CHAPTER 8. Hearing Boards
Chapter 8 added by Stats. 1975, Ch. 957.
§§ 40800–40865 · 33 sections
ARTICLE 1. General Provisions §§ 40800–40809 · 11 sections
- § 40800 There is continued in existence and shall be, in each district, one or more hearing boards consisting of five members each, as specified in Section 40801,…
- § 40800.5 Any district board may designate the hearing board appointed by it as the “district hearing panel.” Every provision of every statute and every regulation that…
- § 40801 A hearing board shall consist of: (a) One member admitted to the practice of law in this state. (b) One member who is a professional engineer registered as…
- § 40802 If the district board, in the case of a district with a population of less than 750,000, is unable to appoint a person with the qualifications specified in…
- § 40803 No officer or employee of the district, or of the county in the case of a county district, shall be a member of the district hearing board.
- § 40804 The terms of the members of a hearing board shall be three years. In the case of the initial members of a hearing board appointed subsequent to January 1,…
- § 40805 Within 30 days after a regional district begins to function and exercise its powers, the regional district board shall appoint a hearing board.
- § 40806 A hearing board shall select a chairman from its members.
- § 40807 A hearing board may adopt rules for the conduct of its hearings. The rules shall be consistent with this division and, so far as practicable, shall conform to…
- § 40808 Except as provided for in Section 42359, no abatement order, permit, or variance may be issued, modified, or revoked by a hearing board, unless a public…
- § 40809 (a) The office of the county counsel may represent both the district and the hearing board on a matter relating to a hearing before the hearing board as long…
ARTICLE 2. Procedure §§ 40820–40830 · 11 sections
- § 40820 Except as provided in Section 40501.1, subdivision (c) of Section 40824, subdivision (c) of Section 40825, Section 42351.5, and Section 42359.5, three members…
- § 40821 A hearing board, with not fewer than four members present, may, in its discretion, within 30 days of the effective date of the decision, rehear any matter.
- § 40822 Any hearing conducted by a hearing board shall be held in a location readily accessible to the public.
- § 40823 (a) Except as otherwise provided in Sections 40824, 40825, and 40826, a hearing board shall serve a notice of the time and place of a hearing upon the district…
- § 40824 In case of a hearing to consider an application for an interim variance, as authorized under Section 42351: (a) The hearing board shall serve reasonable notice…
- § 40825 In case of a hearing to consider an application for a variance, or a series of variances, to be in effect for a period of not more than 90 days, or an…
- § 40826 In case of a hearing to consider an application for a variance, other than an interim variance or a 90-day variance, or an application for a modification of a…
- § 40827 A hearing board shall serve a notice of the time and place of a hearing either by personal service or by first-class mail, postage prepaid. If either the…
- § 40828 (a) A hearing board shall allow interested members of the public a reasonable opportunity to testify with regard to the matter under consideration, and shall…
- § 40829 Any member of a hearing board may administer oaths in any hearing in which he participates as a member of the hearing board.
- § 40830 At any hearing, a hearing board shall require any witness to be sworn before testifying.
ARTICLE 3. Subpoenas §§ 40840–40844 · 5 sections
- § 40840 Whenever the members of a hearing board conducting any hearing deem it necessary to examine any person as a witness at the hearing, the chairman of the hearing…
- § 40841 A subpoena to appear before a hearing board shall be served in the same manner as a subpoena in a civil action.
- § 40842 Whenever any person duly subpoenaed to appear and give evidence, or to produce any books and papers, before a hearing board neglects or refuses to appear, or…
- § 40843 Upon receipt of a report submitted pursuant to Section 40842, the superior court shall proceed as specified in Section 11455.20 of the Government Code.
- § 40844 On the return of the attachment and the production of the body of the defendant, the superior court has jurisdiction of the matter. The person charged may…
ARTICLE 4. Decisions §§ 40860–40865 · 6 sections
- § 40860 A hearing board shall announce its decision in writing. Copies of the decision shall immediately be filed with its clerk and mailed to all of the parties or…
- § 40861 A hearing board may rehear a decision if a party petitions for a rehearing within 10 days after a copy of the decision has been mailed to him.
- § 40862 The decision of a hearing board shall include the reasons for the decision.
- § 40863 The decision shall become effective upon filing, unless the hearing board orders otherwise.
- § 40864 (a) Judicial review may be had of a decision of a hearing board by filing a petition for a writ of mandate in accordance with Section 1094.5 of the Code of…
- § 40865 In any proceeding pursuant to Section 40864, the court shall receive in evidence any order, rule, or regulation of the district board, any transcript of the…