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. V. Page 1 of 2 Michael Kith [EH] From: Robert McClellon [EH] Sent: Tuesday, June 19, 2012 11:48 AM To: 'Taylor, Kevin' Cc: James Myles [CC]; Michael Kith [EH] Subject: RE:: Illegal Landfill Activities on proposed Forward Landfill expansion site; Request for Pub. Res. Code section 44307 hearing; Public Records Act request Kevin, I get it and I know that the time frames are in place, but I do not have a full panel. I cannot have the hearing until I do. The COB was supposed to have an appointment for the vacant position, but for some reason unknown to me it did not happen, Now I am told that the appointment will occur on June 26, 2012. 1 need to talk with Counsel and set up a meeting with the attorneys for the La Forges. Maybe we can explain what was done and what is required and that will suffice. If there can be an agreement made then maybe no hearing. If not then they will be made aware that no hearing until after the appointment. Anyway, the request for a hearing can be made for any reason legitimate or not. Robert From: Taylor, Kevin[mailto:Kevin.Taylor@CalRecycle.ca.gov] Sent: Tuesday, June 19, 2012 9:23 AM To: Robert McClellon [EH] Cc: Loane, John Subject:: Illegal Landfill Activities on proposed Forward Landfill expansion site; Request for Pub. Res. Code section 44307 hearing; Public Records Act request Good morning Robert, I'm checking back with you to see if you received your copy in the mail. I know there are specific timeframes associated with a request for hearing and wanted to provide you some additional information. These statutes govern LEA hearings: PRC 44307, , 44308, 44310. If either party appeals to CalRecycle, PRC 45030, 45031 and 45032 will apply. The informal rules of the Administrative Procedures Act apply to the hearings, Government Code 11400 et seq., and some of the Office of Administrative Hearing's regs. The "complainant" needs to file within 30 days of the alleged illegal activities. The hearing shall be scheduled no later than 30 days after receiving the complaint/request. The LEA needs to respond within 15 days of receipt and notify where and when the hearing will take place. The LEA shall respond to the statement of issues in writing to the hearing panel/officer and complainant no later than 15 days before the hearing. Hearing officer/panel shall respond within 5 days of the conclusion of the hearing. Let me know if there's anything I can assist with. We have samples from other hearings that I can provide. Kevin From: Peter R. Miljanich Lmailto:miljanich@smwlaw.coml Sent: Friday, June 15, 2012 12:33 PM To: rmcclellon@sjcehd.com Cc: Rachel B. Hooper; Laurel L. Impett; John Funderburg 0funderburg0sjgov.org); Taylor, Kevin; jeannie.laforge@amail.com; michael.s.laforge@gmail.com; david.ireyOs'cst da.org; james.willet@sicda.org Subject: Illegal Landfill Activities on proposed Forward Landfill expansion site; Request for Pub. Res. Code section 44307 hearing; Public Records Act request 9/27/2012