(b)

1. (1) Except as provided in 8 CAR § 11-404, the order may not be reviewed on its merits by the Arkansas Pollution Control and Ecology Commission unless the person to whom the order was issued files a request for hearing within thirty (30) calendar days of the effective date of the default administrative order alleging that failure to request a hearing on the notice of violation was due to excusable neglect.
2. (2) If the commission finds that the failure to file a request for hearing on the notice of violation was due to excusable neglect, the party will be allowed an adjudicatory hearing.