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 deadlines. (1) An applicant or permittee seeking review of a permitting decision must file a request for hearing within thirty (30) calendar days after the date of issuance of the director’s final decision as provided in 8 CAR § 11-211(b)(1). (2) Any other person who has submitted comments on the record that seeks review of a permitting decision must file a request for hearing within thirty (30) calendar days after the date of issuance of the director’s final decision, as provided in 8 CAR § 11-211(b)(1). (3) Any person requesting review of a grant or loan decision or a tax credit decision must file a request for hearing within thirty (30) calendar days after the date of issuance of the director’s final decision, as provided in 8 CAR § 11-302(a)(2). (4) Any person seeking review of an emergency order must file a request for hearing within ten (10) calendar days after the date of issuance of the order. (5) Any person served with a notice of violation and who seeks review of it must file a request for hearing within twenty (20) calendar days after receipt of the notice of violation. (6) Any person who comments on a proposed consent administrative order settling an administrative enforcement action may seek review of the consent administrative order by filing a request for hearing within thirty (30) calendar days of the effective date of the consent administrative order. (7) Any person served with notice of bond forfeiture or a notice of violation which forfeits a bond, must file a request for hearing within twenty (20) calendar days after receipt of the notice of bond forfeiture or notice of violation, unless a different time period or procedure is specified by an applicable rule. (8) Any person requesting review of a petroleum storage tank trust fund decision must file a request for hearing within thirty (30) calendar days after the date of the final decision of the director. (9) Any person seeking review of a director’s decision that is not specifically addressed in subdivision (b)(1), (b)(2), (b)(3), (b)(4), (b)(5), (b)(6), (b)(7), or (b)(8) of this section must file a request for hearing within thirty (30) calendar days of the entry of the decision. (10) A request for hearing shall be dismissed if it is not filed within the time periods set out in subdivisions (b)(1) – (9) of this section, unless good cause is shown for the late filing. (c) Contents of a request for hearing. (1)(A) Every request for hearing shall include: (i) A statement identifying the permit action or subject matter being appealed; (ii) The date of the director’s final decision; (iii) A complete and detailed statement identifying the legal issues and factual objections being appealed; (iv) A request for the issuance, modification, or termination of a stay, if desired, as provided in 8 CAR § 11-612(c); and (v) Certification that a copy of the request for hearing has been served on all appropriate parties identified in 8 CAR § 11-601. (B) In addition to the requirement of subdivisions (c)(1)(A)(i) – (v) of this section, a request for hearing that seeks review of a director’s decision that is not specifically addressed in subdivision (b)(1), (b)(2), (b)(3), (b)(4), (b)(5), (b)(6), (b)(7), or (b)(8) of this section must contain a statement asking the commission to initiate review of the decision and the reasons why that person reasonably considers himself or herself injured in his or her person, business, or property. (2) Failure to file a request for hearing in the form and manner set out in subdivision (c)(1) of this section may result in the dismissal of the request for hearing.