(a) No final order resolving a contested decision of the Division of Environmental Quality shall be issued until the Arkansas Pollution Control and Ecology Commission has provided aggrieved persons that have standing the opportunity for an adjudicatory hearing upon the matter.
(b) Any person that will be directly affected by the order shall have the right to be heard at the hearing, to submit evidence, and to be represented by counsel.
(c) Written notice specifying the time and place of the hearing shall be served by the commission in the manner provided by § 8-4-214 upon all persons known by it to be directly affected by the order, not less than ten (10) days before the date of the hearing.
(d) A copy of any order issued by the commission after the hearing shall also be served upon the persons.
Structure Arkansas Code
Chapter 4 - Arkansas Water and Air Pollution Control Act
Subchapter 2 - Water Pollution
§ 8-4-201. Powers and duties of division and commission generally
§ 8-4-203. Permits generally — Definitions
§ 8-4-204. Permits — Revocation
§ 8-4-206. State water pollution control agency — General authority
§ 8-4-207. State water pollution control agency — Powers and duties generally
§ 8-4-208. State water pollution control agency — Administration of permit program generally
§ 8-4-210. Investigations and hearings generally
§ 8-4-212. Adjudicatory hearings and orders
§ 8-4-213. Conclusiveness of commission actions
§ 8-4-214. Service of notice, orders, etc
§ 8-4-215. Intergovernmental cooperation
§ 8-4-216. Information and inspections
§ 8-4-218. Violations of chapter, orders, rules, etc. — Hearings — Notice
§ 8-4-219. Violations of chapter, orders, rules, etc. — Hearings — Conduct
§ 8-4-220. Violation of chapter, orders, rules, etc. — Order of division without hearing
§ 8-4-221. Violations of chapter, orders, rules, etc. — Hearing — Orders
§ 8-4-222. Appeals — Entitlement
§ 8-4-226. Appeal — Response by commission and record
§ 8-4-227. Appeal — Review by circuit court
§ 8-4-228. Appeal — Stay of proceedings
§ 8-4-229. Appeals, proceedings, etc. — Presumptions
§ 8-4-230. Temporary variances and interim authority
§ 8-4-231. Effectiveness of regulations, rules, or orders
§ 8-4-232. Nutrient water quality trading programs — Definition
§ 8-4-233. Nutrient Water Quality Trading Advisory Panel — Creation — Members — Duties