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RULE 79. (Amended 1-16-58) APPEAL FROM DENIAL. A petition to review a denial or conditional approval of an authority to construct, permit to operate or permit to sell or rent shall, in addition to the matters required by Rule 77, set forth a summary of the application or a copy thereof and the alleged reasons for the denial or conditional approval and the reasons for appeal.

RULE 80. FAILURE TO COMPLY WITH RULES. The Clerk of the Hearing Board shall not accept for filing any petition which does not comply with these Rules relating to the form, filing and service of petitions unless the chairman or any two members of the Hearing Board direct otherwise and confirm such direction in writing. Such direction need not be made at a meeting of the Hearing Board. The chairman or any two members, without a meeting, may require the petitioner to state further facts or reframe a petition so as to disclose clearly the issues involved.

RULE 82. ANSWERS. Any person may file an answer within 10 days after service. All answers shall be served the same as petitions under Rule 76.

to the

RULE 83. DISMISSAL OF PETITION. The petitioner may dismiss his petition at any time before submission of the case Hearing Board, without a hearing or meeting of the Hearing Board. The Clerk of the Hearing Board shall notify all interested persons of such dismissal.

RULE 84. (Revised 8-25-64) PLACE OF HEARING. All hearings shall be held at Room 60 1B, 220 North Broadway, Los Angeles, California, 90012, unless some other place is designated by the Hearing Board.

RULE 85. NOTICE OF HEARING. The Clerk of the Hearing Board shall mail or deliver a notice of hearing to the petitioner, the Air Pollution Control Officer, the holder of the permit or variance involved, if any, and to any person entitled to notice under Sections 24275, 24295 or 24299, Health and Safety Code.

RULE 86. EVIDENCE. (a) Oral evidence shall be taken only on oath or affirmation.

(b) Each party shall have these rights: to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him to testify; and to rebut the evidence against him. If respondent does not testify in his own behalf he may be called and examined as if under cross-examination.

64-8

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(c) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded.

RULE 87. PRELIMINARY MATTERS. Preliminary matters such as setting a date for hearing, granting continuances, approving petitions for filing, allowing amendments and other preliminary rulings not determinative of the merits of the case may be made by the chairman or any two members of the Hearing Board without a hearing or meeting of the Hearing Board and without notice.

RULE 88. OFFICIAL NOTICE. The Hearing Board may take official notice of any matter which may be judicially noticed by the courts of this State.

RULE 89. CONTINUANCES. The chairman or any two members of the Hearing Board shall grant any continuance of 15 days or less, concurred in by petitioner, the Air Pollution Control Officer and by every person who has filed an answer in the action and may grant any reasonable continuance; in either case such action may be ex parte, without a meeting of the Hearing Board and without Prior notice.

RULE 90. DECISION. The decision shall be in writing, served and filed within 15 days after submission of the cause by the parties thereto and shall contain a brief statement of facts found to be true, the determination of the issues presented and the order of the Hearing Board. A copy shall be mailed or delivered to the Air Pollution Control Officer, the petitioner and to every person who has filed an answer or who has appeared as a party in person or by counsel at the hearing.

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RULE 91. EFFECTIVE DATE OF DECISION. The decision shall become effective 15 days after delivering or mailing a copy of the decision, as provided in Rule 90, or the Hearing Board may order that the decision shall become effective sooner.

RULE 95. LACK OF PERMIT. The Hearing Board shall not receive or accept a petition for a variance for the operation or use of any article, machine, equipment or other contrivance until a permit to operate has been granted or denied by the Air Pollution Control Officer; except that an appeal from a denial of a permit to operate and a petition for a variance may be filed with the Hearing Board in a single petition. A variance granted by the Hearing Board after a denial of a permit to operate by the Air Pollution Control Officer may include a permit to operate for the duration of the variance.

REGULATION VI. ORCHARD OR CITRUS GROVE HEATERS

RULE 100. DEFINITION. 'Orchard or citrus grove heater'' means any article, machine, equipment or other con trivance, burning any type of fuel, capable of emitting air contaminants, used or capable of being used for the purpose of giving protection from frost damage.

RULE 101. (Amended 4-2-64) EXCEPTIONS. Rules 10, 14, 20, 21, 24 and 40 do not apply to orchard or citrus grove heaters.

RULE 102. (Amended 1-16-58) PERMITS REQUIRED. Any person erecting, altering, replacing, operating or using any orchard or citrus grove heater shall first obtain a permit from the Air Pollution Control Officer to do so.

RULE 103. (Amended 1-16-58) TRANSFER. A permit to operate shall not be transferable, whether by operation of law or other

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wise, either from one location to another, from one piece of equipment to another, or from one person to another.

RULE 105. (Amended 1-16-58) APPLICATION FOR PERMITS. Every application for a permit required under Rule 102 shall be filed in the manner and form required by the Air Pollution Control Officer. Incomplete applications will not be accepted.

RULE 106. ACTION ON APPLICATIONS. The Air Pollution Control Officer shall act on all applications within a reasonable time and shall notify the applicant in writing of the approval, conditional approval or denial of the application.

RULE 107. (Amended 1-16-58) STANDARDS FOR GRANTING PERMITS. The Air Pollution Control Officer shall deny a permit if the applicant does not show that equipment described in Rules 100 and 102 is so designed or controlled that it will not produce unconsumed solid carbonaceous matter at the rate in excess of one (1) gram per minute except as prescribed under Rule 108.

RULE 108. (Amended 1-16-58) CONDITIONAL APPROVAL. a. The Air Pollution Control Officer may issue a permit subject to conditions which will bring the orchard or citrus grove heater within the standards of Rule 107 in which case the conditions shall be specified in writing.

b. Erecting, altering, operating or using under conditional permit shall be deemed acceptance of all conditions so specified.

RULE 109. (Amended 1-16-58) DENIAL OF APPLICATIONS. In the event of denial of a permit, the Air Pollution Control Officer shall notify the applicant in writing of the reasons there for. Service of this notification may be made in person or by mail, and such service may be proved by the written acknowledgment of the person served or affidavit of the person making the service. The Air Pollution Control Officer shall not accept a further application unless the applicant has complied with the objections specified by the Air Pollution Control Officer as his reasons for denial.

RULE 110. (Amended 1-16-58) APPEALS. Within 10 days after notice of denial or conditional approval of a permit by the Air Pollution Control Officer, the applicant may petition the Hearing Board, in writing, for a public hearing. The Hearing Board, after notice and a public hearing held within 30 days after filing the petition, may sustain or reverse the action of the Air Pollution Control Officer; such order may be made subject to specified conditions.

RULE 120. (Effective 1-16-58) FEES. A request for a duplicate permit for orchard or citrus grove heaters shall be made in writing

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to the Air Pollution Control Officer within 10 days after the destruction, loss or defacement of a permit. The fee for issuing a duplicate permit shall be $1.00.

RULE 130. (Amended 1-16-58) PROHIBITIONS. a. These rules prohibit the erecting, altering, replacing, operating or using any orchard or citrus grove heater which produces unconsumed solid carbonaceous matter at the rate of more than one (1) gram per minu te, except under the conditions as set forth in Rule 108.

b. Open fires for orchard or citrus grove heating are prohibited.

c. The use of rubber tires or any rubber products in any combustion process in connection with any orchard or citrus grove heating is hereby prohibited.

d. (Amended 1-16-58) All types of orchard or citrus grove heating equipment commonly known or designated as follows:

may not be used or operated for the purpose of giving protection from frost damage.

e. (Amended 1-16-58) All types of orchard or citrus grove heating equipment commonly known or designated as follows:

Name

1. Hy.Lo 1929

2. Hy-Lo 148

Maximum Primary Air Orifice in Square Inches 0.606(equivalent to one hole of 7/8 in. diameter) 0.606 (equivalent to one hole of 7/8 in. diameter)

3. Hy-Lo Double Stack 0.606 (equivalent to one hole of 7/8 in. diameter)

4. Jumbo Cone

5. Lemora

6. National Double Stack

7. Surplus Chemical Warfare Service Smoke Generator

0.196 (equivalent to one hole of 1/2 in. diameter) 0.606 (equivalent to one hole of 7/8 in. diameter) 0.802 (equivalent to one hole of 7/8 in. diameter and one hole of 1/2 in. diameter) 0.802 (equivalent to one hole of 7/8 in. diameter and one hole of 1/2 in. diameter)