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Help - Instructions - Procedures

Information on requesting a variance or other relief and filing of petition forms; Procedures of the Hearing Board
1. Procedure Before the Hearing Board - Regulation V

2. Rules and Procedures of the SCAQMD Hearing Board (PDF, 465kb)
3. Orders for Abatement (Procedures Before the Board) - Regulation VIII
4. View Video (.wmv file) - "What Happens at a Variance Hearing?" (procedures)

How to get help

For more information about how to request a variance or other relief and/or for assistance completing the petition, contact the SCAQMD's Clerk of the Boards' Office, 909-396-2500 or clerkofboard@aqmd.gov, 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 SCAQMD 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 SCAQMD 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

Listed below are the petition forms, and other general information to assist in filing a petition with the Hearing Board. Copies of the SCAQMD's rules and regulations can be downloaded from the forms library and printed, or obtained from Subscription Services, 909-396-3720.

  • Petition Forms (print and fill out as needed):

  • 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.

  • Ex Parte Variance: Emergency variance procedures (Resolution 91-1).

  • 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 (current fees (PDF, 30kb)).

  • 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.

  • Fees: Rule 303 (PDF, 30kb)

  • Filing Petitions: Rule 502 (PDF, 8kb)

  • 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)).

  • 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, 30kb) (current fees). Also see Findings and Decisions (Rule 515 (PDF, 12kb)).

  • 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.

  • Withdrawal: A case may be taken off calendar at the request of the petitioner (Rule 508 (PDF, 7kb)).

  • More About Variances

  • More About Orders for Abatement

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More Information

Contact Clerk of Boards:
Phone: 909-396-2500
Fax: 909-396-3317
TTY: 909-396-3560

Contact
Contact the SCAQMD Clerk of Boards
Clerk of the Boards
clerkofboard@aqmd.gov
909-396-2500
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South Coast Air Quality Management District

21865 Copley Dr, Diamond Bar, CA 91765

909-396-2000

 

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