(a)

1. (1) Any person who submits written comments within the public comment period on the issuance of a notice of violation shall be given notice of any adjudicatory hearing to be held in the matter.
2. (2) If comments are submitted for a group, the Director of the Division of Environmental Quality may require the group to designate a representative to receive the notice.
3. (3) Any person given notice shall have the right to intervene upon timely filing a petition for intervention.
4. (4) Any other person who reasonably considers himself or herself injured or at risk of injury in his or her person, business, or property may petition for permissive intervention upon timely application as provided in 8 CAR § 11-604.

(b)

1. (1) Any person who comments on a proposed consent administrative order settling an administrative enforcement action may petition the Arkansas Pollution Control and Ecology Commission within thirty (30) calendar days of the effective date of the order to set aside the order and provide an adjudicatory hearing.
2. (2) That person shall file a request for hearing with the commission secretary.
3. (3) If the evidence presented by the petitioner is material and was not considered in the issuance of the order, and the commission finds in light of the new evidence that the order is not reasonable and appropriate, it may set aside the order and provide an adjudicatory hearing.

4. (4)

   1. (A) If the commission denies an adjudicatory hearing, it shall give the petitioner notice of its reasons for the denial.
   2. (B) The denial of a hearing shall constitute final commission action.