(a) In any appeal or other proceeding involving any order, rule, or other decision of the Arkansas Pollution Control and Ecology Commission, the action of the commission shall be prima facie evidence reasonable and valid, and it shall be presumed that all requirements of the law pertaining to the taking thereof have been complied with.
(b) All findings of fact made by the commission shall be prima facie evidence of the matters therein stated.
(c) The burden of proving the contrary of any provision of this section shall rest upon the appellant or other party questioning the action of the commission.
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