8 CAR § 80-612. Denial of licenses

(a) A license required by this subpart shall not be issued or renewed if the applicant for issuance or renewal fails to meet any of the applicable licensing requirements. (b)(1) The Division of Environmental Quality shall, by certified mail with return receipt requested, give written notice to the applicant of its decision to deny the issuance or renewal of a license. (2) The notice of denial shall state: (A) The specific reasons for the denial; (B) That to appeal the denial, the applicant must submit a written request for a meeting with the Director of the Division of Environmental Quality to review the division’s decision; and (C) That the request for a meeting with the director must be received by the division no later than ten (10) days following the applicant’s receipt of the notice of denial. (c)(1) An applicant shall be afforded an opportunity to appeal to the director a decision of the division to deny the license. (2)(A) To appeal the division’s decision to deny the license, an applicant must submit to the director a written request for a meeting to review the division’s decision. (B) The request must be received by the director no later than ten (10) days following the applicant’s receipt of the notice described in subsection (b) of this section. (C) If no request is received by the director within the time specified in subdivision (c)(2)(B) of this section, the decision of the division shall be final and may not be appealed. (3) The director or his or her designee shall arrange a meeting to discuss the denial of the license within fifteen (15) days of the director’s receipt of the applicant’s request under subdivisions (c)(2)(A) and (B) of this section. (d)(1) Following a meeting held under subdivision (c)(3) of this section, the director shall issue a written decision to issue or deny the license in accordance with Administrative Procedures, 8 CAR pt. 11. (2) The decision of the director shall be final, however, it may be appealed to the Arkansas Pollution Control and Ecology Commission by filing a Request for Commission Review and Adjudicatory Hearing in accordance with 8 CAR pt. 11. (e) During the pendency of an appeal under this section, the denial of a license shall stand.