How to Request a CARB Hearing After Receiving a Clean Truck Check Violation Notice

Introduction

Receiving a Clean Truck Check violation notice does not necessarily mean the matter is beyond review. In some situations, vehicle owners or businesses may request a hearing with the California Air Resources Board (CARB) if they believe additional facts, documentation, or circumstances should be considered.

This article explains what a CARB hearing is, when hearing rights may be available, how to understand the instructions provided in your violation notice, and how to prepare supporting documentation if you decide to request a hearing.

What Is a CARB Hearing?

A CARB hearing provides an opportunity for the recipient of a violation notice to present information regarding an enforcement action.

Depending on the circumstances, a hearing may allow you to explain why you believe the violation was issued in error, provide documentation supporting your position, or present other relevant facts for CARB’s consideration.

The specific hearing procedures are typically explained in the violation notice or other correspondence provided by CARB.

When Should You Consider Requesting a Hearing?

You may wish to request a hearing if:

• You believe the violation was issued in error.
• Your vehicle was already compliant before the notice was issued.
• You have documentation showing the alleged violation is incorrect.
• There are facts or circumstances that CARB may not have considered.

Every situation is different, so carefully review the information provided in your violation notice before deciding how to proceed.

Preparing for a Hearing

Before requesting a hearing, gather any documentation that supports your position.

This may include:

• Compliance test reports.
• Demonstration of Correction forms.
• Vehicle registration documents.
• Maintenance or repair records.Correspondence with CARB.
• Any other records related to the alleged violation.

Having organized documentation can help CARB evaluate your request more efficiently.

How to Request a Hearing

The exact hearing or review process is explained in the violation notice issued by CARB. If your violation notice provides information regarding hearing rights or review procedures, carefully follow the instructions and deadlines contained in that notice.

In general:

1. Carefully review the instructions contained in the violation notice.
2. Follow all deadlines listed by CARB.
3. Complete any required hearing request forms.
4. Submit supporting documentation.
5. Keep copies of everything you submit.
6. Missing a deadline may affect your ability to request a hearing.

Important Things to Know

Requesting a hearing does not automatically stop enforcement actions or remove a registration hold.

Continue working to resolve any compliance issues while your request is being reviewed unless CARB provides different instructions.

Best Practices

• Read your violation notice carefully.
• Submit your hearing request before the deadline.
• Organize supporting documents clearly.
• Maintain copies of all correspondence.
• Be factual and concise when explaining your position.

Bottom Line

A CARB hearing provides an opportunity to present information regarding a Clean Truck Check enforcement action when you believe additional facts should be considered. Carefully following the hearing instructions, meeting deadlines, and providing organized documentation can help ensure your request receives a thorough review.