Arkansas Administrative Code

7 CAR § 91-112. Prosecuting attorney. (a) Following each election, the county board of election commissioners may: (1) Review the precinct voter registration lists for voters not providing identification at the polls; and (2) Forward the information to the prosecuting attorney fo…

7 CAR § 91-113. Preliminary and unofficial results. (a) The processing and counting of provisional ballots, including hearings, shall not delay the declaration of preliminary and unofficial results required by Arkansas Code § 7-5-701. (b) When reporting preliminary and unofficial…

7 CAR § 91-114. Official certified results. The official certified results of the election shall include the votes cast on all provisional ballots that were determined by the county board of election commissioners to be valid.

7 CAR § 91-115. Forms utilized under this part. (a) The provisional voter envelope utilized under this part shall be the most current version of the provisional voter envelope: (1) Approved for use by an affirmative vote of the State Board of Election Commissioners; and (2) Avail…

7 CAR § 91-116. Poll watcher training. (a) Any person may complete the poll watcher training available on the website of the State Board of Election Commissioners. (b) To obtain a certificate of completion, the prospective poll watcher shall: (1) Review all required training mate…

7 CAR § 92-101. Scope. (a) This part sets forth the procedures for determining voter intent. (b) Remaking of defective or unscannable ballots. (c) This part is subject to revisions due to the use of new types of equipment and/or ballot formats or changes in laws and is in additio…

7 CAR § 92-102. Definitions. As used in this part: (1) “Candidate area” means the area or areas on a ballot where candidates’ names appear; (2) “Electronic vote tabulating device” means a device, commonly referenced as an optical scanner, used to electronically scan a marked pape…

7 CAR § 92-103. Paper ballots. (a) The following standards shall apply in determining whether a paper ballot has been properly marked and whether a vote should be counted for any contest in question: (1) When paper ballots are not scanned in the presence of the voter due to malfu…

7 CAR § 92-104. Direct recording electronic voting machine. (a)(1) Voting machines are constructed to notify a voter when more than the maximum allowable number of selections in any one (1) contest are made, thus preventing the voter from over-voting any contest on the ballot. (2…

7 CAR § 92-105. Duplication of ballots. (a)(1)(A) The duplication of ballots as prescribed in Arkansas Code § 7-5-615(d) shall occur no earlier than twenty-four (24) hours after the opening of the polls on election day and no later than 12:00 noon the Monday following election da…

7 CAR § 93-101. Scope. This part is to supplement and provide consistency with Arkansas Constitution, Amendment 51, and other laws of Arkansas to secure uniform and efficient procedures in the administration of Amendment 51 throughout the state, Arkansas Constitution, Amendment 5…

7 CAR § 93-102. Definitions. As used in this part: (1)(A) “Authorized computer voter registration agency” means those voter registration agencies identified in Arkansas Constitution, Amendment 51, §§ 5(b)(2) – (4), that are specifically authorized to utilize computer processes as…

7 CAR § 93-103. Requirements to accept registration application forms and applications from authorized computer voter registration agencies. (a) A permanent registrar shall accept a registration application form that is: (1) Complete and legible; (2) Executed with a signature or …

8 CAR § 10-101. Authority. Pursuant to the authority and provisions of the Arkansas Solid Waste Management Act, Arkansas Code § 8-6-201 et seq. through Arkansas Code § 8-6-709, the Arkansas Water and Air Pollution Control Act, Arkansas Code §§ 8-4-101 – 8-4-313, Arkansas Code §§ …

8 CAR § 10-102. Definitions. When used in this part: (1) "Commission" means the Arkansas Pollution Control and Ecology Commission; (2) "Director" means the Director of the Division of Environmental Quality; (3) "Division" means the Division of Environmental Quality; (4) "Person" …

8 CAR § 10-103. Procedure. The assessment of civil penalties hereunder shall be in accordance with the administrative procedures specified in 8 CAR pt. 11, or if an action in a court of competent jurisdiction, then under the Arkansas Rules of Civil Procedure.

8 CAR § 10-104. Solid waste management. (a) The amount of any civil penalty to be assessed for any person for the violation of any provision of the Arkansas Solid Waste Management Act, Arkansas Code § 8-6-201 et seq., the Recycling Act, Arkansas Code § 8-9-101 et seq., or the Sol…

8 CAR § 10-105. Air. (a) The amount of any civil penalty to be assessed any person for the violation of any provision of Part II of the Arkansas Water and Air Pollution Control Act, Arkansas Code § 8-4-101 et seq., and rules, plans, or procedures developed thereunder or the viola…

8 CAR § 10-106. Hazardous waste management. (a) The amount of any civil penalty to be assessed any person for the violation of any provision of the Arkansas Hazardous Waste Management Act of 1979, Arkansas Code § 8-7-201 et seq., and rules, plans, or procedures developed thereund…

8 CAR § 10-107. Water. (a) The amount of any civil penalty to be assessed any person for the violation of any provision of Part I of the Arkansas Water and Air Pollution Control Act, Arkansas Code § 8-4-101 et seq., and rules, plans, or procedures developed thereunder, or the vio…

8 CAR § 10-108. Regulated substance storage tanks. (a) The amount of any civil penalty to be assessed any person for the violation of any provision of the Regulated Substance Storage Tank statutes, Arkansas Code § 8-7-801 et seq., and rules, plans, and procedures developed thereu…

8 CAR § 10-109. Determination of amount. (a) In determining the amount of a civil penalty to be assessed hereunder, the Division of Environmental Quality shall consider the following factors which may increase or decrease the amount of the assessed fine: (1) The seriousness of th…

8 CAR § 10-110. Effective date. This part shall be in full force and effect as of July 24, 1992.

8 CAR § 11-101. Title. (a) The Arkansas Pollution Control and Ecology Commission adopts Part 11 pursuant to Arkansas Code § 8-1-203(b)(1), (2), and (3). (b) This part shall be known as Part 11, Administrative Procedures, and may be cited as 8 CAR pt. 11.

8 CAR § 11-102. Purpose and intent. (a) The purpose of this part is to set out the administrative procedures that govern: (1) The Arkansas Pollution Control and Ecology Commission; (2) The Division of Environmental Quality; and (3) Any person appearing in any proceeding or matter…

8 CAR § 11-103. Definitions. As used in this part, unless the context otherwise requires: (1) “Adjudicatory hearing” means any hearing held by the Arkansas Pollution Control and Ecology Commission under the laws administered by the Arkansas Pollution Control and Ecology Commissio…

8 CAR § 11-201. Applicability. (a)(1) Unless otherwise required by another Arkansas Pollution Control and Ecology Commission rule, the following sections of this subpart shall apply to all permitting decisions. (2) However, the requirements of 8 CAR §§ 11-205 – 11-209 and 8 CAR §…

8 CAR § 11-202. Director as permitting authority. (a) The Director of the Division of Environmental Quality or the director’s delegatee shall issue all permits. (b) Nothing in this part, including the power to reverse or affirm a permitting decision by the director, shall be cons…

8 CAR § 11-203. Permit application procedures. (a) An applicant shall file a permit application with the appropriate division of the Division of Environmental Quality on forms supplied by or approved by the Division of Environmental Quality. (b) This may include electronic forms …

8 CAR § 11-204. Noncompliance determination. (a) Purpose. In order to ensure the continued protection of the public health, safety, and welfare and the environment of this state, upon the determination that any applicant for the issuance or transfer of any permit, license, certif…

8 CAR § 11-205. Public notice of permit application. (a)(1) Public notice of an administratively complete application for a permit shall be published in a newspaper of general circulation in the county in which the proposed facility or activity is to be located or, for a statewid…

8 CAR § 11-206. Request for public hearing on application for permit. (a)(1) Any interested person may request a public hearing on a permit application. (2) The request shall be in writing and shall state reasons for the necessity of a public hearing. (3) The request must be file…

8 CAR § 11-207. Public notice of draft permitting decision. (a)(1) When the Director of the Division of Environmental Quality issues a draft permitting decision, notice of the draft permitting decision shall be published in a newspaper of general circulation in the county in whic…

8 CAR § 11-208. Public comment on draft permitting decision. (a)(1) Any interested person may submit to the Division of Environmental Quality written comments, data, views, or arguments on the draft permitting decision during the public comment period. (2) 8 CAR § 11-214 provides…

8 CAR § 11-209. Public hearings. (a) If the Division of Environmental Quality decides to hold a public hearing on an application for a permit or on a draft permitting decision, the division shall schedule the hearing and: (1)(A) Give notice of the date, time, and place of the hea…

8 CAR § 11-210. Public meetings. The Division of Environmental Quality, in its discretion, may hold a public meeting for the purpose of informally exchanging information with the public on a permitting decision.

8 CAR § 11-211. Final permitting decision. (a) Director of the Division of Environmental Quality’s decision. (1)(A) The director shall issue the final permitting decision in writing. (B) The director’s decision shall be made upon consideration of: (i) The completed application; (…

8 CAR § 11-212. Permit transfer. (a)(1)(A) Except for the transfer of hazardous waste permits, an applicant for a transfer of a permit shall submit to the Division of Environmental Quality a written request for transfer of the permit on a form provided by the division. (B) The ap…

8 CAR § 11-213. Minor modifications. The final decision of the Director of the Division of Environmental Quality regarding a minor modification of a permit is effective immediately.

8 CAR § 11-214. Persons with standing to appeal a permitting decision. (a)(1) Only the applicant or permittee and those persons who submitted timely public comments on the record, if a public comment period was provided, shall have standing to appeal a final permitting decision t…

8 CAR § 11-215. Review on commission initiative. (a) The Arkansas Pollution Control and Ecology Commission may, by majority vote within thirty (30) calendar days of the date of the Director of the Division of Environmental Quality’s issuance of a permitting decision, initiate adj…

8 CAR § 11-216. Interim authority and temporary variances. (a) Every Director of the Division of Environmental Quality’s decision to grant or deny a temporary variance or interim authority pursuant to Arkansas Code § 8-4-230, shall be publicly noticed in accordance with 8 CAR § 1…

8 CAR § 11-217. Appeal from final commission decision. The Arkansas Pollution Control and Ecology Commission’s final decision on a permitting issue is appealable to circuit court, see Arkansas Code §§ 8-4-222 – 8-4-229 and 8 CAR §§ 11-701 – 11-703.

8 CAR § 11-218. Inapplicability. Nothing in this subpart shall affect the ability of the Director of the Division of Environmental Quality to terminate, suspend, or revoke a permit for cause pursuant to the procedures for enforcement actions as specified in Subpart 4 of this part…

8 CAR § 11-301. Applicability. The procedures set forth in this subpart apply to all grant, loan, or tax credit decisions.

8 CAR § 11-302. Issuance of director’s decision. (a)(1)(A) The Director of the Division of Environmental Quality shall issue a written decision on all grant, loan, or tax credit matters within the time periods specifically required by law or rule. (B) In the absence of a specifie…

8 CAR § 11-303. Review on commission initiative. (a) The Arkansas Pollution Control and Ecology Commission may, by majority vote within thirty (30) calendar days of the date of the Director of the Division of Environmental Quality’s issuance of a grant, loan, or tax credit decisi…