- (a) The Arkansas Pollution Control and Ecology Commission may, by majority vote within thirty (30) calendar days of the effective date of a consent administrative order settling an administrative enforcement action or a default administrative order, initiate adjudicatory review of the order, even if the parties do not.
(b)
- (1) After the commission decides to initiate review, the Director of the Division of Environmental Quality and the person to whom the order is issued and all persons who submitted public comments on the record shall be served notice by the commission of its decision to review.
- (2) Any person so served with notice, other than the director and the person to whom the order is issued, 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) The proceedings on review shall be held in accordance with the provisions of Subpart 6 of this part.
- (d) The person to whom the order is issued shall be considered an indispensable party.