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77.105 Hearing board -- Membership, qualifications, term, removal.

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77.105 Hearing board -- Membership, qualifications, term, removal. (1) The air pollution control board of an air pollution control district shall appoint a hearing board to consist of three (3) members, none of whom is a member of the air <br>pollution control board, and only two (2) of whom may be of the same political <br>party affiliation. Two (2) members of the hearing board shall have been admitted to <br>practice law in this Commonwealth. Both shall be residents and freeholders of the <br>district. Neither shall be otherwise employed by the air pollution control district or <br>by any other municipal corporation or political subdivision of the Commonwealth. <br>The third member of the hearing board shall be an engineer by profession, and shall <br>be a graduate of a recognized university or college and shall be thoroughly familiar <br>with the theory and practice of the construction and operation of furnaces and <br>combustion devices, or in the theory of the prevention and control of air pollution. <br>The latter member shall not be otherwise employed by the air pollution control <br>district or the air pollution control board appointing the hearing board, but may be <br>an employee of some other political subdivision or municipal corporation of the <br>Commonwealth. He need not reside nor own property within the district. (2) The air pollution control board shall appoint one (1) member of the hearing board for a term of one (1) year, one (1) member for a term of two (2) years, and one (1) <br>member for a term of three (3) years. Thereafter the terms of members of the <br>hearing board shall be three (3) years. A member of the hearing board shall be <br>eligible to succeed himself. A vacancy in the membership shall be filled by an <br>appointee of the air pollution control board for the unexpired portion of the term. <br>Such an appointee shall have the same qualifications as a regularly appointed <br>member. (3) Any member of the hearing board may be removed by the air pollution control board, for cause, after a hearing by the air pollution control board, and after at least <br>ten (10) days notice in writing shall have been given to the member, which notice <br>shall embrace the charges preferred against him. At the hearing he may be <br>represented by counsel. The finding of the air pollution control board shall be final, <br>and removal results in vacancy in such office. Effective: March 14, 1952 <br>History: Created 1952 Ky. Acts ch. 53, sec. 23, effective March 14, 1952.