Notice of the hearing shall be served upon: a) the petitioner, permittee and person
upon whom an order, citation or abatement order has been, or should be, served, as
the case may be; b) the operator of any affected water system; c) the person, of any
affected water system, designated as intermediary with the county health officer under
Health and Safety Code section 4010.10; and d) the public. Service shall also be made
upon any user if his water service is likely to be curtailed or if there is a substantial
danger to his life, safety or health, provided the name and address of such user is
known or is readily ascertainable. If the hearing resulted from a complaint by any
member of the public, said person shall also be served with notice of the hearing.
In the case of a petition for a permit or permit modification, the notice of the hearing
to the public shall be served by the petitioner. In all other cases, service of the
notice shall be by the Environmental Health Department.
In the case of service of the notice on a person, notice shall be in writing, delivered
or mailed, registered and postage prepaid, to the person, not less than fifteen (15)
days prior to the scheduled hearing. Service on the public shall be by publication
of the notice in a newspaper of general circulation at least one time not less than
fifteen (15) days prior to the date of the hearing.
Notice of the hearing shall state the following: (a) the nature of the proceeding
and of any remedy sought by the Environmental Health Department (e.g., revocation
of permit, abatement of nuisance, etc.); (b) the date, time and place of the hearing;
(c) identification of the hearing examiner; (d) the reason for the hearing, including
a concise statement of the alleged material facts pertinent thereto, with specific
reference to any statute, rule, regulation, ordinance, standard, permit or order pertinent
thereto; and (e) a statement that a copy of the hearing procedure is available from
the Environmental Health Department.
Attendance at the hearing shall constitute a waiver of any defective notice by any
person attending the hearing. Failure of any person, served with notice, to appear
at the hearing or at any continued hearing shall constitute a default by said person.
