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HomeHealth and Safety CodeDiv. 26Pt. 3Ch. 8Art. 2§ 40828 Public Testimony At Hearings

§ 40828 Public Testimony At Hearings

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 40828 Public Testimony At Hearings

Key Takeaways

  • •People who care about the issue can speak at the hearing, and the board must listen to them before deciding.
  • •The board must keep a record of who spoke and what they said, like a recording, for at least a year or as long as the decision is in effect.

Example

A neighborhood wants to stop a new factory from being built because it might cause pollution.

The hearing board must let the neighbors speak about their concerns and write down or record what they say. The board has to keep this record for at least a year or as long as the factory decision is active.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 40828 Public Testimony At Hearings

(a) A hearing board shall allow interested members of the public a reasonable opportunity to testify with regard to the matter under consideration, and shall consider that testimony in making its decision. (b) The hearing board shall prepare a record of the witnesses and the testimony of each witness at the hearing. The record may be an audio recording. The record shall be retained by the hearing board while the variance is in effect, or for the period of one year, whichever is longer. (Amended by Stats. 2009, Ch. 88, Sec. 66. (AB 176) Effective January 1, 2010.)

Last verified: January 24, 2026

Key Terms

considerationporthearingthe issuevariance

Related Statutes

  • § 2829 District Formation Hearing Rules
  • § 40825 Temporary Variance Hearing Notice
  • § 42363 Variance Revocation Hearing Process
  • § 105448 Scientific Guidance Panel Composition
  • § 111855 Violation Penalties And Complaints

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 40828.
View Official Source