- (a) The Arkansas Pollution Control and Ecology Commission may, by majority vote within ten (10) calendar days of the Director of the Division of Environmental Quality’s issuance of an emergency order, initiate adjudicatory review of the order, even if the parties do not.
- (b) If the commission decides to initiate review, it shall serve notice of its decision on the director and the person or persons, if any, to whom the order is issued.
- (c) In any review, the person to whom the order is issued, if any, shall be considered an indispensable party.
(d)
- (1) An adjudicatory hearing shall be held within ten (10) calendar days of the commission’s decision to initiate review, unless the person to whom the order is issued, if any, and the director agree to an extension of time.
- (2) The administrative hearing officer shall give notice of the time, date, and place of the hearing to the person to whom the order is issued at the earliest opportunity and by any means calculated to give actual notice to that person.
- (3) The hearing shall be held in accordance with the provisions of Subpart 6 of this part.