(a)
(1)
- (A) The Director of the Division of Environmental Quality shall issue a written decision on all grant, loan, or tax credit matters within the time periods specifically required by law or rule.
- (B) In the absence of a specified time period, decisions shall be issued no later than thirty (30) calendar days after the Division of Environmental Quality’s receipt of all pertinent written facts and arguments, as determined by the division.
(2)
- (A) The date of issuance of a final decision is the date notice of the decision is served upon the applicant.
- (B) Service shall be deemed complete when the notice is placed in the mail to the applicant.
- (3) The effective date of a final decision is the date of issuance as provided in subdivision (a)(2) of this section, unless a later effective date is specified in the decision.
(b)
- (1) The applicant, if any, and all persons submitting public comments on the matter, if a comment period was provided, and all other persons required by law to be served with notice of the decision shall be served with notice.
(2) Unless otherwise provided by law or rule, the notice shall state:
- (A) A description of the matter on which the decision is made in reasonable detail;
- (B) The director’s decision and date of decision; and
- (C) A statement that the applicant, any person submitting public comments on the record during the public comment period, if any, and all other persons entitled by law to do so, may request an adjudicatory hearing and Arkansas Pollution Control and Ecology Commission review of the director’s decision.
- (c) Any request for hearing must be filed with the commission secretary within thirty (30) calendar days after the date of issuance of the director’s final decision, as provided in subdivision (a)(2) of this section.
- (d) Any request for hearing shall comply with the provisions of Subpart 6 of this part.