(Adopted May 21, 1992; Amended December 17, 1992; Amended December 16, 1993)

1.0 Requirements

No variance shall be granted unless the Hearing Board makes all of the following findings:

2.0 Consideration of Evidence

In determining whether or not the petitioner has presented evidence sufficient to make the finding specified in the Health and Safety Code Section 42352(a) and Rule 5160, Section 1.2, the Hearing Board shall consider, in addition to any other relevant factors, both of the following:

3.0 Notice of Decision

The decision shall be in writing, filed and served on the petitioner within 15 days after the 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 of the Hearing Board decision shall be mailed or delivered to the APCO, to 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. The Hearing Board decision shall be mailed to the ARB within 30 days of the hearing.

4.0 Effective Date of Decision

Unless otherwise ordered, the decision of the Hearing Board shall become effective upon the concurring vote of three or more of its members.