All hearings required to be conducted under this Division 4 shall be conducted by a hearing panel of five persons appointed by the board of supervisors. No more than one member of the board of supervisors shall serve on the hearing panel. Members of the panel shall be selected for their legal, administrative or technical abilities in areas relating to solid-waste management. At least one member of the panel shall be a technical expert with knowledge of solid-waste management methods and technology. At least one member shall be a representative of the public at large. Panel members shall serve for a term of two years, and may serve more than one term, but no more than two consecutive terms. If a member does not complete his or her term, the board of supervisors may appoint a replacement to serve out the remainder of the unexpired term. (Ord. 11886 Art. 10 § 1001, 1979.)

A. If the enforcement agency denies a permit, or if the applicant deems the terms and conditions of the proposed permit inappropriate, the applicant may request a hearing. The hearing shall be held in accordance with Sections 20.84.010, 20.84.050 and 20.84.060 of this chapter.
B. A hearing to determine whether a permit shall be issued shall be initiated by the filing of a statement of issues by the enforcement agency. The enforcement agency shall file such a statement within 15 days after receiving a written request from an applicant for a hearing. The statement of issues shall be a written statement specifying the statutes and rules with which the applicant shall show compliance by producing proof at the hearing and any particular matters which come to the attention of the enforcement agency which would authorize a denial of the permit.
C. The statement of issues and a notice of defense shall be served personally on the applicant or by registered mail at least 20 days prior to the hearing. (Ord. 11886 Art. 10 § 1002, 1979.)

A. After a hearing, any permit may be suspended, modified or revoked by the enforcement agency for cause, including but not limited to, any or all of the following:
1. A violation of any term or condition contained in the permit;
2. Having obtained the permit by misrepresentation or failing to disclose fully all relevant facts;
3. A change in any condition that requires either a temporary or permanent modification, reduction or elimination of the permitted operation.
B. A hearing to determine whether a permit should be revoked, suspended or modified shall be initiated by the enforcement agency filing an accusation. The accusation shall be a written statement of charges which sets forth in ordinary and concise language the acts or omissions with which the permittee is charged. It shall specify the statutes and rules which the permittee is alleged to have violated, but shall not consist merely of charges phrased in the language of such statutes and rules.
C. The accusation and all accompanying documents shall be served personally on the permittee or by registered mail.
D. The agency shall include with the accusation a form entitled Notice of Defense which, when signed by or on behalf of the permittee and returned to the agency, will acknowledge service of the accusation and constitute a notice of defense under Section 20.84.040. The accusation shall also be accompanied by a statement that the permittee may request a hearing by filing a notice of defense within 20 days after service upon him of the accusation, that failure to do so will constitute a waiver of his right to a hearing, and that he has the right to inspect and copy documents relative to the accusation. (Ord. 11886 Art. 10 § 1003, 1979.)

A. Within 20 days after service upon him, the permittee may file with the agency a notice of defense in which he may do one or more of the following:
1. Request a hearing;
2. Object to the accusation upon the ground that it does not state acts or omissions upon which the agency may proceed;
3. Object to the form of the accusation on the ground that it is so indefinite or uncertain that he cannot identify the transaction or prepare his defense.
B. The permittee shall be entitled to a hearing on the merits if he files a notice of defense, and any such notice shall be deemed a specific denial of all parts of the accusation not expressly admitted. Failure to file such notice shall constitute a waiver of the right to a hearing, except the agency in its discretion may consent to a hearing.
C. The notice of defense shall be in writing signed by or on behalf of the permittee and shall state his mailing address. (Ord. 11886 Art. 10 § 1004, 1979.)

A.1. The panel shall conduct the hearing, determine the facts, and issue a decision which shall be binding on the parties unless in the case of a solid-waste facilities permit the decision is appealed as provided in subsection C of Section 20.84.070.
2. After initiation of a proceeding in which an applicant for a permit or a permittee is entitled to a hearing on the merits, a party, upon written request made to any other party prior to the hearing, is entitled to:
a. Obtain the names and addresses of witnesses to the extent known to the other party, including, but not limited to, those intended to be called to testify at the hearing; and
b. Inspect and make a copy of any relevant documents in the possession or custody or under the control of the other party, including statements made by any person pertaining to the subject matter of the proceeding, all writings pertaining to the subject matter of the proceeding, and investigative reports made by or on behalf of the enforcement agency or other party pertaining to the subject matter of the proceeding.
3. Nothing in this section shall authorize the inspection or copying of any writing or thing which is privileged from disclosure by law or otherwise made confidential or protected as the attorney’s work product.
B. Any party claiming his or her request for discovery pursuant to subsection A of this section has not been complied with may serve and file a verified petition to compel discovery in superior court, naming as respondent the party refusing or failing to comply with subsection A. The petition shall be served upon the respondent and filed within 15 days after the respondent first failed or refused to comply with subsection A.
C.1. Before the hearing has commenced, the hearing panel shall issue subpoenas and subpoenas duces tecum at the request of any party for attendance of witnesses or production of documents at the hearing. Compliance with the provisions of Section 1985 of the Code of Civil Procedure shall be a condition precedent to the issuance of a subpoena duces tecum.
2. This process shall be extended to all parts of the state and shall be served in accordance with the provisions of Sections 1987 and 1988 of the Code of Civil Procedure. No witness shall be obliged to attend at a place out of the county in which he resides unless the distance be less than 150 miles from his place of residence, except that the hearing panel, upon affidavit of any party showing that the testimony of such witness is material and necessary, may endorse on the subpoena an order requiring the attendance of such witness.
3. All witnesses appearing pursuant to subpoena, other than the parties or officers or employees of the jurisdiction of which the enforcement agency is part, shall receive fees, and all witnesses appearing pursuant to subpoena, except the parties, shall receive mileage, in the same amount and under the same circumstances as prescribed by law for witnesses in civil actions in a superior court. Fees and mileage shall be paid by the party at whose request the witness is subpoenaed. (Ord. 11886 Art. 10 § 1005, 1979).

A. Oral evidence shall be taken only on oath or affirmation. Each party shall have the right 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 the permittee does not testify in his own behalf, he may be called and examined as if under cross-examination.
B. The hearing need not be conducted according to the 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. Hearsay evidence may be used solely for the purpose of supplementing or explaining other 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 affected to the extent that they are otherwise required by statute to be recognized at the hearing, and irrelevant and unduly repetitious evidence shall be excluded. (Ord. 11886 Art. 10 § 1006, 1979).

A. In reaching a decision, official notice may be taken, prior to submission of the case for decision, of any generally accepted technical or scientific matter pertaining to solid-waste management, and of any fact which may be judicially noticed by the courts of this state. Parties present at the hearing shall be informed of the matters to be noticed, and those matters shall be noted in the record. Any such party shall be given a reasonable opportunity on request to refute the officially noticed matters by evidence or by written or oral presentation of authority.
B. Within 30 days after the case is submitted for decision, the hearing panel shall issue its decision. Copies of the decision shall be sent to all parties. The hearing panel may conduct a hearing with three members of the panel present. However, cases shall be determined by concurrence of three members. The decision shall be in writing and shall contain findings of fact, a determination of the issues presented and the penalty, if any.
C. The decision shall become effective 30 days after it is mailed or personally served upon the permittee unless, in the case of a solid-waste facilities permit, the permittee files an appeal to the board. If such an appeal is filed, the decision of the hearing panel is stayed pending determination by the board.
D. If the permittee fails to file a notice of defense or to appear at the hearing, the hearing panel may take action based upon information supplied by the permittee to the enforcement agency in writing, including but not limited to the permit application. Where the burden of proof is on the permittee to establish that he is entitled to the action of the enforcement agency sought, the hearing panel may act without taking further evidence.
E. Nothing herein shall be construed to deprive the permittee of the right to make any showing by way of mitigation. (Ord. 11886 Art. 10 § 1007, 1979.)