Section 39806.5 Of Chapter 5. Air Pollution Control Subvention Program From California Health And Safety Code >> Division 26. >> Part 2. >> Chapter 5.
39806.5
. (a) Before taking any action pursuant to Sections 39806
and 39808, the state board shall hold a public hearing within the air
basin affected, upon a 45-day written notice given to the basinwide
air pollution control council, if any, the affected districts, the
affected air quality planning agencies, and the public.
(b) In addition to any other statutory requirements, interested
persons shall have the right, at the public hearing to present oral
and written evidence and to question and solicit testimony of
qualified representatives of the state board on the matter being
considered. The state board may, at the public hearing, place
reasonable limits on the right to question and solicit testimony.
(c) If, after conducting the public hearing required by
subdivision (a), the state board determines to take action pursuant
to any section enumerated in subdivision (a), the state board shall,
based on the record of the public hearing, adopt written findings
which explain the action to be taken by the state board, why the
state board decided to take the action, and why the action is
authorized by, and meets the requirements of, the statutory
provisions pursuant to which it was taken. In addition, the findings
shall address the significant issues raised or written evidence
presented by interested persons or the staff of the state board. The
transcript of testimony and exhibits, together with all papers and
requests filed in the proceedings, shall constitute the exclusive
record for decision by the state board.
(d) Subdivisions (a), (b), and (c) shall be applicable to the
executive officer of the state board acting pursuant to Section
39515, or to his delegates acting pursuant to Section 39516, with
respect to any action taken pursuant to any section enumerated in
subdivision (a).