The general procedure to be followed in the financial assistance application, review, and consideration process shall be as follows:

1. (1) Preapplication.

   1. (A) While not specifically required, all potential applicants are encouraged to initially contact the Arkansas Natural Resources Commission for purposes of making arrangements for participating in a preapplication conference between:

      1. (i) Commission staff;
      2. (ii) Applicant (or representative);
      3. (iii) Applicant’s legal, financial, and engineering advisors; and
      4. (iv) Such other persons whose attendance and participation may be deemed appropriate and beneficial.

   2. (B) At the preapplication conference, preliminary matters respecting the applicant, the proposed project, and the application for assistance may be generally discussed in an effort to familiarize all concerned parties with the:

      1. (i) Applicable program; and
      2. (ii) Specific application requirements and procedures;

2. (2) Water and wastewater projects.

   1. (A) Prior to submission of a formal application for water and wastewater projects, the applicant must comply with the procedures established by the Water/Wastewater Advisory Committee (WWAC), including submission of seven (7) copies of a preapplication to the WWAC.
   2. (B) This procedure is not required for emergency projects as defined in 15 CAR § 2-202(b);

3. (3) Application.

   1. (A) Applicant shall initiate application review and consideration by submission to the commission of an application for financial assistance.
   2. (B) In all instances, applications must be written in the form and must include substantive content meeting the requirements of Subpart 3 of this part.

   3. (C)

      1. (i) If the applicant is requesting commission funds from more than one (1) program, separate applications must be made with respect to the funds requested from each program.
      2. (ii) However, every application for funds under a particular program may be considered by the commission at its discretion as a request for financial assistance under any other available program;

4. (4) Preliminary review. Upon receipt of the application by the commission, the application shall be given preliminary review by commission staff for an initial determination of:

   1. (A) Project eligibility;
   2. (B) Applicant eligibility; and
   3. (C) Completeness and accuracy of all required and necessary information;

5. (5) Final review.

   1. (A) Subsequent to preliminary review and based upon the determination of eligibility and adequacy of information submitted, the application shall thereafter be reviewed by commission staff for recommendation to the commission.

   2. (B) In this endeavor, commission staff shall review and investigate the application for the purpose of determining project compliance with:

      1. (i) The approval criteria set forth in Subpart 4 of this part; and
      2. (ii) Such other considerations and factors deemed relevant and necessary for staff recommendation purposes.
   3. (C) In addition, the history of the applicant with respect to the achievement of objectives in previous commission grants, loans, and leases may be examined.
   4. (D) Where applicable, commission staff may contact state and federal government entities who have responsibilities associated with the project;

6. (6) Public hearing.

   1. (A) If the Director of the Arkansas Natural Resources Commission determines that a public hearing would be beneficial in considering an application, he or she may schedule and conduct a hearing in the locality to be served by the project proposed in the application.
   2. (B) The purpose of the public hearing is to obtain written and/or oral statements expressing public views concerning the applicant's request for financial assistance.
   3. (C) Verbatim transcripts of such hearings will not be made.
   4. (D) Persons wishing to make extensive comments should provide a written copy thereof to the commission.

   5. (E)

      1. (i) The date, time, and place of the public hearing will:

         1. (a) (a) Be furnished to all concerned parties; and
         2. (b) (b) Also be published in a newspaper of statewide circulation for a reasonable amount of time.
      2. (ii) It is the policy of the commission that a "reasonable amount of time" shall normally mean that the publication of the notice of public hearing shall be for two (2) consecutive weeks by two (2) insertions seven (7) days apart before the date of the hearing;

7. (7) Commission review and consideration. Upon completion of staff review, the submitted application with staff recommendations, if any, shall be:

   1. (A) Placed upon the commission’s meeting agenda as promptly as practicable; and

   2. (B) Thereby submitted to the commission for commission:

      1. (i) Review;
      2. (ii) Consideration; and
      3. (iii) Action; and
8. (8) Memorandum of agreement. The applicant funded by the Water, Waste Disposal, and Pollution Abatement Facilities General Obligation Bond Program will enter into a joint memorandum of agreement (MOA) with the commission for scheduling the financial assistance, planning and design, and construction phases.