask to
speak with the Duty Deputy.
Variance or appeal petition packets can be accessed online (see instructions below) or obtained at the Clerk of the Boards' Office at South Coast AQMD Headquarters in Diamond Bar. Contact the Clerk of the Boards' Office, 909-396-2500, for assistance in obtaining the required forms.
Instructions for Filing Petitions and Key Terms
Listed below are the petition forms, and other general information to assist in filing a petition with
the Hearing Board. Copies of the South Coast AQMD's rules and regulations can be downloaded from the South Coast AQMD Rule Book and printed.
Completed petition forms and filing fees (accepted payment forms include cash, check, or electronic payment) shall be submitted to the Clerk of the Board in-person, via U.S. mail, any reliable commercial delivery service, email, facsimile, or other electronic means, together with the payment of the prescribed fee. All documents filed with or submitted to the Hearing Board shall consist of an original and eight (8) copies. Once all required materials are received, the Clerk will contact the Petitioner to schedule a hearing date.
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Petition Forms (edit electronically or print and fill in):
**Please call the Clerk of the Boards office at (909) 396-2500 before making payments online for Hearing Board fees.**
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Continuances: (1) The moving party shall notify, in writing, the other party or
parties and the Clerk of the Hearing Board at least four working days before the hearing of his or her intent
to seek a continuance. (2) The moving party's first request for a continuance of 15 days or less, concurred
in by all parties to the action, shall be granted. (3) Any subsequent requests, requests for a continuance of
more than 15 days, and/or requests received with less than four working days notice shall only be granted by
the Chairman or designated member of the Hearing Board if the request is reasonable and good cause shown for
the delay in providing notice.
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Ex Parte Variance: Emergency variance procedures (Resolution 91-1).
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Excess Emissions: Emissions in excess of those allowed by the rules shall be
calculated for each day of operation during the variance period on a pounds per day basis, or opacity
percentage (Excess Emission Fee forms (DOC, 39kb)). If you need assistance with the calculation
of excess emissions, contact the Hearing Board Liaison at 909-396-2000. Excess emission fees are payable
within 15 days of the granting of a variance. Failure to do so may result in the invalidation of the variance. (Rule 303) (PDF, 85kb)).
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Exhibits: If you plan to submit exhibits or other written documents during your
hearing, you must provide eight (8) copies of any documents to the Clerk of the Board at the time of the hearing.
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Fees: (Rule 303) (PDF, 85kb)
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Filing Petitions: Rule 502 (PDF, 8kb)
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Findings and Decision: Before a variance can be granted, sufficient information must
be provided by the petitioner to enable the Hearing Board to make all the findings in Section 42352 of the
California Health and Safety Code (Rule 515 (PDF, 12kb)).
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Small Business: Small businesses are eligible for a discount on filing and emission fees. To qualify as a small business, the "Declaration Re Small Business" (DOC, 11kb), printed on the last page of the petition, must be completed and signed under
penalty of perjury. The filing fee for small businesses is set forth in (Rule 303) (PDF, 85kb) (current fees). Also see Findings and Decisions (Rule 515 (PDF, 12kb)).
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Waiver of Time: A hearing on an appeal of a decision of the Executive Officer must
be held within 30 days of the filing of the petition. If you need more than 30 days to prepare for your
hearing, you must file a "Waiver of Time Form" (DOC, 7kb) with the petition.
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Withdrawal: A case may be taken off calendar at the request of the petitioner (Rule 508 (PDF, 7kb)).
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More About Variances
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More About Orders for Abatement