8 CAR § 130-303. Right to hearing

(a)(1) Upon receipt of an administrative order, the person against whom the administrative order is issued may object and request a hearing before the Board of Directors of the Boston Mountain Regional Solid Waste Management District. (2) The request for hearing, which must be in writing, should set forth the reasons why the person disagrees with the administrative order. (3)(A) The request for hearing may be delivered to the Boston Mountain Regional Solid Waste Management District in person or by certified mail, return receipt requested, and must be received by the district office no later than close of business thirty (30) days after the date of the administrative order. (B) If the thirtieth day falls on a Saturday, Sunday, or district holiday, the request is due by close of business the following business day. (4)(A) Persons who timely file a request for hearing shall be entitled to be heard at the first regularly scheduled board meeting following receipt of their request for hearing unless the request for hearing is received within fourteen (14) days prior to a scheduled board meeting. (B) In such an event, the appeal will be heard at the following regularly scheduled board meeting. (b) The hearing shall be conducted as follows: (1) Both sides, which may appear in person or by counsel, shall have the opportunity to present documents and oral testimony in support of their position to be considered by the board; (2)(A) The district shall present its case first, followed by the person requesting the hearing. (B) Cross-examination shall be allowed as well as questioning by the board; (3)(A) Conduct of the hearing shall be informal. (B) The Chair of the Board of Directors of the Boston Mountain Regional Solid Waste Management District shall be entitled to use his or her discretion to allow, disallow, or strike any evidence or testimony that is deemed to be: (i) Irrelevant; (ii) Unreliable; or (iii) Duplicative; (4)(A) A court reporter, paid for by the district, will be present to develop a transcript of the hearing. (B) This transcript, along with all evidence presented to and accepted by the chair, shall make up the administrative record in the matter; (5)(A) Upon receipt and consideration of evidence and testimony at the hearing, the board members present shall vote on the action proposed by the administrative order. (B) A majority vote of the board members present shall be final. (C) The chair is allowed a vote; (6)(A) At the close of the hearing, the board shall enter a written order, at which time the decision of the board shall be effective. (B) Each party shall be responsible for drafting a proposed written order to be submitted to the board. (C) Alternatively, the board may draft an order at the close of the hearing; and (7) In all other respects, the hearing shall be conducted in accordance with the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq. (c) In the event no request for hearing is received by the district within the time prescribed by this part, the administrative order shall become final on the day following the date on which a request for hearing is due.