Preparing for the hearing ahead of time is very important. Plan to bring all relevant information to
form the basis of the six findings described in the variance information packet. Also, bring copies of current permits, contact information for companies helping to achieve compliance, dates compliant equipment can be installed, and plans for reducing emissions in the interim. The Hearing Board needs ten copies of any documents presented.
Petitioners may represent themselves or be represented by an attorney.
It's important to know what rules have been violated, the level of excess emissions, and to have a plan as to how and when compliance will be reached. It is
helpful to bring along any technical experts who are assisting to resolve the issue.
Variance hearings are like courtroom proceedings. Both the variance
petitioner and the Sac Metro Air District, represented by the Office of District Counsel, present
evidence through witnesses under oath, documents and exhibits.
Witnesses may be cross-examined by the opposing side and questioned by Hearing
Board members.
The Hearing Board will attempt to discover why and how the
rule is being violated, whether the violation could have been prevented, what is
being done to correct the violation, when corrections will be completed, what
will happen to the business if it is forced to shut down, how the violation
affects the public, and what efforts can be made to reduce excess emissions to
the maximum extent feasible.
The Sac Metro Air District may argue against a variance or suggest certain limiting conditions.
The public is invited to present any information important to the case. Board
members then close the hearing and discuss the case among themselves before
reaching a decision.
