8 CAR § 11-604 – Permissive intervention | Midpage
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8 CAR § 11-604
Permissive intervention
Arkansas Code § 8-1-203
(a) Any person who submitted comments during the public comment period may petition in a timely manner for permissive intervention in an adjudicatory hearing.
(b) If no public comment period is provided, any person who reasonably considers himself or herself injured in his or her person, business, or property by any decision issued by the Director of the Division of Environmental Quality may also timely petition for permissive intervention in an adjudicatory hearing on the matter.
(c) The contents of a petition for intervention shall be the same as that set forth in 8 CAR § 11-603(c)(1)(A)(i) – (v).
(d) A petition for intervention may be denied if it is not filed in the form and manner set out in 8 CAR § 11-603(c)(1).
(e)
(1) The administrative hearing officer’s denial of a petition to intervene shall stand unless a written objection is filed with the Arkansas Pollution Control and Ecology Commission secretary within ten (10) business days of the ruling.
(2) The commission secretary shall place the objection for oral argument before the commission.