Hearing Board Meetings

Why have a Hearing Board?

An independent body of five members appointed by the Air Pollution Control Board (County Board of Supervisors), the Hearing Board hears requests from industry, the District, and the public to:

• Grant variances (temporary enforcement relief) from District Rules to individual facilities or products.
• Decide appeals of the issuance or denial of a District-issued permit or emission reduction credit, either by a permit applicant or participants in the permitting process.
• Issue an Abatement Order requiring a facility operating in violation of District rules to take specific actions or shut down.
• Revoke a District-issued permit.

What happens at a Hearing Board meeting? 

Meetings resemble informal courtroom proceedings. The Hearing Board listens to presentations by the District and by the applicant. District staff may argue for or against the granting of a petition or suggest certain conditions. Witnesses, who are placed under oath, may be questioned by the opposing side and by Hearing Board members. The public may also present information. 

After receiving testimony in a public meeting, the Hearing Board evaluates how the evidence applies to the required findings, deliberates in public, and reaches a decision on the petition.  

How do I Apply for a Variance or Appeal a Permit?  

Once you realize you may need to apply for a variance or appeal a permit, submit the petition forms with fees as soon as possible to the Hearing Board Clerk, located at 1600 Pacific Highway, Room 402, San Diego, CA 92101. Information provided in the petition should be clear, comprehensive, and concise.

• Forms and more details about filing variance petitions. 
• Forms and more details about filing permit appeal petitions. 

How do I prepare for a Board meeting? 

Use the District’s answer (for variances/permit appeals) or petition (for abatement orders/permit revocations) as a guide to focus your remarks. You may choose to have an attorney or technical expert represent your facility at the meeting, although it is not required. 

Bring 10 copies of documents you would like to present to the Hearing Board, but have not filed with the Clerk. At the meeting, the Board will need to vote to accept new written material.

If you are not prepared for a scheduled meeting, you may request a continuance. If you wish to withdraw your petition, notify the Clerk as soon as possible.

How do I speak at a Board meeting as a member of the public?  

Members of the public may speak to the Board on any matter within the Hearing Board’s jurisdiction. Please provide the Clerk a speaker slip before the meeting begins. If the matter relates to an agenda item, comments are taken during that time; contact the Clerk before the meeting to review documents submitted for an agenda item. If the matter is not listed on the agenda the Hearing Board gives those present the opportunity to speak during the Public Communication portion of the meeting.   

What assistance does the Board provide for persons with disabilities? 

Agendas and records are available in alternative formats upon request. Contact the Clerk at (619) 531-5434 or (619) 531-4803 (TTY). Assistive Listening Devices are available from the Clerk in Room 402 prior to the meeting and are to be returned at the end of the meeting. Individuals requiring sign language interpreters should contact the Americans with Disabilities Coordinator at (858) 505-6521, in advance of the meeting so that arrangements may be made. An area in the front of the chamber is designated for individuals requiring the use of wheelchair or other accessible devices. 

What happens after the meeting? 

If you filed a petition, the Clerk will send you the official Hearing Board Order after the Board approves the Order at its next meeting.

• Review the Order to make sure you understand it. If you do not comply with an Order, you may receive a Notice of Violation and be subject to civil or criminal penalties.
• If your variance request is granted, the conditions in the Order become the law during the variance period. If you do not comply with those conditions, you may also be subject to having your variance revoked or modified.
• If you have any questions about how to comply with an Order, contact the District Compliance Division. If you believe that you cannot meet a condition in the Order or in any accompanying Schedule of Increments of Progress, you may petition the Board to modify the Order or Schedule of Increments of Progress. 

Compliance Division Contact

For general questions, please contact District Hearing Board Representative by phone at (858) 586-2650 or by email.
The District Business Assistant can also assist you in completing the petition forms. Please contact Eric Luther by phone at (858) 586-2656 or by email.

For procedural questions, please contact the Hearing Board Clerk, who can be reached in person at 1600 Pacific Highway, Room 402, San Diego, CA 92101, by phone at (619) 531-5434 or (619) 531-4803 (TTY), or by fax to (619) 531-6098. 

You may also contact the Compliance Division by phone at (858) 586-2650 Monday through Friday from 7:00 am through 5:00 pm or by email.