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 decision, initiate adjudicatory review of the decision, even if the parties do not. (b)(1) After the commission decides to initiate review, the director, the applicant, and all persons who submitted public comments on the record, if a comment period was provided, shall be served notice by the commission of its decision to review. (2) Any person served with notice, other than the director and the applicant, desiring to participate in the proceedings on review must file a response to the notice with the commission secretary within twenty (20) calendar days of service of the decision. (c)(1) The proceedings on review shall be held in accordance with the provisions of Subpart 6 of this part. (2) In a review of the director’s decision, the grant, loan, or tax credit applicant shall be an indispensable party.