8 CAR § 11-618. Commission review

(a)(1) Arkansas Pollution Control and Ecology Commission review of any appealed or contested matter shall be a de novo review of the record compiled by the administrative hearing officer. (2) However, the commission may vote to consider additional evidence subject to the provisions of 8 CAR § 11-620. (b) The record before the commission on review shall consist of: (1) The document constituting the Director of the Division of Environmental Quality’s decision; (2) All pleadings, motions, and intermediate rulings; (3) All exhibits admitted during the hearing and a transcript or recording of the hearing; and (4) The recommended decision of the administrative hearing officer, which shall include any proposed findings of fact and conclusions of law. (c)(1) The commission’s decision shall be by majority vote of a quorum that shall be issued in the form of a minute order. (2)(A) The commission’s decision may affirm, modify, or reverse the recommended decision. (B) Alternatively, the commission may reverse and remand all or part of the director’s permitting decision or enforcement action to the director. (3) If the commission reverses and remands part of the decision or action to the director for reconsideration, the commission shall remand with instructions on how the director is to proceed. (d) The commission secretary shall serve a copy of the minute order upon all parties of record to the proceeding no later than ten (10) business days after the minute order is executed by the commission. (e) The commission’s vote to affirm, modify, or reverse the recommended decision shall constitute final commission action for the purposes of appeal.