(1) The administrative hearing officer shall schedule the adjudicatory hearing and other proceedings.
(2) In the appeal of a permitting decision, the administrative hearing officer shall schedule the hearing and other proceedings so that the matter will be submitted to the Arkansas Pollution Control and Ecology Commission for final commission action within one hundred twenty (120) calendar days after the preliminary hearing.
(3) However, the parties of record may mutually agree to a longer period of time, or the administrative hearing officer may establish a longer period of time for just cause.
(b)
(1) The administrative hearing officer shall issue, through the commission secretary, a notice of hearing to all parties of record.
(2) The notice shall be served at least ten (10) business days prior to the scheduled date of the adjudicatory hearing and shall include:
(A) The time, date, and place of the adjudicatory hearing;
(B) A statement that all parties of record are entitled to:
(i) Be present at the hearing;
(ii) Be represented by counsel; and
(iii) Present evidence and argument on all issues properly raised by any pleading filed in the proceeding;
(C) A statement that the hearing will be electronically or stenographically recorded; and
(D) A statement that testimony taken at the hearing will be taken under oath.