Arkansas Administrative Code

8 CAR § 11-404. Review on commission initiative. (a) The Arkansas Pollution Control and Ecology Commission may, by majority vote within thirty (30) calendar days of the effective date of a consent administrative order settling an administrative enforcement action or a default adm…

8 CAR § 11-405. Public notice of notices of violation and consent administrative orders. (a)(1) On or about the tenth and twenty-fifth day of each month, the Director of the Division of Environmental Quality shall cause a list of all notices of violation issued, and all consent a…

8 CAR § 11-406. Public participation in administrative enforcement. (a)(1) Any person who submits written comments within the public comment period on the issuance of a notice of violation shall be given notice of any adjudicatory hearing to be held in the matter. (2) If comments…

8 CAR § 11-407. Effective date of consent administrative orders. (a)(1) No consent administrative order assessing an administrative civil penalty shall be effective until thirty (30) calendar days after publication of notice of the order. (2) However, corrective action may be req…

8 CAR § 11-408. Effective date of default administrative orders. A default administrative order shall be effective upon its issuance by the Director of the Division of Environmental Quality.

8 CAR § 11-501. Applicability. All emergency actions shall comply with the provisions of this subpart and with all laws and rules administered by the Arkansas Pollution Control and Ecology Commission or the Division of Environmental Quality.

8 CAR § 11-502. Issuance of emergency orders. (a)(1) The Director of the Division of Environmental Quality, in his or her discretion, may issue an emergency order when necessary to meet an emergency or situation of imminent hazard. (2) The order may be issued verbally or in writi…

8 CAR § 11-503. Request for hearing. (a)(1) Any person to whom an emergency order is issued may file a written request for hearing with the commission secretary within ten (10) calendar days of the issuance of the order. (2) Any request for hearing shall comply with the provision…

8 CAR § 11-504. Review on commission initiative. (a) The Arkansas Pollution Control and Ecology Commission may, by majority vote within ten (10) calendar days of the Director of the Division of Environmental Quality’s issuance of an emergency order, initiate adjudicatory review o…

8 CAR § 11-601. Parties. The following persons shall, as applicable, be made a party to any adjudicatory proceeding initiated pursuant to this part: (1) The Director of the Division of Environmental Quality; (2) In the appeal of a permitting decision, the permittee or permit appl…

8 CAR § 11-602. Representation of corporations. Any corporation in an adjudicatory proceeding must be represented by an attorney who shall file with the Arkansas Pollution Control and Ecology Commission secretary all pleadings and other documents for the corporation in conjunctio…

8 CAR § 11-603. Request for hearing. (a) Filing. Any person seeking review of a final decision of the Director of the Division of Environmental Quality must file a written request for hearing with the Arkansas Pollution Control and Ecology Commission secretary. (b) Filing deadlin…

8 CAR § 11-604. Permissive intervention. (a) Any person who submitted comments during the public comment period may petition in a timely manner for permissive intervention in an adjudicatory hearing. (b) If no public comment period is provided, any person who reasonably considers…

8 CAR § 11-605. Form of pleadings or other documents. (a) Every pleading, petition, motion, brief, or other document filed in any adjudicatory hearing or other proceeding before the Arkansas Pollution Control and Ecology Commission shall contain the following: (1) A caption setti…

8 CAR § 11-606. Filing of pleadings or other documents. (a)(1) All pleadings and other documents to be filed in any proceeding shall be filed with the Arkansas Pollution Control and Ecology Commission secretary and, within one (1) business day of the filing, the person filing sha…

8 CAR § 11-607. Service and proof of return. (a) A copy of any notice of violation, request for hearing, or petition for intervention filed with the Arkansas Pollution Control and Ecology Commission secretary must be served upon all applicable parties identified in 8 CAR § 11-601…

8 CAR § 11-608. Administrative hearing officer’s powers. (a) The administrative hearing officer shall preside over all adjudicatory hearings. (b)(1) The administrative hearing officer shall be subject to disqualification from any adjudicatory hearing for bias, prejudice, interest…

8 CAR § 11-609. Recording of adjudicatory hearings and court reporter costs. (a)(1) The administrative hearing officer shall electronically or stenographically record: (A) Adjudicatory hearings to take evidence; (B) Hearings involving dispositive motions; and (C) Hearings on a pe…

8 CAR § 11-610. Subpoenas. (a)(1) Any attorney of record to an adjudicatory hearing may issue, or any party of record may request that the administrative hearing officer issue, subpoenas. (2) The administrative hearing officer may, in his or her discretion, deny issuance of a sub…

8 CAR § 11-611. Rules of civil procedure. Procedural matters not addressed in this subpart shall be governed by the provisions of the Arkansas Rules of Civil Procedure.

8 CAR § 11-612. Effectiveness of orders during commission review. (a) During the pendency of an Arkansas Pollution Control and Ecology Commission review: (1) The denial of a permit shall stand; (2) The issuance, modification, or revocation of a permit or that part of a permit whi…

8 CAR § 11-613. Preliminary hearing. (a) After a request for hearing is filed with the Arkansas Pollution Control and Ecology Commission secretary, a preliminary hearing may be held, if necessary, for the administrative hearing officer to consider the simplification of the issues…

8 CAR § 11-614. Notice of hearing. (a)(1) The administrative hearing officer shall schedule the adjudicatory hearing and other proceedings. (2) In the appeal of a permitting decision, the administrative hearing officer shall schedule the hearing and other proceedings so that the …

8 CAR § 11-615. Settlements. (a)(1) If a matter for which a request for hearing has been filed is resolved by a settlement of the parties prior to the hearing, the Division of Environmental Quality shall give the Arkansas Pollution Control and Ecology Commission notice of the res…

8 CAR § 11-616. Conduct of adjudicatory hearings. (a) Presentation of evidence. The party of record bearing the burden of proof shall present its evidence first with the opportunity for rebuttal after presentation of evidence by the opposing party or parties of record, unless the…

8 CAR § 11-617. Recommended decision of administrative hearing officer. (a) At the conclusion of an adjudicatory hearing, unless the matter is resolved by stipulation or settlement by the parties prior to the hearing, the administrative hearing officer shall issue a written recom…

8 CAR § 11-618. Commission review. (a)(1) Arkansas Pollution Control and Ecology Commission review of any appealed or contested matter shall be a de novo review of the record compiled by the administrative hearing officer. (2) However, the commission may vote to consider addition…

8 CAR § 11-619. Oral argument before the commission. (a) Request for oral argument. (1) Any party of record may request the Arkansas Pollution Control and Ecology Commission to hear an oral argument on a recommended decision by filing a written request with the commission secreta…

8 CAR § 11-620. Additional evidence. (a)(1) A party of record may request an opportunity to supplement the record with additional evidence. (2) The requesting party must satisfactorily demonstrate to a majority of the Arkansas Pollution Control and Ecology Commission that the evi…

8 CAR § 11-621. Prohibition on ex parte communication. (a) No party of record, or representative thereof, to a pending adjudicatory proceeding shall attempt by any means to communicate ex parte with any member of the Arkansas Pollution Control and Ecology Commission or the admini…

8 CAR § 11-622. Actions for declaratory orders. (a)(1) Any permittee or person subject to regulation by the Arkansas Pollution Control and Ecology Commission or the Division of Environmental Quality may petition the commission for a declaratory order as to the applicability of an…

8 CAR § 11-701. Finality of decisions. No order of the Director of the Division of Environmental Quality on any enforcement or emergency matter, any permitting decision, grant or loan decision, tax credit decision, petroleum storage tank trust fund decision, or any other appealab…

8 CAR § 11-702. Filing of appeal. (a) Within thirty (30) calendar days after service of a copy of the Arkansas Pollution Control and Ecology Commission’s final order, rule, or other final decision, an appellant may file a notice of appeal with the circuit court of the county in w…

8 CAR § 11-703. Filing of commission response and record. (a) Within thirty (30) calendar days after service of the notice of appeal, the Arkansas Pollution Control and Ecology Commission shall file with the clerk of the circuit court a response to the notice of appeal and the re…

8 CAR § 11-801. Public notice. Prior to the adoption, amendment, or repeal of any rule, the Arkansas Pollution Control and Ecology Commission shall give at least thirty (30) calendar days’ notice of the commission’s intended action on the proposed rulemaking decision.

8 CAR § 11-802. Publication of notice. (a) The notice shall be mailed to all persons requesting advance notice. (b) In addition, notice shall be published in appropriate industry, trade, professional, or public interest publications chosen by the Arkansas Pollution Control and Ec…

8 CAR § 11-803. Contents of notice. The notice shall include: (1) Reference to the legal authority under which the rule is proposed; (2) Either the terms or substance of the proposed rule and a description of the subjects and issues involved; (3) The time, place, and manner for s…

8 CAR § 11-804. Public hearing required. No rule shall be adopted, amended, or repealed by the Arkansas Pollution Control and Ecology Commission until after a public hearing is held at least twenty (20) days after the date of public notice, except for an emergency rulemaking as s…

8 CAR § 11-805. Public hearing proceedings. (a) The presiding officer at a public hearing shall be any commissioner or the Arkansas Pollution Control and Ecology Commission's designee. (b) At the hearing: (1) Any interested person may submit comments, written or oral, on the prop…

8 CAR § 11-806. Written comments. (a) The Arkansas Pollution Control and Ecology Commission prefers that all comments be in writing and filed with the Division of Environmental Quality by: (1) Mail; (2) Facsimile; or (3) Electronic mail. (b) The period for receiving written comme…

8 CAR § 11-807. Emergency rulemaking. (a) If the Arkansas Pollution Control and Ecology Commission determines that imminent peril to the public health, safety, or welfare requires emergency rulemaking, the commission may waive or reduce the notice requirements of 8 CAR §§ 11-801 …

8 CAR § 11-808. Contents of rulemaking docket. (a) A rulemaking docket shall include: (1) A petition containing a caption as set out in 8 CAR § 11-605 and a detailed explanation of the proposed rule; (2) An attached marked-up copy of the entire rule or the specific pages of the r…

8 CAR § 11-809. Third-party petition for rulemaking. Any person may petition the Arkansas Pollution Control and Ecology Commission for the issuance, amendment, or repeal of any rule.

8 CAR § 11-810. Commission deadline on third-party petitions. (a) Within sixty (60) calendar days after the petition is filed with the Arkansas Pollution Control and Ecology Commission, the commission shall either initiate the procedures for adopting the proposed rule or deny the…

8 CAR § 11-811. Procedures for third-party rulemaking. (a) If the Arkansas Pollution Control and Ecology Commission initiates rulemaking in response to a third-party petition, the commission shall give notice of the proposed rule as set forth in 8 CAR §§ 11-801 – 11-803 and shall…

8 CAR § 11-812. Economic impact and environmental benefit analysis requirements. (a) When economic impact and environmental benefit analysis is required. (1) An economic impact and environmental benefit analysis shall be prepared by the proponent of any proposed rulemaking before…

8 CAR § 11-813. Evaluation of economic impact/environmental benefit. (a) Following the public comment period, the Arkansas Pollution Control and Ecology Commission shall review all comments on the original impact/benefit analysis and include in the Statement of Basis and Purpose …