- (a) The Arkansas Pollution Control and Ecology Commission may, by majority vote within thirty (30) calendar days of the date of the Director of the Division of Environmental Quality’s issuance of a permitting decision, initiate adjudicatory review of the decision, even if the parties do not.
(b)
- (1) After the commission decides to initiate review, the director, the applicant or permittee, and all persons who submitted public comments on the record shall be served notice by the commission of its decision to review.
- (2) Any such person so served, other than the director and the applicant or permittee, desiring to participate in the proceedings on review must file a response to the notice with the commission secretary within twenty (20) calendar days of service.
(c)
- (1) The proceedings on review shall be held in accordance with the provisions of Subpart 6 of this part.
- (2) During the review, the permit applicant or permittee shall be considered an indispensable party.