8 CAR § 61-409. Appeals of grant decisions

(a) Funds disbursed prior to August 16, 2013, are part of the Recycling Grants Program and are subject to the requirements in this section. (b) 8 CAR §§ 61-404 – 61-409 do not apply to funds disbursed under the Solid Waste Management Recycling Fund Distribution Program described in 8 CAR § 61-402. (c) Appeals. The following persons shall have the right to appeal any grant decisions as defined herein made by the Division of Environmental Quality: (1) A grantee; (2) Provided the matter to be appealed is subject to a public comment period, any person who submitted written comments on the contested matter within the comment period; (3) A regional solid waste management board; or (4) Any other person entitled by law to contest the Director of the Division of Environmental Quality’s decision. (d) Review. (1) Any such person may appeal a grant decision by requesting an adjudicatory hearing and Arkansas Pollution Control and Ecology Commission review in accordance with Administrative Procedures, 8 CAR pt. 11, provided, however, that the definition of “grant decisions” contained herein will apply instead of the definition of “grant decisions” contained in 8 CAR pt. 11. (2) Such request shall be in the form and manner required by 8 CAR pt. 11.