Subject to the limitations set forth below, prior to granting or denying a petition,
the Environmental Health Department may order a hearing, or may grant or deny a petition
without a hearing. If a hearing has not been conducted prior to the denial of a petition,
the petitioner may demand a hearing upon said denial and a hearing shall then be conducted
before an examiner. The above provisions notwithstanding, the Environmental Health
Department must always conduct a hearing (a) if it determines that a variance or exemption
should be granted, in which case a hearing shall be conducted pursuant to Health and
Safety Code section 4021, subdivision (e); or (b) if it determines that a permit,
variance or exemption should be suspended or revoked, in which case a hearing shall
be conducted in accordance with section 4031 of the Health and Safety Code.
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