(a) After a request for hearing is filed with the Arkansas Pollution Control and Ecology Commission secretary, a preliminary hearing may be held, if necessary, for the administrative hearing officer to consider the simplification of the issues and other matters as may aid in the disposition of the proceeding.
(b)
(1) Notwithstanding the provisions of subsection (a) of this section, a preliminary hearing must be held following the filing of a request for hearing involving a permitting decision.
(2) The preliminary hearing shall be held within thirty (30) calendar days of the date of filing the request.
(3) Within a reasonable time after the preliminary hearing, the administrative hearing officer shall enter a written decision for the commission regarding the extent to which, if at all, the request should be granted or denied and which parties should be allowed to participate.
(4) The administrative hearing officer shall determine whether the:
(A) Parties qualify as proper parties under 8 CAR § 11-601;
(B) Issues are properly raised; and
(C) Pleadings conform with the applicable requirements in Subpart 6 of this part.
(5) Any party aggrieved by the written decision of the administrative hearing officer issued under this section may, within ten (10) business days from the date of the decision, request commission review of the decision.
(6) No person other than the applicant or permittee may raise any issue in the hearing that was not raised during the public comment period on the record, unless the person raising the issue shows good cause why the issue could not, with reasonable diligence, have been discovered and presented during the public comment period.
(c) At any preliminary hearing involving a permitting decision, the administrative hearing officer shall weigh the equities of any request for expedited review and advance the case on the administrative docket as circumstances permit.