DUTIES: The Independent Hearing Panel (“IHP”) act as the local appeals body for solid waste permitting and enforcement issues. The City of San Jose, Department of Planning, Building, and Code Enforcement, Code Enforcement Division (“PBCE”) was designated by the State of California Integrated Waste Management Board (“CIWMB”) as the Local Enforcement Agency (“LEA”) for the City of San Jose. The LEA acts on behalf of the State for the enforcement of State solid waste laws and regulations. The IHP administrative review and appeals process is an alternative to the judicial review process and does not preclude an individual from filing an action in superior court to contest any action or inaction of the LEA or the CIWMB. (PRC § 45033).
RELATIONSHIPS: The IHP acts as the local administrative hearing body for solid waste facility permit and enforcement issues related to LEA actions within the City of San Jose. Decisions of the IHP may be appealed to the Cal-EPA Integrated Waste Management Board as the state administrative body for solid waste permit and enforcement issues.
QUALIFICATIONS: The three members of the Independent Hearing Panel are appointed by the City Council. Members shall be selected for their legal, administrative, or technical abilities in areas relating to solid waste management. Not more than one member of the governing body shall serve on the hearing panel. At least one member 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.
MEETINGS: Except as otherwise may be provided by the IHP from time to time, regular meetings of the IHP shall be held at 4:00 p.m., at San Jose City Hall, 200 East Santa Clara Street, San Jose, Ca 95113, on the second Monday in February, the second Monday in August, and as needed. A special meeting of the IHP may be called at any time by the Chair, or by a majority of the members of the IHP, in accordance with the Brown Act. Pursuant to PRC Section 45017(b) an emergency meeting shall be called in the event that an appellant seeks an immediate appeal of an order of the LEA, which takes effect upon service.
BENEFITS: Each of the members of the IHP shall be entitled to recover per diem and necessary expenses. Per diem amount shall not exceed $200.00 (Council Resolution No. 71488, adopted April 8, 2003).
POLITICAL REFORM ACT OF 1974 AS AMENDED:
The Conflicts of Interest Section of the Political Reform Act applies to the IHP. However, Commissioners are not required to file a Statement of Economic Interests.
APPOINTMENT PROCESS: Members are appointed to the IHP upon the Mayor's recommendation to the City Council and the City Council's approval of such recommendation.
ATTENDANCE POLICY: Panel Members are expected to attend all scheduled meetings of the IHP. San Jose Municipal Code Section 2.08.060 requires that a Member, who has unexcused absences from any three consecutive regular meetings, or 20% of the meetings in a calendar year, is deemed to have resigned from the Commission.
For further information about the Commission, please contact the HP Secretary at 408-277-4407.