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Variance hearings are similar to courtroom proceedings. Both sides present evidence through witnesses who are placed under oath. Witnesses may be cross-examined by the opposing side and questioned by Hearing Board members. Though not required, persons requesting a variance are usually represented by an attorney.
An attempt is made to determine why and how the rule is being violated, whether the violation could have been prevented, what is being done to correct the violation, when correction will be completed, what will happen to the business if must shut down, and how the violation affects the public.
Air District staff may present information pertinent to the case and may suggest certain limiting conditions. The public may also present information important to the case.
You may wish to retain an attorney to present your case. If you plan to represent yourself, be sure to prepare for the hearing. You should be fully aware of the rules or regulations that have been violated, what your excess emissions are, and how and when you plan to come into compliance.
If you have sought the help of technical experts to resolve your problem, they should accompany you to the hearing.
You should also bring copies of your current Permits to Operate with you. The Hearing Board requires an original and nine copies of any documents submitted to them.
At a variance hearing, the Hearing Board will consider the following points:
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Last Updated: 5/20/2015