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June 5 , 1989 Page -2- "Where an independent hearing panel is appointed no more than one member of the governing body 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 governing body may appoint a replacement to serve out the remainder of the unexpired term. " (emphasis added) .,. Government Code, Section 66796.58 The above section is included within Chapter 3 , entitled "Enforcement Program" which commences with Section 66795 ' and ends with Section 66796. 84 . As you will note, section 66796.31 which provides for the public hearing in question is a part of Chapter 3 , and therefore would be a hearing required t6 be conducted by that chapter. Section 66796-58 is very specific as to the make-up of the hearing panel. Under the terms of that section, the hearing panel can be either the Board of Supervisors (the local governing body) or an independent hearing panel composed of five persons , consisting of (a) no more than one member of the governing body, (b) at least one person shall be a technical expert with knowledge of solid waste management methods, and (c) at least one person shall represent the public at large. Therefore, in my opinion, the Advisory Board (being the former Health District Board) would not qualify as the hearing panel. You will note that I am forwarding a copy of this letter to Mike McGrew as , in the end, it will be the Board of Supervisors who will be called upon to conduct these public hearings.