Section 42351.5 Of Article 2. Variances From California Health And Safety Code >> Division 26. >> Part 4. >> Chapter 4. >> Article 2.
42351.5
. If a person granted a variance with a schedule of
increments of progress files an application for modification of the
schedule and is unable to notify the hearing board sufficiently in
advance to allow the hearing board to schedule a public hearing on
the application, the hearing board may grant no more than one interim
authorization valid for not more than 30 days, to that person to
continue operation pending the decision of the hearing board on the
application. In districts with a population of less than 750,000, the
chairman of the hearing board or any other member designated by the
board may hear the application. If any member of the public contests
such a decision made by a single member of the hearing board, the
application shall be reheard by the full hearing board within 10 days
of the decision. The interim authorization shall not be granted for
a requested extension of a final compliance date or where the
original variance expressly required advance application for the
modification of an increment of progress.