- (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 grant, loan, or tax credit 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, and all persons who submitted public comments on the record, if a comment period was provided, shall be served notice by the commission of its decision to review.
- (2) Any person served with notice, other than the director and the applicant, 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 of the decision.
(c)
- (1) The proceedings on review shall be held in accordance with the provisions of Subpart 6 of this part.
- (2) In a review of the director’s decision, the grant, loan, or tax credit applicant shall be an indispensable party.