Arkansas Code
Subchapter 2 - Powers of the Division and Commission
§ 8-1-203. Powers and responsibilities of the Arkansas Pollution Control and Ecology Commission

(a) The Arkansas Pollution Control and Ecology Commission shall meet regularly in publicly noticed open meetings to discuss and rule upon matters of environmental concern.
(b) The commission's powers and duties shall be as follows:
(1)
(A) Promulgation of rules implementing the substantive statutes charged to the Division of Environmental Quality for administration.
(B) In promulgation of such rules, prior to the submittal to public comment and review of any rule or change to any rule that is more stringent than the federal requirements, the commission shall duly consider the economic impact and the environmental benefit of such rule on the people of the State of Arkansas, including those entities that will be subject to the rule.
(C) The commission shall promptly initiate rulemaking proceedings to further implement the analysis required under subdivision (b)(1)(B) of this section.
(D) The extent of the analysis required under subdivision (b)(1)(B) of this section shall be defined in the commission's rulemaking required under subdivision (b)(1)(C) of this section. It will include a written report which shall be available for public review along with the proposed rule in the public comment period.
(E) Upon completion of the public comment period, the commission shall compile a rulemaking record or response to comments demonstrating a reasoned evaluation of the relative impact and benefits of the more stringent rule;

(2) Promulgation of rules and procedures not otherwise governed by applicable law that the commission deems necessary to secure public participation in environmental decision-making processes;
(3) Promulgation of rules governing administrative procedures for challenging or contesting division actions;
(4) In the case of permitting or grants decisions, providing the right to appeal a permitting or grants decision rendered by the Director of the Division of Environmental Quality or his or her delegatee;
(5) In the case of an administrative enforcement or emergency action, providing the right to contest any such action initiated by the director;
(6) Instruct the director to prepare such reports or perform such studies as will advance the cause of environmental protection in the state;
(7) Make recommendations to the director regarding overall policy and administration of the division. However, the director shall always remain within the plenary authority of the Governor; and
(8) Upon a majority vote, initiate review of any director's decision.

(c)
(1)
(A) In providing for adjudicatory review as contemplated by subdivisions (b)(4) and (5) of this section, the commission may appoint one (1) or more administrative law judges.
(B) An administrative law judge shall at all times serve as an agent of the commission.

(2) In hearings upon appeals of permitting or grants decisions by the director or contested administrative enforcement or emergency actions initiated by the director, the administrative law judge shall administer the hearing in accordance with procedures adopted by the commission and, after due deliberation, submit his or her recommended decision to the commission.
(3)
(A)
(i) Commission review of any appealed or contested matter shall be upon the record compiled by the administrative law judge and his or her recommended decision.
(ii) Commission review shall be de novo. However, no additional evidence need be received unless the commission so decides in accordance with established administrative procedures.

(B) The commission may afford the opportunity for oral argument to all parties of the adjudicatory hearing.
(C)
(i) By the majority vote of a quorum, the commission may affirm, reverse and dismiss, or reverse and remand to the director.
(ii) If the commission votes to affirm or reverse, such decision shall constitute final agency action for purposes of appeal.


(4) Any party aggrieved by the commission decision may appeal as provided by applicable law.

(d) The Chair of the Arkansas Pollution Control and Ecology Commission may appoint one (1) or more committees composed of commission members to act in an advisory capacity to the full commission.

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